The Smoke Control Areas (Authorised Fuels) (Amendment) (No. 2) Regulations 1992

Statutory Instruments

1992 No. 3148

CLEAN AIR

The Smoke Control Areas (Authorised Fuels) (Amendment) (No. 2) Regulations 1992

Made

9th December 1992

Laid before Parliament

17th December 1992

Coming into force

7th January 1993

The Secretary of State for the Environment as respects England and Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred by section 34(1)(1) of the Clean Air Act 1956(2) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Smoke Control Areas (Authorised Fuels) (Amendment) (No. 2) Regulations 1992 and shall come into force on 7th January 1993.

Authorised fuels for the purposes of the Clean Air Act 1956

2.—(1) Schedule 1 to the Smoke Control Areas (Authorised Fuels) Regulations 1991(3) shall be amended as follows.

(2) After paragraph 4 there shall be inserted the following paragraph–

“4A.   Black Diamond Gem briquettes, manufactured by Coal Products Limited at Immingham Briquetting Works, Immingham, Humberside, which–

(a) comprise anthracite duff (as to 20 to 30 per cent of the total weight), petroleum coke (as to 40 to 45 per cent of the total weight), bituminous coal (as to 12 to 22 per cent of the total weight) and molasses and phosphoric acid binder (as to the remaining weight);

(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 300°C;

(c) are pillow-shaped briquettes marked with two parallel indented lines running latitudinally around the briquette and have an average weight of 160 grammes; and

(d) have a sulphur content not exceeding 1.5 per cent of the total weight.”

(3) After paragraph 8(c) there shall be inserted–

“(d) Centrala Handlu Zagraniczengo Weglokoks, Poland and sold as “Glowbrite”.”

(4) After paragraph 8 there shall be inserted the following paragraph–

“8A.   Ecobrite briquettes, manufactured by Arigna Fuels Limited at Arigna, Carrick-on-Shannon, County Roscommon, which–

(a) comprise anthracite fines (as to approximately 96 per cent of the total weight) and starch as binder (as to the remaining weight);

(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at about 250°C;

(c) are unmarked pillow shaped briquettes in two sizes having an average weight of 37 grammes for the smaller size and 48 grammes for the larger size; and

(d) have a sulphur content not exceeding 1.5 per cent of the total weight”.

(5) After paragraph 12 there shall be inserted the following paragraph–

“12A.   Koala briquettes, manufactured by Allied Smokeless Fuels Limited at Foynes, County Limerick, which–

(a) comprise anthracite fines and coal blends (as to approximately 70 per cent of the total weight), petroleum coke (as to approximately 17 per cent of the total weight) and molasses and phosphoric acid as binder (as to the remaining weight);

(b) were manufactured from those constituents by a process involving roll-pressing and heat treatment at between 250°C and 280°C;

(c) are pillow-shaped briquettes, with one indented line running latitudinally around the briquette, in two sizes having an average weight of 42 grammes for the smaller size and 85 grammes for the larger size; and

(d) have a sulphur content not exceeding 1.5 per cent of the total weight”.

Michael Howard

Secretary of State for the Environment

9th December 1992

Signed by authority of the Secretary of State for Scotland

Hector Monro

Parliamentary Under Secretary of State for Scotland

9th December 1992

Explanatory Note

(This note is not part of the Regulations)

Section 11 of the Clean Air Act 1956 makes the occupier of a building within a smoke control area guilty of an offence if smoke is emitted from the chimney of that building unless it can be proved that the emission of smoke was caused solely by the use of an authorised fuel. These Regulations, which apply to Great Britain, amend the Smoke Control Areas (Authorised Fuels) Regulations 1991 so that the following additional fuels are now authorised–

(a) Black Diamond Gem briquettes;

(b) Ecobrite briquettes;

(c) Glowbrite coke; and

(d) Koala briquettes.

(1)

See the definitions of “authorised fuel” and “the Minister”. The powers of the Minister as respects England and Wales are now vested in the Secretary of State by virtue of S.I. 1970/1681.

(2)

1956 c. 52.

(3)

S.I. 1991/1282, amended by S.I. 1992/72.