The Pollution Prevention and Control (Amendment) and Connected Provisions Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (“the PPC Regulations”) and the Industrial Pollution Control (Northern Ireland) Order 1997.

Regulation 2(1)(a) removes the definitions of “organic compound” and “volatile organic compound” or “VOC” from the general interpretation section in regulation 2(2) of the PPC Regulations, and regulation 2(4)(l) inserts these definitions into Section 7 of Schedule 1 (SED Activities) to those Regulations.

Regulation 2(1)(b) deletes the definition of “prescribed” in regulation 2 of the PPC Regulations.

Regulation 2(2) amends the criteria for determining a fit and proper person under regulation 4 of the PPC Regulations.

Regulation 2(3) deletes paragraph 7 of regulation 27 of the PPC Regulations.

Regulation 2(4) amends Part 1 of Schedule 1 (Activities) to the PPC Regulations. In particular –

(a) Regulation 2(4)(c) transfers ferrous metals activities involving the operation of electro-slag furnaces from Part A to Part C of Section 2.1 (Ferrous Metals);

(b) Regulations 2(4)(d) to (f) insert further technical amendments to the activities specified in Sections 4.1 (Organic Chemicals), 4.2 (Inorganic Chemicals) and 4.7 (Manufacturing Activities Involving Carbon Disulphide or Ammonia);

(c) Regulation 2(4)(g) amends Section 5.1 (Incineration and Co-Incineration of Waste);

(d) Regulations 2(4)(h) and (i) extend the exclusions in Part A of Section 5.3 (Disposal of Waste Other Than by Incineration or Landfill) and Section 5.4 (Recovery of Waste) to certain activities involving the treatment of waste soil and contaminated material.

Regulation 2(5) amends Part 2 of Schedule 1 (Interpretation of Part 1) to the PPC Regulations to exclude certain activities carried out in installations or mobile plant used solely for research and development and testing of new products and processes.

Regulation 2(6) inserts a new provision into Part 3 of Schedule 1 (Interpretation of “Part A Installation” etc.) to the PPC Regulations.

Regulation 2(7) deals with amendments to the transitional arrangements in Schedule 3 (Prescribed Date and Transitional Arrangements) to the PPC Regulations and makes further provision with respect to the deemed application process in those Regulations.

Regulation 2(8) makes minor amendments to Schedule 4 (Grant of Permits) to the PPC Regulations.

Regulation 2(9) amends Schedule 7 (Variation of Conditions) to the PPC Regulations.

Regulation 2(10) makes amendments to the information to be contained in a register maintained under regulation 30 of the PPC Regulations.

Regulation 3 provides that an authorisation granted under the Industrial Pollution Control (Northern Ireland) Order 1997 will cease to have effect on the granting of a permit under the PPC Regulations to the extent to which it covers the same authorised process.

Regulation 4 deals with transitional provisions.