The Alkali, & c. Works Order (Northern Ireland) 1991

Made: 15th February 1991

Coming into operation: 1st April 1991

The Department of the Environment, in exercise of the powers conferred on it by Article 25(9) of the Clean Air (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Alkali, and c. Works Order (Northern Ireland) 1991 and shall come into operation on 1st April 1991.

Interpretation

2

In this Order, “the Alkali Act”means the Alkali, and c. Works Regulation Act 1906[^f00002] as amended by the Alkali, and c. Works Order (Northern Ireland) 1987[^f00003] .

Noxious and offensive gases

3

For the list of noxious or offensive gases mentioned in section 27 of the Alkali Act there shall be substituted the list set out in Schedule 1.

Works

4

For the list of works mentioned in the First Schedule to the Alkali Act there shall be substituted the list of works set out in Schedule 2.

Revocation

5

The Alkali, and c. Works Order (Northern Ireland) 1987 is hereby revoked.

SCHEDULE 1 — List of Noxious or Offensive Gases in substitution for that contained in Section 27 of the Alkali Act

The expression “noxious or offensive gas”includes the following gases and fumes—

• Acetic acid or its anhydride

• Acetylene

• Acrylates

• Acrylic acid

• Aldehydes

• Amines

• Ammonia or its compounds

• Arsenic or its compounds

• Bromine or its compounds

• Carbon dioxide

• Carbon disulphide

• Carbon monoxide

• Chlorine or its compounds

• Cyanogen or its compounds

• Di-isocyanates

• Ethylene and higher olefines

• Fluorine or its compounds

• Fumaric acid

• Fumes containing aluminium, antimony, arsenic, asbestos, beryllium, cadmium, calcium, chlorine, chromium, copper, gallium, glass fibres, iron, lead, magnesium manganese, mercury, mineral fibres, molybdenum, nickel, phosphorus, platinum, potassium, selenium, silicon, silver, sodium, sulphur, tellurium, thallium, tin, titanium, tungsten, uranium, vanadium, zinc or their compounds

• Fumes from benzene works, paraffin oil works, petrochemical works, petroleum works, tar works or bitumen works

• Hydrocarbons

• Hydrogen sulphide

• Iodine or its compounds

• Isocyanates

• Lead or its compounds

• Maleic acid or its anhydride

• Mercury or its compounds

• Metal carbonyls

• Muriatic acid (Hydrogen chloride)

• Nitric acid or oxides of nitrogen

• Nitriles

• Phenols

• Phosphorus or its compounds

• Phthalic acid or its anhydride

• Products containing hydrogen from the partial oxidation of hydrocarbons

• Pyridine or its homologues

• Styrene

• Sulphuric acid or sulphur trioxide

• Sulphurous acid or sulphur dioxide

• Vinyl chloride

• Volatile organic sulphur compounds.

SCHEDULE 2 — List of Works in substitution for that contained in the First Schedule to the Alkali Act

LIST OF WORKS

Signed

Sealed with the Official Seal of the Department of the Environment on

R. W. Rogers — Assistant Secretary — 15th February 1991.

Explanatory note

(This note is not part of the Order.)

The discharge of certain noxious or offensive gases from certain types of works is subject to control under the Alkali, and c. Works Regulation Act 1906 (“the Act of 1906”). Article 25(9) of the Clean Air (Northern Ireland) Order 1981 empowers the Department to make orders amending or extending both the list of gases and the list of works in the Act of 1906. The existing list of such gases is set out in section 27(1) of that Act, as extended and amended by the Alkali, and c. Works Order (Northern Ireland) 1987, and the existing list of works is set out in the First Schedule to that Act, also as extended and amended by that order. This order further extends and amends both these lists, and revokes the order of 1987.

By virtue of Article 3 and Schedule 1 acrylic acid, glass fibres, isocyanates, mineral fibres, phenols, phosphorus or its compounds, styrene, and fumes containing asbestos, gallium, nickel, platinum, silver, sulphur, tellurium, thallium or tin have been added to the list of noxious or offensive gases for the purposes of section 27(1) of the Act of 1906.

Schedule 2 extends the classes of premises from which emissions into the atmosphere may be controlled under the Act of 1906 to include premises on which certain asbestos works, large combustion works, electricity works above a specified capacity, fibre works, glass works, large paper pulp works and large general purpose incinerators (including those owned and operated by public authorities) are carried on.

This order takes account of Council Directive 84/360/EEC (O.J. No. L188, 16.7.84, p. 20) on the combating of air pollution from industrial plants and Council Directive 87/217/EEC (O.J. No. L85, 28.3.87, p. 40) on the prevention and reduction of environmental pollution by asbestos, and makes certain other provisions for the control of air pollution. Plants belonging to the categories listed in Annex I to Council Directive 84/360/EEC, and certain other plants, which were not previously subject to air pollution control under the provisions of the Act of 1906, are by this order made subject to such control.

Copies of the relevant Directives and of extracts from the Official Journal of the European Communities may be obtained from Her Majesty’s Stationery Office, 80 Chichester Street, Belfast BT1 4JY.

Footnotes

[^f00001]: S.I. 1981/158 (N.I. 4)

[^f00002]: 1906 c. 14

[^f00003]: S.R. 1987 No. 123

[^f00004]: 1965 c. 57

[^f00005]: 1969 c. 18