- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Environmental Permitting (England and Wales) Regulations 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
Regulation 35(2)(b)
1. This Schedule applies in relation to every Part B installation and Part B mobile plant.
2. When interpreting the IPPC Directive for the purposes of this Schedule—
(a)except where otherwise defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;
(b)“installation” means “Part B installation” or “Part B mobile plant”;
(c)“permit” means “environmental permit”;
(d)a reference to “emission limit values” is to be read as a reference to those values which are relevant to air pollution;
(e)the competent authority is the regulator; and
(f)“substance” is to be read as including, after the words “its compounds” in Article 2(1) of that Directive, the words “and any biological entity or micro-organism”.
3. The regulator must exercise its functions under these Regulations for the purpose of preventing or, where that is not practicable, reducing emissions into the air.
4.—(1) The regulator must ensure that every application for the grant of an environmental permit includes the information specified in Article 6(1) of the IPPC Directive.
(2) But, when interpreting Article 6(1), the regulator must—
(a)ignore points (b), (d) and (g);
(b)ignore points (c) and (e) to the extent that the application relates to the carrying on of dry cleaning at a Part B installation;
(c)in point (e), the reference to “each medium” is to be read as a reference to “air”;
(d)ignore point (f) to the extent that the application relates to the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts at a Part B installation;
(e)in point (h), read the reference to “Article 3” as a reference to “Article 3(1)(a) and (1)(b)”.
(3) In this paragraph, “dry cleaning” has the meaning given in Part B of Section 7 of Part 2 of Schedule 1.
5.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the IPPC Directive—
(a)Article 3(1)(a) and (b);
(b)Article 9(1) to (4);
(c)Article 10;
(d)Article 12;
(e)Article 19(2).
(2) But when interpreting the IPPC Directive for the purposes of this paragraph, the regulator must—
(a)in Article 3(1), ignore the words “provide that the competent authorities”;
(b)in Article 9(1) read—
(i)the reference to “Article 3” as a reference to “Article 3(1)(a) and (b)”, and
(ii)the words from “in order” to the end of the Article as “for the purpose of preventing or, where that is not practicable, reducing emissions into the air”;
(c)in Article 9(3), ignore the words “and their potential to transfer pollution from one medium to another (water, air and land)”;
(d)in Article 9(4)—
(i)in the case of Part B mobile plant, ignore the words “its geographical location and the local environmental conditions”, and
(ii)ignore the last sentence;
(e)in the case of Part B mobile plant, ignore Article 12;
(f)in Annex III, ignore the section headed “WATER”.
6. The regulator must review an environmental permit if any of the circumstances in Article 13(2) of the IPPC Directive apply in relation to the Part B installation or Part B mobile plant whose operation it authorises.
7.—(1) The regulator must ensure that it is informed of developments in best available techniques.
(2) In this paragraph, “best available techniques” has the meaning given in Article 2(12) of the IPPC Directive, save that the reference to “Annex IV” in that Article is to be read as a reference to “paragraphs 4 to 8 of Annex IV”.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: