The Environmental Permitting (England and Wales) (Amendment) Regulations 2011

Statutory Instruments

2011 No. 2043

Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011

Made

11th August 2011

Coming into force in accordance with regulation 1(b)

These Regulations are made in exercise of the powers conferred by sections 2 and 7(9) of, and Schedule 1 to, the Pollution Prevention and Control Act 1999 M1 .

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, have in accordance with section 2(4) of that Act consulted M2 —

(a)

the Environment Agency;

(b)

such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate; and

(c)

such other bodies or persons as they consider appropriate.

A draft of this instrument has been approved by a resolution of each House of Parliament and by the National Assembly for Wales pursuant to section 2(8) and (9)(d) and (e) of that Act M3 .

Accordingly, the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales, make the following Regulations.

Marginal Citations

M1 1999 c. 24. Paragraph 9A was inserted by S.I. 2005/925, Schedule 6, paragraph 2(2)(a). Paragraph 21A was inserted by section 38 of the Waste and Emissions Trading Act 2003 (c. 33). Paragraph 24 was amended by S.I. 2005/925, Schedule 6, paragraph 2(2)(b). Paragraph 25 was amended by section 105(1)(a) and (b) of the Clean Neighbourhoods and Environment Act 2005 (c. 16). Functions of the Secretary of State under section 2 (except in relation to offshore oil and gas exploration and exploitation), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 3 of the National Assembly for Wales (Transfer of Functions) Order 2005 (S.I. 2005/1958). Those functions were then transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

M2 The requirement in that section to consult the bodies and persons mentioned was transferred from the National Assembly for Wales to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The consultation carried out by the National Assembly for Wales has effect as if it were carried out by the Welsh Ministers by virtue of paragraph 39(3) of that Schedule to that Act.

M3 The reference in section 2(8) to approval by each House of Parliament has effect in relation to exercise of functions by the Welsh Ministers as if it were a reference to approval by the National Assembly for Wales by virtue of paragraph 33 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

PART 1 E+W+S General

Citation and commencement E+W+S

Interpretation E+W+S

PART 2 E+W+S Amendments to the 2010 Regulations

Amendment of the Environmental Permitting (England and Wales) Regulations 2010 E+W+S

Amendment of regulation 2 (interpretation: general) E+W+S

Amendment of regulation 5 (interpretation: exempt facilities) E+W+S

Amendment of regulation 12 (requirement for an environmental permit) E+W+S

Amendment of regulation 14 (content and form of an environmental permit) E+W+S

Amendment of regulation 17 (Single site permits etc.) E+W+S

Amendment of regulation 67 (Interpretation of Part 7) E+W+S

Revocation of regulation 72 (Radioactive substances exemption orders) E+W+S

Insertion of regulations 72A, 72B, 72C and 72D E+W+S

Amendment to Schedule 1 (activities, installations and mobile plant) E+W+S

Amendment to Schedule 5 (environmental permits) E+W+S

Amendment to Schedule 22 (groundwater activities) E+W+S

Substitution of Schedule 23 (radioactive substances activities) E+W+S

PART 3 E+W+S Consequential amendments, repeals, savings and revocation

Consequential amendments E+W+S

Repeals E+W+S

Savings E+W+S

Revocation E+W+S

Charles Hendry

Minister of State,

Department of Energy and Climate Change

Date 20th July 2011

John Griffiths

Minister for Environment and Sustainable Development

one of the Welsh Ministers

Date 11th August 2011

Regulation 15

SCHEDULE 1 E+W+S New Schedule 23 to the 2010 Regulations

Regulation 35(2)(q)

“SCHEDULE 23 E+W+S Radioactive substances activities

PART 1 E+W+S Application

Application

PART 2 E+W+S Interpretation

Interpretation

Interpretation: NORM industrial activity

Interpretation: “radioactive material”, “radioactive waste” and “waste”

NORM industrial activities

Processed radionuclides of natural terrestrial or cosmic origin

Radionuclides not of natural terrestrial or cosmic origin

Radionuclides with a short half-life

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

Contaminated substances or articles

Substances or articles after disposal

Interpretation: radioactive substances activity

Nuclear sites

Vehicles, vessels and aircraft

PART 3 E+W+S Tables of radionuclides and summation rules

Table 1

2.   The Table 1 summation rule in respect of column 2, 3 or 4 means the sum of the quotients A/B where—

(a) “A” means the concentration of each radionuclide listed in column 1 of Table 1 that is present in the substance or article; and

(b) “B” means the concentration of that radionuclide specified in column 2, 3 or 4 (as appropriate) of Table 1.

Table 2

4.   The Table 2 column 2 summation rule means the sum of the quotients A/B where—

(a) “A” means the concentration of each radionuclide listed in column 1 of Table 2 that is present in the substance or article, and

(b) “B” means the concentration of that radionuclide specified in column 2 of Table 2.

References in Table 1 and Table 2 to + and sec

Table 3

PART 4 E+W+S The Basic Safety Standards Directive

SECTION 1 E+W+S Exposures and doses

Optimisation and dose limits

Specific dose limits and calculation

SECTION 2 E+W+S Interventions

Radioactive waste: power of the Secretary of State to provide facilities for disposal or accumulation

Radioactive waste: power of disposal by the regulator

PART 5 E+W+S The HASS Directive

SECTION 1 E+W+S Security of sources

Interpretation

Site security: inspection

Site security: security measures and advice

SECTION 2 E+W+S Advice and assistance in relation to orphan sources

Advice and assistance in respect of orphan sources

SECTION 3 E+W+S Exercise of relevant functions and matters in relation to orphan sources

General

Records and inspections

Training and information

Orphan sources

PART 6 E+W+S Conditions in environmental permits

Posting on premises of environmental permits

PART 7 E+W+S Radioactive substances activity exemptions

SECTION 1 E+W+S General

Interpretation

Interpretation: NORM

SECTION 2 E+W+S Exemption for keeping and using radioactive material and accumulating radioactive waste

Exemption for keeping and using radioactive material

Exemption for accumulating radioactive waste

Radioactive substances exempted under paragraphs 3 and 4

Conditions in respect of the total quantity or concentration of radioactive substances on any premises

Exemption for accumulating NORM waste

SECTION 3 E+W+S Exemption for keeping or using mobile radioactive apparatus

Exemption for keeping or using mobile radioactive apparatus

SECTION 4 E+W+S Relevant standard conditions

Interpretation of this section

Relevant standard conditions

General conditions

Loss or theft conditions

Loss or theft conditions: mobile radioactive apparatus

Condition to dispose of accumulated waste

SECTION 5 E+W+S Exemption for disposing of solid radioactive waste

Exemption for receiving and disposing of solid radioactive waste

Solid radioactive waste

Conditions in respect of solid radioactive waste

SECTION 6 E+W+S Exemption for disposing of NORM waste

Exemption for receiving and disposing of NORM waste

Conditions in respect of NORM waste

SECTION 7 E+W+S Exemption for disposing of aqueous radioactive waste

Exemption for disposing of aqueous radioactive waste in Table 6

Exemption for disposing of other aqueous radioactive waste

Conditions in respect of aqueous radioactive waste in paragraph 21

SECTION 8 E+W+S Exemption for disposal of gaseous radioactive waste

Exemption for disposal of gaseous radioactive waste

Conditions in respect of gaseous radioactive waste

SECTION 9 E+W+S Tables and summation rules in this Part

Table 4

Table 5

27.   The summation rule in respect of column 2 of Table 5 is the sum of the quotients A/B where—

(a) “A” means the quantity of each radionuclide listed in column 1 of Table 5 that is present in the material and waste; and

(b) “B” means the quantity of that radionuclide specified in column 2 of Table 5.

28.   The summation rule in respect of column 3 of Table 5 is the sum of the quotients C/D where—

(a) “C” means the concentration of each radionuclide listed in column 1 of Table 5 that is present in the material and waste; and

(b) “D” means the concentration of that radionuclide specified in column 3 of Table 5.

Table 6

Table 7

31.   The summation rule in respect of column 2 of Table 7 is the sum of the quotients A/B where—

(a) “A” means the concentration in Bq/ litre of each radionuclide listed in column 1 of Table 7 that is present in aqueous waste which is not described in a row in column 1 of Table 6; and

(b) “B” means the concentration of that radionuclide specified in column 2 of Table 7.

32.   The summation rule in respect of column 3 of Table 7 is the sum of the quotients C/D where—

(a) “C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year; and

(b) “D” means the quantity of that radionuclide specified in column 3 of Table 7.

33.   The summation rule in respect of column 4 of Table 7 is the sum of the quotients C/E where—

(a) “C” means the quantity in Bq of each radionuclide listed in column 1 of Table 7 that is present in the aqueous waste which is not described in a row in column 1 of Table 6 which is disposed of in the year; and

(b) “E” means the quantity of that radionuclide specified in column 4 of Table 7.

Interpretation of this section

Table 8

PART 8 E+W+S Radioactivity to be disregarded

SECTION 1 E+W+S Provisions

Interpretation

2.— (1) This Part applies to a provision—

(a) specified in paragraph 3;

(b) contained in an instrument made under a provision so specified;

(c) which has effect by virtue of a provision so specified; or

(d) which extends or applies a provision so specified.

(2) This Part also applies to a provision of a local enactment (whenever passed or made and however expressed) in so far as it—

(a) prohibits or restricts—

(i) the disposal or accumulation of waste;

(ii) the disposal or accumulation of a substance which is or causes a nuisance; or

(iii) a disposal or accumulation which causes pollution; or

(b) confers a power, or imposes a duty, on a public authority or an officer of a public authority to take action to prevent, restrict or abate a disposal or accumulation of a description given in paragraph (a).

(3) In sub-paragraph (2)—

(a) a reference to “disposal” in relation to a provision to which this Part applies, means—

(i) the discharge or deposit of a substance; or

(ii) the allowing of a substance to escape or to enter a stream or other place,

as may be mentioned in that provision; and

(b) “local enactment” means—

(i) a local or private Act;

(ii) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure; or

(iii) an order confirmed by the National Assembly for Wales or brought into operation in accordance with special procedure in the Assembly.

Provisions of enactments

Marginal Citations

M9 OJ No L 159, 29.6.1996, p 1.

M10 1965 c. 57. Section 5(3) was amended by S.I. 1974/2056, regulation 2 and Schedule 2, paragraph 1.

M11 OJ No. L 353, 31.12.2008, p.1.

M12 For the meaning of ‘sec’ and ‘+’ in this part see paragraph 5.

M13 EC 2000. Radiation Protection 122: Practical use of the concepts of clearance and exemption, Part 1. Report RP122 Luxembourg. European Commission.

M14 1936 c. 49.

M15 OJ No L 346, 31.12.2003, p 57.

M16 S.I. 1999/3232.

M17 1936 c. 49.

M18 1991 c. 56; the definition of public sewer was amended by the Water Act 2003 (c. 37).

M19 1965 c.57, as relevantly amended by S.I. 1974/2056 and 1990/1918, Schedule 1, paragraph 1.

M20 For the meaning of “+” and “sec” in this Part see paragraph 34.

M21 NRPB- R306 - Exempt Concentrations and Quantities for Radionuclides not Included in the European Basic Safety Standards Directive (April 1999), ISBN 0-85951-429-3.

M22 The concentrations in this table were calculated using methods adopted by the Health Protection Agency in their document HPA-CRCE-005 - Derivation of Liquid Exclusion or Exemption Levels to Support the RSA93 Exemption Order Review, published in August 2010 (ISBN 0-978-85951-673-0).

M23 1991 c. 57.

M24 1991 c. 60.

M25 S.I. 2011/988.

M26 1974 c. 40.

Regulation 16

SCHEDULE 2 E+W+S Consequential amendments

PART 1 E+W+S Public General Acts

Continental Shelf Act 1964 E+W+S

Control of Pollution Act 1974 E+W+S

PART 2 E+W+S Subordinate legislation

The Civil Jurisdiction (Offshore Activities) Order 1987 E+W+S

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 E+W+S

The Hazardous Waste (England and Wales) Regulations 2005 E+W+S

The Hazardous Waste (Wales) Regulations 2005 E+W+S

The Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007 E+W+S

The Waste (England and Wales) Regulations 2011 E+W+S

Regulation 18

SCHEDULE 3 E+W+S Exemption orders

Statutory Instrument Number	Citation
S.I. 1962/2645	The Radioactive Substances (Exhibitions) Exemption Order 1962
S.I. 1962/2646	The Radioactive Substances (Storage in Transit) Exemption Order 1962
S.I. 1962/2648	The Radioactive Substances (Phosphatic Substances, Rare Earths etc) Exemption Order 1962
S.I. 1962/2649	The Radioactive Substances (Lead) Exemption Order 1962
S.I. 1962/2710	The Radioactive Substances (Uranium and Thorium) Exemption Order 1962
S.I. 1962/2711	The Radioactive Substances (Prepared Uranium and Thorium Compounds) Exemption Order 1962
S.I. 1962/2712	The Radioactive Substances (Geological Specimens) Exemption Order 1962
S.I. 1963/1831	The Radioactive Substances (Waste Closed Sources) Exemption Order 1963
S.I. 1963/1832	The Radioactive Substances (Schools etc) Exemption Order 1963
S.I. 1963/1836	The Radioactive Substances (Precipitated Phosphate) Exemption Order 1963
S.I. 1967/1797	The Radioactive Substances (Electronic Valves) Exemption Order 1967
S.I. 1980/953	The Radioactive Substances (Smoke Detectors) Exemption Order 1980
S.I. 1985/1047	The Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985
S.I. 1985/1048	The Radioactive Substances (Luminous Articles) Exemption Order 1985
S.I. 1986/1002	The Radioactive Substances (Substances of Low Activity) Exemption Order 1986
S.I. 1990/2512	The Radioactive Substances (Hospitals) Exemption Order 1990
S.I. 1991/477	The Radioactive Substances (Smoke Detectors) Exemption (Amendment) Order 1991
S.I. 1992/647	The Radioactive Substances (Substances of Low Activity) Exemption (Amendment) Order 1992
S.I. 1995/2395	The Radioactive Substances (Hospitals) Exemption (Amendment) Order 1995
S.I. 2002/1177	The Radioactive Substances (Natural Gas) Exemption Order 2002
S.I. 2006/1500	The Radioactive Substances (Testing Instruments) Exemption (England and Wales) Order 2006

Explanatory Note