The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 2499

CLEAN AIR

The Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993

Made

15th October 1993

Laid before Parliament

25th October 1993

Coming into force

15th November 1993

The Secretary of State, in exercise of the powers conferred upon him by sections 20(6) and 63(1) of the Clean Air Act 1993(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Smoke Control Areas (Authorised Fuels) (Amendment) Regulations 1993 and shall come into force on 15th November 1993.

Authorised fuels for the purposes of the Clean Air Act 1993

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

(2) In paragraph 1, for the words “Ancit 40 and Ancit 60 briquettes”, there shall be substituted the words “Phurnacite Plus”.

(3) After paragraph 4A(3) there shall be inserted the following paragraph—

“4B.   BFL Fireside, marketed by British Fuels Limited, and being either—

(a) New Flame briquettes as described in paragraph 13B below(d), or

(b) Supertherm briquettes as described in paragraph 18 below.”.

(4) In paragraph 8, after sub-paragraph (d)(4), there shall be inserted the following sub-paragraph—

“(e) SSM Coal Limited at Immingham Dock, Grimsby, South Humberside and sold as “Gloco”.”.

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

“12AA.   Homefire (R) briquettes, manufactured by Coal Products Limited at Coventry, Warwickshire, which—

(a) comprise anthracite fines (as to 40 to 60 per cent of the total weight), char (as to 40 to 60 per cent of the total weight), bituminous coal (as to 0 to 10 per cent of the total weight) and an organic binder as to the remaining weight;

(b) were manufactured from those constituents by a process involving extrusion;

(c) are unmarked hexagonal briquettes having an average weight of 240 grammes; and

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

(6) After paragraph 12A(a) there shall be inserted the following paragraph—

“12B.   Long Beach Lump nuts (otherwise known as LBL nuts), manufactured by Aimcor Carbon Corp.at Long Beach, California, United States of America, which—

(a) comprise petroleum coke (as to approximately 85% to 100% of the total weight), limestone (as to approximately 0% to 10% of the total weight) and coal tar pitch (as to the remaining weight);

(b) were manufactured from those constituents by a process involving heat treatment and steam injection;

(c) are unmarked random shapes; and

(d) have a sulphur content not exceeding 2% of the total weight.”.

(7) In paragraph 14, for the words “Taybrite Limited”, there shall be substituted the words “Ryan Mining Limited”.

(8) In paragraph 16A(5), for the words “Roomheat briquettes”, there shall be substituted the words “Homefire ovals”.

(9) After paragraph 17 there shall be inserted the following paragraph—

“17A.   Sunbrix briquettes, manufactured by Yarraboldy Briquette Company Limited at Rockhampton, Queensland, Australia, which—

(a) comprise anthracite (as to approximately 90% of the total weight) and cold setting organic binder as to the remaining weight;

(b) were manufactured from those constituents by a process involving roll pressing;

(c) are unmarked ovoids which have an average weight of 50 grammes; and

(d) have a sulphur content not exceeding 1% of the total weight.”.

Savings

3.  Notwithstanding the amendment made by regulation 2(7) above, New Taybrite briquettes manufactured before the coming into force of these Regulations by Taybrite Limited shall continue to be an authorised fuel.

Signed by authority of the Secretary of State

Denton of Wakefield

Parliamentary Under Secretary in the

Department of the Environment

15th October 1993

Explanatory Note

(This note is not part of the Regulations)

By virtue of section 20 of the Clean Air Act 1993, where smoke is emitted from a chimney, in a smoke control area, and that chimney is either—

(a) a chimney of a building, or

(b) a chimney serving the furnace of a fixed boiler or industrial plant (not being a chimney of a building),

the occupier of the building or, as the case may be, the person having possession of the boiler or plant, is guilty of an offence.The section provides that it is a defence to show that any alleged emission 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) BFL Fireside;

(b) Gloco coke;

(c) Homefire (R) briquettes;

(d) Long Beach Lump nuts; and

(e) Sunbrix briquettes.

The Regulations further amend the 1991 Regulations so as to take account of the change in name of two authorised fuels (Ancit briquettes are now called Phurnacite Plus, and Roomheat briquettes are now called Homefire ovals), and so as to take account of the corporate restructuring which has resulted in the authorised fuel New Taybrite briquettes now being manufactured by Ryan Mining Limited.

(1)

1993 c. 11.

(2)

S.I. 1991/1282, amended by S.I. 1992/72, 3148.

(3)

Paragraph 4A was inserted by regulation 2(2) of S.I. 1992/3148.

(4)

Paragraph 8(d) was inserted by regulation 2(3) of S.I. 1992/3148.

(5)

Paragraph 16A was inserted by regulation 2(5) of S.I. 1992/72.