2010 No. 2172
Environmental Protection, England And Wales

The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010

Made
Laid before Parliament
Laid before the National Assembly for Wales 
Coming into force
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 19991. 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 consulted2—
(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.

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

Citation and commencement1.

(1)

These Regulations—

(a)

may be cited as the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2010; and

(b)

come into force on 1st October 2010.

Amendment of Part 2 of Schedule 12.

(1)

Part 2 of Schedule 1 (activities) to the Environmental Permitting (England and Wales) Regulations 20103 is amended as follows.

(2)

In Section 2.2 (non-ferrous metals) in Part A(2), for paragraph (a), substitute—

“(a)

Melting, including making alloys, of non-ferrous metals, including recovered products (such as refining or foundry casting) where the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and

(i)

no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes; or

(ii)

the plant uses a vacuum furnace of any design holding capacity.”.

(3)

In Section 6.5 (manufacture of dyestuffs, printing ink and coating materials), in Part B(a)(ii), after “coating material” insert—

“where the process uses lead chromate or triglycidyl isocyanurate and”.

(4)

In Section 6.8 (treatment of animal and vegetable matter and food industries), in paragraph 1—

(a)

in the definition of “excluded activity”, at the end of paragraph (n) add—

“,

(o)

the drying of green crops”;

(b)

after the definition of “food” insert—

““green crops” means alfalfa (Lucerne), clover, grass, perennial ryegrass, tall fescue and other similar crops;”.

Henley
Parliamentary under Secretary of State
Department for Environment, Food and Rural Affairs
Jane Davidson
Minister for Environment, Sustainability and Housing
one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)(“the EP Regulations”). They make certain amendments to the EP Regulations relating to the activities listed in Schedule 1 that require an environmental permit. Regulation 2(1) to (4) amends Part 2 of Schedule 1 to the EP Regulations by making amendments to the regulation of certain activities involving the melting of non-ferrous metals, the manufacture of powder coating materials which do not use lead chromate or triglycidyl isocyanurate and adding the drying of green crops to the list of activities excluded from regulation.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London, SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website (www.opsi.gov.uk).