The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2011

Statutory Rules of Northern Ireland

2011 No. 212

Environmental Protection

The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2011

Made

3rd June 2011

Coming into operation

25th June 2011

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Article 4 of the Environment (Northern Ireland) Order 2002(1).

In accordance with Article 4(4) of that Order, the Department has consulted district councils and such bodies or persons appearing to it to be representative of the interests of district councils as it considers appropriate, such bodies or persons appearing to it to be representative of the interests of industry, agriculture and business as it considers appropriate and such other bodies and persons as it considers appropriate.

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2011 and shall come into operation on 25^th June 2011.

(2) In these Regulations “the Principal Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003(2).

Commencement Information

I1 Reg. 1 in operation at 25.6.2011, see reg. 1(1)

Amendment to the Principal Regulations N.I.

2.—(1) Part A of Section 1.1 (Combustion Activities) of Part 1 of Schedule 1 to the Principal Regulations is amended as follows—

(a) in paragraph (b)(iii) delete “subject to the conditions of paragraph (c)”;

(b) delete paragraphs (c) and (d);

(c) delete the section entitled Interpretation of Part A and insert—

“Interpretation of Part A

1.   For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances shall be treated as a single appliance with a rated thermal input of 50 megawatts or more.

2.   For the purpose of paragraph (b)(iii) “fuel” does not include fuel manufactured from waste which ceased to be a waste before being burned as a fuel.”

(2) In the Interpretation of Part C after paragraph 2 insert—

“3.   For the purposes of paragraph (b)(iii) and (c) “fuel” does not include fuel manufactured from waste which ceased to be waste before being burned as a fuel.”

(3) In Section 6.5 (Manufacture of dyestuffs, printing ink and coating materials), of Part 1 of Schedule 1 to the Principal Regulations, in paragraph (a)(ii) of Part B and in paragraph (a)(ii) of Part C after “coating material” insert “where the process uses lead chromate or triglycidyl isocyanurate and”.

(4) In Section 6.8 (Treatment of animal and vegetable matter and food industries) of Part 1 of Schedule 1 to the Principal Regulations in the Interpretation of Section 6.8 amend as follows—

(a) in the definition of “exempt activity” after paragraph (xiv) insert “(xv) “the drying of green crops”;

(b) after the definition of “food” insert ““green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops.

(5) After Section 6.9 (Intensive Farming) of Part 1 of Schedule 1 to the Principal Regulations insert—

“SECTION 6.10 N.I. CARBON CAPTURE AND STORAGE

Part A

Capture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the council of 23rd April 2009 on the geological storage of carbon dioxide.

Part B

NIL.

Part C

NIL.”

Commencement Information

I2 Reg. 2 in operation at 25.6.2011, see reg. 1(1)

3.—(1) Part 2 of Schedule 4 (Determination of Applications) to the Principal Regulations is amended as follows:

(a) In paragraph 9(1)(a) delete “Health and Social Services Board” and insert “Regional Agency for Public Health and Social Well-being”.

(b) In paragraph 9(2) delete ““Health and Social Services Board” means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(e)” and insert ““Regional Agency for Public Health and Social Well-being” means the Regional Agency for Public Health and Social Well-being established under Article 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(3).”.

Commencement Information

I3 Reg. 3 in operation at 25.6.2011, see reg. 1(1)

Sealed with the Official Seal of the Department of the Environment on 3^rd June 2011.

Denis McMahon

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Pollution Prevention and Control Regulations (Northern Ireland) 2003.

Regulations 2(1) and (2) amend Section 1.1 by amending the Interpretation of Part A to remove from the scope of Part A (b)(iii), fuels manufactured from a waste which have ceased to be a waste before being burned. A similar amendment is made to the Interpretation of Part C for Part C (b)(iii) and (c).

Regulation 2(3) excludes the manufacture of powder coating in Section 6.5 unless the process uses lead chromate or triglycidyl isocyanurate.

Regulation 2(4) places the drying of green crops in the list of exempt activities in Section 6.8.

Regulation 2(5) inserts a new Section 6.10 in respect of carbon capture and storage.

Regulation 3 amends Part 2 of Schedule 4 by replacing Health and Social Services Board with Regional Agency for Public Health and Social Well-being.

(1)

S.I 2002 No. 3153 (N.I.7)

(2)

S.R. 2003 No. 46

(3)

2009 c.1 (N.I.)