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The Environmental Permitting (England and Wales) (Amendment) Regulations 2013

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Regulation 2 (interpretation: general)

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4.—(1) Regulation 2(1) of the principal Regulations is amended in accordance with paragraphs (2) to (14).

(2) Omit the definition of “directly associated activity”.

(3) In the definition of “emission”—

(a)for paragraph (c) substitute—

(c)in relation to a solvent emission activity, the direct or indirect release of substances from individual or diffuse sources in the regulated facility into the air;;

(b)omit “and” immediately preceding paragraph (g) and at the end insert—

,

(h)in relation to a small waste incineration plant, the direct or indirect release of substances from individual or diffuse sources in the regulated facility to air or water;.

(4) In the definition of “excluded waste operation”(1) omit “Part A mobile plant or”.

(5) After the definition of “exemption registration authority”, insert—

“existing installation” means an installation carrying on a Part A activity—

(a)

which is in operation on or before 7th January 2013, or

(b)

in respect of which a duly made application for an environmental permit is submitted before 7th January 2013 and which commences operation on or before 7th January 2014,

provided that an environmental permit has been granted in respect of such operation;..

(6) In the definition of “hazardous waste” for “except in Section 5.1 of Part 2 of Schedule 1” substitute “subject to paragraph (6)”.

(7) In the definition of “mobile plant” omit paragraph (a).

(8) In the definition of “non-hazardous waste” for “except in Section 5.1 of Part 2 of Schedule 1” substitute “subject to paragraph (6)”.

(9) For the definition of “Part A mobile plant”, “Part A(1) mobile plant”, “Part A(2) mobile plant” and “Part B mobile plant” substitute—

“Part B mobile plant” has the meaning given in paragraph 1 of Part 1 of Schedule 1;.

(10) Omit the definitions of “SED activity” and “SED installation”.

(11) After the definition of “sewer” insert—

“small waste incineration plant” means a waste incineration plant or waste co-incineration plant with a capacity less than or equal to 10 tonnes per day for hazardous waste or 3 tonnes per hour for non-hazardous waste;

“solvent emission activity” means an activity to which Chapter V of the Industrial Emissions Directive applies;.

(12) For the definition of “waste”(2) substitute—

“waste”, subject to paragraph (5) where it applies, and except where otherwise defined—

(a)

in relation to Chapter 5 of Part 2 of Schedule 1, Schedule 13 or 13A, Schedule 14, Schedule 15 or 15A, or Schedule 17 or 17A, means anything that—

(i)

is waste within the meaning of Article 3(1) of the Waste Framework Directive; and

(ii)

is not excluded from the scope of that Directive by Article 2(1)(d) of that Directive;

(b)

in any other case means anything that—

(i)

is waste within the meaning of Article 3(1) of the Waste Framework Directive; and

(ii)

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;.

(13) After the definition of “waste battery or accumulator” insert—

“waste co-incineration plant” means a stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;

“waste incineration plant” means a stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated;.

(14) In the definition of “waste mobile plant”, in paragraph (c) omit “, Part A mobile plant”.

(15) After paragraph (5) of regulation 2 insert—

(6) In relation to an activity that falls within Chapter 5 of Part 2 of Schedule 1 or Schedule 13 or 13A, hazardous waste means waste which displays any of the characteristics listed in Annex III to the Waste Framework Directive..

(1)

As amended by S.I. 2011/811.

(2)

As amended by S.I. 2011/988.

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