7. In Schedule 1 Part 1 Section 5.1 to those Regulations, in the paragraph on interpretation of Section 5.1—
(a)for the definition of “hazardous waste” substitute—
““hazardous waste” means any solid or liquid waste as defined in Articles 3(2) and 7 of the Waste Directive except for—
combustible liquid wastes including waste oils as defined in Article 3(3) of the Waste Directive provided that they meet the following criteria:-
the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB) or pentachlorinated phenol (PCP) amounts to concentrations not higher than those set out in the relevant Community legislation;
these wastes are not rendered hazardous by virtue of displaying properties set out in Annex III to the Waste Directive;
the net calorific value amounts to at least 30 MJ per kilogramme; and
any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels, as amended by Directive 2005/33/EC or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;”; and
(b)for the definition of “waste” substitute—
““waste” means any solid or liquid waste as defined in Article 3(1) of the Waste Directive.”.