The Environmental Permitting (England and Wales) Regulations 2016

SCHEDULE 25A — Medium Combustion Plants: Medium Combustion Plant Directive

PART 1 — General

Application

1

This Schedule applies—

• (a) in relation to every new medium combustion plant from 20th December 2018,

• (b) in relation to every existing medium combustion plant from the date specified in regulation 12(1A)(b) or (c), as appropriate.

Interpretation

2

• (1) In this Schedule—

• “existing medium combustion plant” means a medium combustion plant—put into operation before 20th December 2018, orfor which an environmental permit was granted before 19th December 2017, provided that the plant is put into operation no later than 20th December 2018;

• “the MCPD” means the Medium Combustion Plant Directive;

• “medium combustion plant” means a combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 megawatts, and any combination of combustion plants referred to in article 2(2) or article 4 of the MCPD, provided that—it does not fall within Article 2(3) or (4) of the MCPD,it is not installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,it is not installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;

• “new medium combustion plant” means a medium combustion plant which is not an existing medium combustion plant.

• (2) In sub-paragraph (1), “offshore platform” means any fixed or floating structure which—

• (a) is used for the purposes of or in connection with the production of petroleum, and

• (b) in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

• (3) In sub-paragraph (2), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for the grant of an environmental permit

3

• (1) The regulator must ensure that every application for the grant of an environmental permit—

• (a) includes the information specified in Annex I to the MCPD;

• (b) specifies which (if any) of paragraphs 7 to 11 of this Schedule is considered relevant to the application.

• (2) Subject to sub-paragraph (3), the regulator must start the procedure for determining an application for the grant of an environmental permit within one month of the operator providing the information referred to in paragraph (1) and must inform the operator of the start of the procedure.

• (3) Sub-paragraph (2) applies only when the operator has submitted a duly made application.

Exercise of relevant function

4

• (1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the MCPD—

• (a) Article 4;

• (b) Article 5(1) and (2);

• (c) Article 5(6);

• (d) Article 6(1);

• (e) Article 6(2);

• (f) Article 6(7);

• (g) Article 6(13);

• (h) Article 7 (except Article 7(8));

• (i) Article 8(2) and (3);

• (j) Article 9.

• (2) In exercising its relevant functions, the regulator must ensure that there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 3(1) of the Clean Air Act 1993.

• (3) In exercising its relevant functions so as to ensure compliance with Article 6(1), (2), (7) or (13) of the MCPD, the regulator must ensure that environmental permits include emission limit values set in accordance with the provisions of Part 2 of this Schedule.

PART 2 — Emission Limit Values

Interpretation of this Part

5

In this Part—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Annex I” means Annex I of the MCPD;

• “Annex II” means Annex II of the MCPD;

• “biomass”, “dust”, “emission limit value”, “micro isolated system”, “nitrogen oxides”, “operating hours”, and “small isolated system” ... have the respective meanings given in article 3 of the MCPD;any reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with the first paragraph of Annex II.

Emission limit values

6

• (1) Sub-paragraphs (2) to (4) apply, subject to paragraphs 7 to 11.

• (2) From 20th December 2018, emission limit values applicable to a new medium combustion plant, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Part 2 of Annex II (but with the modification that footnote (3) in Table 2 of that Part is to be read as if for “may be” there were substituted “are”).

• (3) From 1st January 2025, emission limit values applicable to an existing medium combustion plant with a rated thermal input greater than 5 megawatts, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Tables 2 and 3 of Part 1 of Annex II.

• (4) From 1st January 2030, emission limit values applicable to an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts, for emissions into the air of sulphur dioxide, nitrogen oxides and dust, are the corresponding emission limit values set out in Tables 1 and 3 of Part 1 of Annex II.

Limited operating hours – existing medium combustion plants

7

• (1) An existing medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of five years, is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

• (2) An existing medium combustion plant is not required to comply with the emission limit values set out in Tables 1, 2, and 3 of Part 1 of Annex II where it operates for no more than 1,000 operating hours per year, as a rolling average over a period of five years to—

• (a) provide backup power production in islands connected to an electricity transmission system or distribution system, in the event of an interruption of the main power supply to an island; or

• (b) produce heat in cases of exceptionally cold weather events,

provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

• (3) Subject to sub-paragraph (4), where an existing medium combustion plant firing solid fuels falls within sub-paragraph (1) or sub-paragraph (2), an emission limit value for dust of 200mg/Nm³ applies.

• (4) In the case of an existing medium combustion plant falling within sub-paragraph (2)(b), the emission limit value for dust in sub-paragraph (3) only applies during any period which has been notified by the appropriate authority to the regulator as an exceptionally cold weather event.

• (5) For the purposes of sub-paragraph (2)(a), “transmission system” and “distribution system” have the meanings given in section 4(4) of the Electricity Act 1989.

Limited operating hours - new medium combustion plants

8

• (1) A new medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of three years, is not required to comply with the emission limit values set out in Part 2 of Annex II, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex I.

• (2) Where a new medium combustion plant firing solid fuels falls within sub-paragraph (1), an emission limit value for dust of 100mg/Nm³ applies.

Small and micro isolated systems – existing medium combustion plants

9

Existing medium combustion plants which are part of a small isolated system or a micro isolated system are only required to comply with the emission limit values set out in Tables 1, 2 and 3 of Part 1 of Annex II from 1st January 2030.

Plant at gas compressor stations – existing medium combustion plants

10

An existing medium combustion plant—

• (a) with a rated thermal input greater than 5 megawatts; and

• (b) which is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system,

is only required to comply with the emission limit values for nitrogen oxides set out in Table 3 of Part 1 of Annex II from 1st January 2030.

Temporary derogations – existing and new medium combustion plants

11

• (1) This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6 because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

• (2) Where sub-paragraph (1) applies, the regulator may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, as the operator satisfies the regulator is justified under the circumstances.

• (3) This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

• (a) the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and

• (b) as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.

• (4) Where sub-paragraph (3) applies, the regulator may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—

• (a) for a maximum of 10 days; or

• (b) for such longer period as the operator satisfies the regulator is justified under the circumstances.

• (5) Where the regulator grants a derogation under sub-paragraph (2) or (4), the regulator must inform the appropriate authority immediately.

SCHEDULE 25B — Specified generators

Application

1

This Schedule applies in relation to every specified generator from the permitting date.

Interpretation – specified generators

2

• (1) In this Schedule—

• “generator” means any combustion plant which is used for the purpose of generating electricity, but does not include any generator that is mobile unless it is connected to—an electricity transmission system or distribution system, orother apparatus, equipment or appliances at a site, and is performing a function that could be performed by a generator that is not mobile;

• “specified generator” means—a generator, other than an excluded generator, with a rated thermal input—more than or equal to 1 megawatt and less than 50 megawatts, orin the case of a generator used to meet a capacity agreement or an agreement to provide balancing services, less than 50 megawatts;where two or more generators falling with paragraph (a)(i) or (ii) are operated—on the same site,by the same operator, andfor the same purpose,those generators together, provided that the rated thermal input of those generators together is less than 50 megawatts; orwhere two or more generators, other than excluded generators—are operated as set out in paragraph (b)(i) to (iii), andtogether have a rated thermal input more than or equal to 1 megawatt and less than 50 megawatts, even if one or more of the generators has a rated thermal input of less than 1 megawatt,those generators together.

• (2) For the purposes of paragraph (1)—

• “excluded generator” means—generators subject to the provisions of Chapter II or Chapter III of the Industrial Emissions Directive,generators operating with a defined nuclear safety role under a nuclear site licence issued by the Office for Nuclear Regulation,back-up generators operated for the purpose of testing for no more than 50 hours per year,generators installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea,generators installed on a gas storage or unloading platform as defined in regulation 2 of the Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013;

• “mobile”, in relation to a generator, means designed to move or be moved whether on roads or other land.

• (3) In sub-paragraph (2), “offshore platform” means any fixed or floating structure which—

• (a) is used for the purposes of or in connection with the production of petroleum, and

• (b) in the case of a floating structure, is maintained on a station during the course of production,

but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.

• (4) In sub-paragraph (3), “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.

Interpretation – relevant dates and permitting dates

3

• (1) The “relevant date” in relation to a generator means—

• (a) 1st January 2019, in the case of a Tranche B generator;

• (b) 1st October 2019, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

• (i) has an emission of nitrogen oxides of equal to or greater than 500mg/Nm³, and

• (ii) operates for more than 50 hours per year;

• (c) 1st January 2025, in the case of a Tranche A generator with a rated thermal input greater than 5 megawatts which—

• (i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

• (ii) operates for less than or equal to 50 hours per year;

• (d) 1st January 2030, in the case of a Tranche A generator with a rated thermal input equal to or less than 5 megawatts.

• (2) The “permitting date”—

• (a) in relation to a specified generator falling within paragraph 2(1)(a), is the relevant date in relation to that specified generator;

• (b) in relation to a specified generator falling within paragraph 2(1)(b) or (c), is the earliest of the relevant dates in relation to the generators comprising that specified generator.

• (3) For the purposes of sub-paragraph (1)—

• “Tranche A generator” means a generator—with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts—which came into operation before 1st December 2016,which is the subject of a capacity agreement arising from the 2014 or 2015 capacity auctions (whether or not the generator came into operation before 1st December 2016), orfor which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2016;with a rated thermal input of less than 1 megawatt—which is the subject of a capacity agreement arising from the 2014, 2015 or 2016 capacity auctions (whether or not the generator came into operation before 1st December 2016),for which a Feed-in Tariff preliminary accreditation application was received by the Gas and Electricity Markets Authority before 1st December 2017; orwhich is the subject of an agreement to provide balancing services entered into before 31st October 2017,provided that a generator ceases to be a Tranche A generator if it is the subject of a capacity agreement, or an agreement for provision of balancing services, where that agreement is entered into after 31st October 2017 and remains in force after 31st December 2018;

• “Tranche B generator” means any generator which is not a Tranche A generator or an excluded generator (and includes a specified generator which has ceased to be a Tranche A generator).

• (4) For the purposes of sub-paragraph (1), in the case of a generator which is comprised in a specified generator falling within paragraph 2(1)(b) or (c), the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator.

Interpretation - general

4

In this Schedule—

• “back-up generator” means a generator operated for the sole purpose of maintaining power supply at a site during an on-site emergency;

• “balancing services” means any services procured by the transmission system operator in order to balance demand and supply, and to ensure the security and quality of electricity supply, across the national transmission system for Great Britain;

• “capacity agreement” has the meaning given in regulation 30 of the Electricity Capacity Regulations 2014;

• “capacity auction” means an auction under Part 4 of the Electricity Capacity Regulations 2014;

• “distribution system” has the meaning given in section 4(4) of the Electricity Act 1989;

• “emission limit value” means the maximum permissible quantity of a substance contained in the waste gases from a generator which may be discharged into the air during a given period;

• “Feed-in Tariff preliminary accreditation application” means an application for preliminary accreditation made under Part 3 of the Feed-in Tariffs Order 2012;

• “nitrogen oxides” means nitric oxide and nitrogen dioxide;

• “nuclear site licence” has the meaning given in section 1 of the Nuclear Installations Act 1965;

• “transmission system” has the meaning given in section 4(4) of the Electricity Act 1989;

• “transmission system operator” means the person operating the national transmission system for Great Britain;any reference to emissions expressed in mg/Nm³ is to those emissions defined in accordance with the first paragraph of Annex II of the Medium Combustion Plant Directive.

Environmental permit conditions: general

5

• (1) Subject to paragraph 6, the regulator must exercise its relevant functions in relation to specified generators so as to ensure that they are operated, from the permitting date, in such a way that—

• (a) there is compliance with an emission limit value for nitrogen oxides of 190mg/Nm³;

• (b) where secondary abatement is required to ensure compliance with the requirement in paragraph (a), the emission limit value for nitrogen oxides is met—

• (i) in the case of a Tranche A generator or a Tranche B generator which was, but has ceased to be, a Tranche A generator, within 20 minutes of the specified generator commencing operation, or

• (ii) in the case of any other Tranche B generator, within 10 minutes of the specified generator commencing operation,

and in every case emissions must be monitored at least every three years;

• (c) there is no persistent emission of dark smoke, where “dark smoke” has the meaning given in section 3(1) of the Clean Air Act 1993.

• (2) Where compliance with air quality aspects of an environmental quality standard requires stricter conditions for the operation of a specified generator, or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), from the permitting date the regulator must include additional or stricter measures in the permit to comply with those standards, including (if necessary) a stricter emission limit value than that specified in paragraph (1)(a).

• (3) In the case of a specified generator falling within paragraph 2(1)(b) or (c), the requirements of sub-paragraph (1) must be met by each generator comprising that specified generator only from the relevant date relating to that generator.

Exceptions to environmental permit conditions

6

• (1) Paragraph 5 does not apply in relation to a specified generator falling within paragraph 2(1)(a), or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), that is—

• (a) used at a site which it is not reasonably practicable to connect to the distribution system;

• (b) a back-up generator in respect of which, in the opinion of the regulator, the operator has demonstrated a genuine need to carry out routine testing for more than 50 hours per year.

• (2) Paragraph 5 does not apply—

• (a) until 1st January 2025 in relation to a Tranche A generator not falling within sub-paragraph (1)—

• (i) with a rated thermal input greater than 5 megawatts,

• (ii) with nitrogen oxide emissions of 500mg/Nm³ or greater, and

• (iii) that operates for more than 50 hours per year;

• (b) in relation to a Tranche A generator—

• (i) with a rated thermal input greater than 5 megawatts,

• (ii) with nitrogen oxide emissions of 500mg/Nm³ or greater,

• (iii) that operates for more than 50 hours per year, and

• (iv) that is operated only for the purpose of a capacity agreement entered into before 1st December 2016,

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

• (3) Where a generator falls within sub-paragraph (1) or (2), the regulator must exercise its functions from the relevant date to ensure that the operation of the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified—

• (a) in the case of a generator operated in England, in Schedule 2 to the Air Quality Standards Regulations 2010, and

• (b) in the case of a generator operated in Wales, in Schedule 1 to the Air Quality Standards (Wales) Regulations 2010.

• (4) Paragraph 5 does not apply in relation to a Tranche A generator—

• (a) with a rated thermal input greater than 5 megawatts which—

• (i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

• (ii) operates for no more than 50 hours per year; or

• (b) with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts,

where it is operated only for the purpose of a capacity agreement entered into before 1st December 2016, during the period in which that capacity agreement remains in force.

• (5) Paragraph 5 does not apply in relation to a Tranche A generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity agreement entered into before 31st January 2017, during the period in which that capacity agreement remains in force.

• (6) For the purposes of sub-paragraphs (2), (4) and (5), a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c) is deemed to have the total rated thermal input of all the generators comprised in that specified generator.

Dilution to reduce concentration of radioactivity

6A

For the purposes of paragraphs 4, 5 and 6, a substance or article is to be treated as having a concentration of radioactivity which exceeds the value referred to in paragraph 4(2), 5(c)(i) or 6(a), if a person has diluted the substance or article with the intention of ensuring that its concentration of radioactivity does not exceed that value.

Radionuclides with a short half-life

Radionuclides not of natural terrestrial or cosmic origin in background radioactivity

Contaminated substances or articles

Historic radium contamination

9A

A substance or article is not radioactive material or radioactive waste where the substance or article arises from the remediation of land contaminated by radium and—

• (a) the substance or article contains Ra-226 or its progeny;

• (b) in the absence of Ra-226 or its progeny, the substance or article would not otherwise be radioactive material or radioactive waste under this Schedule;

• (c) the contamination occurred prior to 13th May 2000; and

• (d) the concentration of Ra-226 or any of its progeny does not exceed the following values—

• (i) for a substance or article which is a solid or a substance which is a relevant liquid, 1 Bq/g;

• (ii) for a substance which is any other liquid, 1 Bq/1; or

• (iii) for a substance which is a gas, 0.01 Bq/m³.

Substances or articles after disposal

Interpretation: radioactive substances activity

Discharge of functions: mobile radioactive apparatus

Nuclear sites

Vehicles, vessels and aircraft

SECTION3 — Miscellaneous duties of the regulator

Inspection programmes

5

When establishing an inspection programme for the purposes of regulation 34(2) (periodic inspections of regulated facilities) in relation to radioactive substance activities, the regulator must take into account the potential magnitude and nature of the hazard associated with such activities, a general assessment of radiation protection issues in the activities, and the state of compliance with the requirements of these Regulations.

Inspection findings

6

Where a regulator makes an inspection of a regulated facility that is a radioactive substances activity, the regulator must—

• (a) record the findings of that inspection; and

• (b) communicate those findings to the operator of the regulated facility.

Radioactive waste: requirements to be imposed on permit holders

7

• (1) The regulator must require a person who holds an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) or (c) (accumulating waste) of Part 2 of this Schedule to—

• (a) achieve and maintain an optimal level of protection of members of the public;

• (b) accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

• (c) check the effectiveness and maintenance of equipment as referred to in paragraph (b) and ensure the regular calibration of measuring instruments; and

• (d) seek advice from a radioactive waste adviser in the performance of the tasks referred to in paragraphs (a), (b) and (c).

• (1A) Paragraph (1)(d) does not apply in relation to waste that is a sealed source.

• (2) In this paragraph—

• “radioactive waste adviser” means an individual, or group of individuals, with the knowledge, training and experience needed to give radioactive waste management and environmental radiation protection advice in relation to radioactive waste in order to ensure the effective protection of members of the public, and whose competence in that respect is recognised by the regulator;

• “sealed source” has the same meaning as in the Basic Safety Standards Directive.

Dilution of radioactive material and radioactive waste

8

In exercising its relevant functions in relation to a radioactive substances activity, the regulator must observe the requirements of Article 30(4) of the Basic Safety Standards Directive.

Monitoring of discharges

9

• (1) This paragraph applies where the regulator is exercising relevant functions in relation to a radioactive substances activity where there are radioactive discharges authorised by an environmental permit.

• (2) The regulator must impose appropriate environmental permit conditions concerning—

• (a) the monitoring, or the evaluation, of radioactive airborne or aqueous discharges into the environment; and

• (b) the reporting to the regulator of the results of such monitoring or evaluation.

• (3) For the purposes of sub-paragraph (2), where the regulator is exercising relevant functions in relation to a nuclear power station or nuclear reprocessing plant, the environmental permit conditions imposed must require the monitoring of radioactive discharges and reporting to the regulator of such information on radioactive discharges as the appropriate authority directs.

Exemption for disposing of gaseous NORM waste from oil and gas production

18A

A person is exempt from the requirement for an environmental permit to carry on the radioactive substances activity described in paragraph 11(2)(b) (disposing of waste) of Part 2 of this Schedule where the only radioactive waste disposed of is gaseous NORM waste released in the production of oil and gas.

Conditions in respect of NORM waste

Table 4A

25A

• (1) The Table 4A referred to in Sections 2, 5 and 6 of this Part is—

Radionuclide	Type 1 NORM concentration (Bq/g)	Type 1 NORM total activity for landfill (GBq/year)	Type 1 NORM total activity for incineration (MBq/year)	Type 2 NORM concentration (Bq/g)
U-238sec	5	50	100	10
U238+	5	50	100	10
U-234	5	50	100	10
Th-230	5	50	100	10
Ra-226+	5	50	100	10
Pb-210+	100	1000	100	200
Po-210	100	1000	100	200
U-235sec	5	50	100	10
U-235+	5	50	100	10
Pa-231	5	50	100	10
Ac-227+	5	50	100	10
Th-232sec	5	50	100	10
Th-232	5	50	100	10
Ra-228+	5	50	100	10
Th-228+	5	50	100	10

• (2) The summation rule in respect of columns 2 and 5 of Table 4A is the sum of the quotients A/B where—

• (a) “A” means the concentration of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

• (b) “B” means the concentration of that radionuclide specified in column 2 or 5 (as appropriate) of Table 4A.

• (3) The summation rule in respect of columns 3 and 4 of Table 4A is the sum of the quotients C/D where—

• (a) “C” means the quantity of each radionuclide listed in column 1 of Table 4A that is present in the substance or article; and

• (b) “D” means the quantity of that radionuclide specified in column 3 or 4 (as appropriate) of Table 4A.

Table 5

Table 6

Table 7

Interpretation of this Section

Table 8

Notches

Ladders, scaffold towers and other similar apparatus

PART 3 — Waste operations: management and technical competence conditions

Written management system conditions

1

• (1) An environmental permit which meets each of the following criteria is subject to conditions A and B—

• (a) the permit was granted before 6th April 2008;

• (b) the permit does not authorise a waste operation carried on at an installation or by means of a Part B mobile plant; and

• (c) the permit does not, immediately before 7th April 2019, contain a condition referring to a management system recorded in writing relating to risks relating to pollution.

• (2) Condition A is that the operator must manage and operate the waste operation in accordance with a system (a “written management system”), described in a document or documents, which identifies and minimises the risks of pollution arising from the waste operation, including (but not limited to) those—

• (a) arising from operations (including maintenance);

• (b) arising from an accident or other incident;

• (c) arising from a failure to comply with or from a contravention of the environmental permit in question;

• (d) identified following a complaint; or

• (e) arising from the closure of the operation.

• (3) Condition B is that the operator must—

• (a) from time to time, review the written management system and keep it up to date; and

• (b) keep a written record of—

• (i) activities carried out in accordance with the written management system; and

• (ii) any review or update under paragraph (a).

• (4) If the regulator varies an environmental permit which meets the criteria in paragraph (1) so as to include a condition referring to a management system recorded in writing relating to risks relating to pollution, this paragraph ceases to apply to that environmental permit.

Technical competence: notification condition

2

• (1) An environmental permit is subject to the condition in sub-paragraph (6) if it meets one or both of the following criteria.

• (2) The first criterion is that the permit authorises a waste operation which is not carried on at an installation or by means of a Part B mobile plant.

• (3) The second criterion is that the permit authorises a specified waste management activity.

• (4) Each of the following activities is a specified waste management activity—

• (a) the disposal of waste in a landfill falling within Section 5.2 of Part 2 of Schedule 1;

• (b) the disposal of hazardous waste falling within Section 5.3 of Part 2 of Schedule 1;

• (c) the recovery of hazardous waste falling within Part A(1)(a)(i), (ii), (iii), (iv), (v), (viii) or (x) of Section 5.3 of Part 2 of Schedule 1;

• (d) the disposal of non-hazardous waste falling within Part A(1)(a) of Section 5.4 of Part 2 of Schedule 1;

• (e) the recovery or a mix of recovery and disposal of non-hazardous waste falling within of Part A(1)(b) of Section 5.4 of Part 2 of Schedule 1;

• (f) the temporary or underground storage of hazardous waste falling within Section 5.6 of Part 2 of Schedule 1.

• (5) But an activity falling within sub-paragraph (4)(b) to (f) is not a specified waste management activity if that activity—

• (a) is carried on at the same installation as a Part A(1) activity not mentioned in sub-paragraph (4); and

• (b) is not the activity which constitutes the primary purpose for operating the installation.

• (6) The condition is that the operator must periodically give to the regulator—

• (a) information demonstrating the operator’s compliance with one of the following standards during the relevant period; or

• (b) if the operator did not comply with one of the following standards during the relevant period, information to that effect.

• (7) The first standard is the CIWM/WAMITAB Operator Competence Scheme, Version 9, September 2018, published by WAMITAB.

• (8) The second standard is the Competence Management System: Requirements, Version 4, April 2015, published by Energy and Utility Skills.

• (9) In sub-paragraph (6)—

• (a) the reference to giving information periodically is a reference to giving information in each quarterly or annual return (as the case may be) for giving information about waste acceptance or removal in accordance with the environmental permit in question;

• (b) “relevant period” means—

• (i) in relation to the first period, the period beginning with 7th April 2019 and ending with the end of the period to which the first return relates;

• (ii) in relation to each subsequent period, the quarter or year (as the case may be) to which the return relates.

• (10) The regulator may amend the form for giving information about waste acceptance or removal in accordance with an environmental permit so as to enable information to be given in accordance with this paragraph.

Recovery of central heating oil by filtration (T33)

33

• (1) The recovery of central heating oil by filtering relevant waste.

• (2) The table specifying relevant waste for the purpose of this paragraph is set out below.

Codes	Waste types
130701*	Central heating oil only

• (3) For the purpose of this paragraph, the specific conditions are that—

• (a) the total quantity of the waste treated over any 7 day period does not exceed 400 litres,

• (b) the waste is stored with secondary containment,

• (c) the treatment is carried on at a location with sealed drainage, and

• (d) the operation is for the purpose of reusing the waste.

Part 4 — Waste separately collected for preparing for re-use and recycling not to be incinerated

1

• (1) Every environmental permit which authorises a small waste incineration plant, a waste co-incineration plant, or a waste incineration plant is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

• (2) The condition is that the operator must not accept—

• (a) any waste paper, metal, plastic or glass in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or unsold textiles for incineration if that waste has been separately collected for the purpose of preparing for re-use or recycling; or

• (b) any waste for incineration that results from the treatment of waste referred to in paragraph (a), unless—

• (i) the relevant permit authorises the operator to accept that type of waste for incineration; and

• (ii) incineration of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

• (3) For the purposes of this paragraph—

• “cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

• “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres;

• “unsold” means an unused consumer product, in a factory, retail premises, wholesaler, warehouse or other premises, that has not been sold to a consumer or has been sold and returned by a consumer.

Waste separately collected for preparing for re-use and recycling not to be landfilled

5A

• (1) Every environmental permit which authorises a landfill is deemed to contain the following condition, unless such a condition to the same effect is included in the permit.

• (2) The condition is that the operator must not accept—

• (a) any waste paper, metal, plastic or glass for landfill if that waste has been separately collected for the purpose of preparing for re-use or recycling; or in Wales, any waste paper, card, cartons, metal, plastic, glass, food, small electrical and electronic equipment or textiles for landfill if that waste has been separately collected for the purposes of preparing for re-use or recycling;

• (aa) any waste wood; or

• (b) any waste for landfill that results from the treatment of waste referred to in paragraph (a), unless in Wales, any waste for landfill that results from the treatment of waste referred to in paragraph (a) or (aa) unless—

• (i) the relevant permit authorises the operator to accept that type of waste for landfill; and

• (ii) landfill of that waste delivers the best environmental outcome in accordance with regulation 12 of the Waste (England and Wales) Regulations 2011.

• (3) For the purposes of this paragraph—

• “cartons” means fibre-based composite packaging, being packaging material which is made of paperboard or paper fibres, laminated with low density polythene or polypropylene plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

• “electrical and electronic equipment” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current;

• “small electrical and electronic equipment” means electrical and electronic equipment falling within one of the categories of EEE listed in Schedule 3 to the Waste Electrical and Electronic Equipment Regulations 2013, excluding items with any external dimension of more than 50 centimetres.

Interpretation of the Landfill Directive for the exercise of relevant functions

Interpretation of the Decision Annex for the exercise of relevant functions: additional acceptance criteria in relating to monolithic waste

Closure of a landfill

Surrender applications

SCHEDULE 1A — Modification of the Directives

Modification of the Asbestos Directive

1

• (1) For the purposes of these Regulations, the Asbestos Directive is to be read in accordance with this paragraph.

• (2) When interpreting the Asbestos Directive for the purposes of these Regulations—

• (a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part, except for “waste” which has the meaning given in Article 2(5) of the Asbestos Directive read in accordance with sub-paragraph (3);

• (b) the competent authority is the regulator;

• (c) a reference to Member States is to be read as a reference to the regulator.

• (3) Article 2(5) is to be read as if for “Article 1 of Directive 75/442/EEC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

• (4) Article 3 is to be read as if paragraph 2 were omitted.

• (5) Article 5 is to be read as if, in the first paragraph, in point (a), in the first subparagraph, in the second indent, for “competent authorities of the Member States” there were substituted “ regulator ”.

• (6) Article 6 is to be read as if—

• (a) after paragraph 1 there were inserted—

(1A) In paragraph 1, “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.

• (b) paragraph 3 were omitted.

• (7) Article 8 is to be read as if, in the words before the first indent, the words from “Without” to “Accession,” were omitted.

• (8) The Annex is to be read as if, in Part B—

• (a) in Chapter 1, in paragraph 1, in the second subparagraph—

• (i) in the third sentence, for “controlling authority” there were substituted “ regulator ”;

• (ii) in the fourth sentence, for “a Member State” there were substituted “ the regulator ”;

• (b) in Chapter 2—

• (i) in the first paragraph, “subject to the provisions of Article 6(3) of the Directive,” were omitted;

• (ii) in the second paragraph, for the words from “using” to the end there were substituted “ in accordance with Article 7(6) of Directive 2009/148/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work ”;

• (iii) in the third paragraph—

• (aa) in point 1, for “controlling authority” there were substituted “ regulator ”;

• (bb) in point 8, for the words from “conform” to the end there were substituted “ be conducted in accordance with Article 7(6) of Directive 2009/148/EC ”.

Modification of the Basic Safety Standards Directive

2

• (1) For the purposes of these Regulations, the Basic Safety Standards Directive is to be read in accordance with this paragraph.

• (2) When interpreting the Basic Safety Standards Directive for the purposes of these Regulations, “radioactive waste” has the meaning given in paragraph 3 of Part 2 of Schedule 23.

• (3) Article 4 is to be read as if—

• (a) in points (11), (34), (43), (47) and (57), for “competent authority” there were substituted “ regulator ”;

• (b) point (79) were omitted;

• (c) in point (86), for “competent authority” in both places it occurs substitute “ regulator ”.

• (4) Article 12 is to be read as if, in paragraphs 1 and 2, for “Member States” there were substituted “ The appropriate authority ”.

• (5) Article 30(4) is to be read as if—

• (a) in the first sentence, for “Member States” there were substituted “ The regulator ”;

• (b) in the third sentence for “Competent Authority” there were substituted “ regulator ”.

• (6) Article 66 is to be read as if—

• (a) in paragraphs 1 and 2 , for “Member States” in each place it occurs there were substituted “ The regulator ”;

• (b) in paragraph 3, in the words before point (a), for “competent authority” there were substituted “ regulator ”.

• (7) Articles 85 to 87 are to be read as if—

• (a) for “Member States” in each place it occurs there were substituted “ The regulator ”;

• (b) in Articles 85(3) and 86(4), for “competent authority” there were substituted “ regulator ”.

• (8) Article 88 is to be read as if, in the words before point (a), for the words from “In addition” to “States” there were substituted “ The regulator ”.

• (9) Article 89 is to be read as if—

• (a) in the first paragraph—

• (i) in the words before point (a)—

• (aa) for “Member States” there were substituted “ The regulator ”;

• (bb) for “competent authority” there were substituted “ regulator ”;

• (ii) in point (b), for “Member States” there were substituted “ the appropriate authority ”;

• (b) in the second paragraph, for “competent authority” there were substituted “ regulator ”.

• (10) Article 90 is to be read as if—

• (a) in the heading, for “competent authority” there were substituted “ regulator ”;

• (b) in the first sentence, for “Member States shall ensure that the competent authority keeps” there were substituted “ The regulator must keep ”;

• (c) in the third sentence, for “competent authority” there were substituted “ regulator ”.

• (11) Article 91 is to be read as if for “Member States” in both places it occurs there were substituted “ The regulator ”.

• (12) Annex 7 is to be read as if—

• (a) in section 1, in the first sentence, for “competent authority” there were substituted “ regulator ”;

• (b) in section 2—

• (i) in points (c) and (d), “Community” were omitted;

• (ii) in point (e)—

• (aa) in the second sentence, for “Article 75” there were substituted “ regulation 7 of the Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018 ”;

• (bb) in the third sentence, for “competent authority” there were substituted “ regulator ”;

• (c) in section 3—

• (i) in point (d), for “Member States” there were substituted “ the appropriate authority ”;

• (ii) in point (e), in the first paragraph, in the fourth indent, in the third sentence, for “Member States” there were substituted “ The appropriate authority ”;

• (d) in Table A Part 1, in the final paragraph, for “competent authority” there were substituted “ appropriate authority ”.

• (13) Annex 14 is to be read as if, in the form, in the note, for “Community” there were substituted “ United Kingdom ”.

• (14) Annex 15 is to be read as if—

• (a) in point (b), for “Member States” there were substituted “ the regulator ”;

• (b) in points (d), (e) and (g), for “competent authority” in each place it occurs there were substituted “ regulator ”.

Modification of the Batteries Directive

3

• (1) For the purposes of these Regulations, the Batteries Directive is to be read in accordance with this paragraph.

• (2) Article 2(2)(a) is to be read as if for “Member States' essential security interests” there were substituted “ the essential security interests of the United Kingdom ”.

• (3) Article 3 is to be read as if—

• (a) in point (7), for “Article 1(1)(a) of Directive 2006/12/EC ” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”;

• (b) in point (9), for “Annex IIA to Directive 2006/12/EC” there were substituted “ Annex 1 to the Waste Framework Directive ”.

Modification of the End-of-Life Vehicles Directive

4

• (1) For the purposes of these Regulations, the End-of-Life Vehicles Directive is to be read in accordance with this paragraph.

• (2) When interpreting the End-of-Life Vehicles Directive for the purposes of these Regulations—

• (a) an expression used in the Directive that is defined in Part 1 of these Regulations has the meaning given in that Part;

• (b) a reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales.

• (3) Article 2 is to be read as if—

• (a) for paragraph 1 there were substituted—

(1) ‘vehicle’ means any motor vehicle; (1A) ‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

• (b) in paragraph 2, “within the meaning of Article 1(a) of Directive 75/442/EEC” were omitted;

• (c) paragraphs 8, 9 and 11 were omitted.

• (4) Article 4(2) is to be read as if points (b) and (c) were omitted.

• (5) Article 6 is to be read as if—

• (a) in paragraph 1, for “Directive 2008/98/EC of the European Parliament and of the Council” there were substituted “the Waste Framework Directive”;

• (b) in paragraph 3, in the words before point (a), for “establishment or undertaking” there were substituted “ operator ”.

• (6) In Annex 2, in the table, in table foot note (2a), for the words from “Directive 2006/95/EC ” to the end there were substituted “the second subparagraph of Article 1 of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits ,and for these purposes Annex 2 to Directive 2014/35/EU is to be read as if for “Member States participate” there were substituted “ United Kingdom participates ””.

• (7) In sub-paragraph (2)(b), “local authority” means—

• (a) in England outside Greater London—

• (i) a district council,

• (ii) a county council, or

• (iii) the Council of the Isles of Scilly;

• (b) in Greater London—

• (i) the council of a London borough,

• (ii) the Common Council of the City of London,

• (iii) the Sub-Treasurer of the Inner Temple, or

• (iv) the Under-Treasurer of the Middle Temple;

• (c) in Wales—

• (i) a county council, or

• (ii) a county borough council.

Modification of the Energy Efficiency Directive

5

• (1) For the purposes of these Regulations, the Energy Efficiency Directive is to be read in accordance with this paragraph.

• (2) Annex 1 is to be read as if—

• (a) in Part 1—

• (i) in point (a)(i) and (ii), for “Member States” there were substituted “ the appropriate authority ”;

• (ii) in point (b), in the third paragraph—

• (aa) “If Member States introduce” were omitted;

• (bb) for the words from “, such default values” to the end there were substituted “ must be used if they have been published by the appropriate authority ”;

• (iii) in points (d) and (e), for “Member States” there were substituted “ The appropriate authority ”;

• (b) in Part 2, the final paragraph were omitted.

• (3) Annex 2 is to be read as if—

• (a) in point (b), in the definition of “CHP Eη”, the final sentence were omitted;

• (b) in point (c)—

• (i) in the first paragraph, for “Member States may” there were substituted “ It is permissible to ”;

• (ii) in the second paragraph, in the definition of “Eη”, the final sentence were omitted;

• (c) in point (d)—

• (i) “Member States may use” were omitted;