The Environmental Permitting (England and Wales) Regulations 2016

SECTION 1.2 E+W Gasification, liquefaction and refining activities

Part A(1)

(a) Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any 12-month period.

(b) Operating coke ovens.

(c) Gasification or liquefaction of—

(i) coal, or

(ii) other fuels in installations with a total rated thermal input of 20 or more megawatts.

(d) Refining mineral oils.

(e) The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—

(i) crude oil;

(ii) stabilised crude petroleum.

(f) Activities involving the pyrolysis, carbonisation, distillation, partial oxidation or other heat treatment of—

(i) coal (other than the drying of coal),

(ii) lignite,

(iii) oil,

(iv) other carbonaceous material, or

(v) mixtures of any of these,

otherwise than with a view to making charcoal.

(g) Activities involving the liquefaction or gasification of other carbonaceous material.

Interpretation and application of Part A(1)

1.  Part A(1)(f) does not include— E+W

(a) the use of any substance as a fuel;

(b) the incineration in a waste incineration plant or waste co-incineration plant of any substance as a waste;

(c) any activity for the treatment of sewage or sewage sludge;

(d) the anaerobic digestion of biodegradable material, whether or not containing or comprising waste.

2.  In Part A(1)(f), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions. E+W

3.  In Part A(1), “ carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated or sewage. E+W

4.  In paragraph (1)(d), “ anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which— E+W

(a) is carried on under controlled anaerobic conditions,

(b) produces a methane-rich gas mixture, and

(c) results in stable sanitised material that can be applied to land for the benefit of agriculture or to improve the soil structure or nutrients in land.

Part A(2)

(a) Refining gas where this activity does not fall within Part A(1)(a) of this Section.

Part B

(a) Blending odorant for use with natural gas or liquefied petroleum gas.

(b) The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.

(c) The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any 12-month period is likely to be 500m³ or more.

(d) Motor vehicle refuelling activities at an existing service station after the prescribed date, if the throughput of petrol at that service station in any 12-month period is or is likely to be in excess of 3,000m³.

(e) Motor vehicle refuelling activities at a new service station, if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 500m³.

(f) Motor vehicle refuelling activities at a new service station if the throughput of petrol at that service station in any 12-month period is, or is intended to be in excess of 100m³ and it is situated under permanent living quarters or working areas.

Interpretation of Part B

1.  In Part B— E+W

“existing service station” means a service station—

(a)

which was put into operation, or

(b)

for which planning permission under the Town and Country Planning Act 1990 M1 was granted,

before 1st January 2010;

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;

“new service station” means—

(a)

a service station for which planning permission under the Town and Country Planning Act 1990 was granted on or after 1st January 2010 and—

(i)

in relation to paragraph (e) of Part B, it is put into operation on or after 1st January 2010;

(ii)

in relation to paragraph (f) of Part B, it is put into operation on or after 1st January 2012;

(b)

any existing service station which, on or after 1st January 2012, undergoes a major refurbishment, which has the same meaning as in PVR II;

“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles;

“prescribed date” means 31st December 2011 if the throughput is in excess of 3,500m³ and 31st December 2018 if the throughput is in excess of 3,000m³;

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks but does not include any service station exclusively used in association with the construction and delivery of new motor vehicles;

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

Marginal Citations

M1 1990 c. 8.

2.  Any other expressions used in Part B which, in relation to paragraphs (b) and (c), are also used in PVR I or, in relation to paragraphs (d) to (f), are also used in PVR II, have the same meaning as in those Directives. E+W