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The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

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Part 2 of Schedule 1 (activities)

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12.—(1) Part 2 of Schedule 1 to the principal Regulations is amended as follows.

(2) In Section 1.1 (combustion activities)—

(a)for paragraph 1 substitute—

1.  In this Section—

“anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

(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; and

“recovered oil” means waste oil which has been processed but which has not ceased to be waste.;

(b)in Part A(1), for paragraph 5 substitute—

5.  In Part A(1)(b)(iii) of this Section, “fuel” excludes—

(a)gas produced by biological degradation of waste in a landfill that is not listed in Part 2 of this Schedule,

(b)gas produced as a result of the anaerobic digestion of biodegradable waste, and

(c)fuel which has ceased to be waste.;

(c)in Part A(1), after paragraph 5 insert—

6.  Nothing in this Part of this Section applies to burning fuels in an appliance installed on a storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001(1).; and

(d)in Part B, for paragraph 2 substitute—

2.  In Part B(b)(iii), (c) or (d) of this Section—

“fuel” excludes—

(a)

gas produced by biological degradation of waste, and

(b)

fuel which has ceased to be waste..

(3) In Section 1.2 (gasification, liquefaction and refining activities), in Part A(1)—

(a)for paragraph (e) substitute—

(e)Producing gas from oil or other carbonaceous material or from mixtures of oil and other carbonaceous material, unless the production is carried on as part of an activity which is a combustion activity (whether or not that combustion activity is described in Section 1.1), or the gas is produced as a result of—

(i)the anaerobic digestion of biodegradable material, none of which is waste, or

(ii)the anaerobic digestion of biodegradable waste in an installation with a waste treatment capacity not exceeding 100 tonnes per day.;

(b)in paragraph 1, for sub-paragraph (c) substitute—

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

(d)the anaerobic digestion of biodegradable material, none of which is waste; or

(e)the anaerobic digestion of biodegradable waste in an installation with a waste treatment capacity not exceeding 100 tonnes per day.; and

(c)for paragraph 3 substitute—

3.  In Part A(1)—

“anaerobic digestion” means the mesophilic and thermophilic biological decomposition and stabilisation of biodegradable materials which—

(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; and

“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..

(4) In section 7 (SED activities), in paragraph 1, for the definition of “the Motor Vehicle Directive” substitute—

“the Motor Vehicle Directive” means Directive 2007/46/EC of the European Parliament and of the Council(2) establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;.

(1)

S.I. 2001/1091, amended by S.I. 2010/1513. There are other amending instruments but none is relevant.

(2)

OJ No L 263, 9.10.2007, p 1.

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