Office of Public Sector Information

Regulation 35(j)

SCHEDULE 16 Provision in relation to asbestos

Application

1.  This Schedule applies in relation to every regulated facility.

Interpretation

2.—(1) In this Schedule, “the Asbestos Directive” means Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos(103).

(2) When interpreting the Asbestos Directive for the purposes of this Schedule—

(a) except where otherwise defined in this paragraph, an expression defined in Part 1 of these Regulations has the meaning given in that Part;

(b) the competent authority is the regulator;

(c) “waste” has the meaning given in the Asbestos Directive.

Exercise of relevant functions

3.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Asbestos Directive—

(a) Article 3;

(b) Article 4(1);

(c) Article 5;

(d) Article 6(1) and 6(2);

(e) Article 8.

(2) When interpreting the Asbestos Directive for the purposes of this paragraph, in Article 6(1), “regular intervals” means, for the purposes of a regulated facility to which Article 4 applies, intervals of not more than 6 months.

Regulation 35(k)

SCHEDULE 17 Provision in relation to titanium dioxide

Application

1.  This Schedule applies in relation to every regulated facility which carries on the chlorine process or the sulphate process.

Interpretation

2.—(1) In this Schedule—

“the Titanium Dioxide Directive” means Council Directive 92/112/EEC on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry(104); and

“chlorine process” and “sulphate process” have the same meanings as they have in Article 2 of the Titanium Dioxide Directive.

(2) When interpreting the Titanium Dioxide Directive for the purposes of this Schedule, an expression defined in Part 1 of these Regulations has the meaning given in that Part.

Exercise of relevant functions

3.  The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Titanium Dioxide Directive—

(a) Article 4;

(b) Article 6;

(c) Article 9;

(d) Article 10;

(e) Article 11.

Regulation 35(l)

SCHEDULE 18 Provision in relation to petrol vapour recovery

Application

1.  This Schedule applies in relation to every activity within sub-paragraphs (c) and (d) of Part B of Section 1.2 of Chapter 1 of Part 2 of Schedule 1.

Interpretation

2.  In this Schedule, “the Petrol Vapour Recovery Directive” means European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(105).

Exercise of relevant functions

3.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Petrol Vapour Recovery Directive—

(a) Article 3(1), first paragraph;

(b) Article 4(1), first and last paragraphs, and 4(3);

(c) Article 6(1), first paragraph.

(2) When interpreting the Petrol Vapour Recovery Directive for the purposes of this paragraph—

(a) in point 1 of Annex I, “special landscape areas which have been designated by national authority” includes the Broads, the New Forest and any National Park or Area of Outstanding Natural Beauty; and

(b) ignore points 2.3, 3.2 and 3.5 of Annex IV.

Regulation 46(1)

SCHEDULE 19 Public registers

Matters to be included in a public register

1.—(1) A public register must contain a copy of—

(a) every application—

(i) for the grant of an environmental permit,

(ii) to vary a environmental permit,

(iii) to transfer an environmental permit in whole or in part, or

(iv) to surrender an environmental permit in whole or in part;

(b) every notice requesting further information under paragraph 4(1) of Schedule 5,

(c) all representations made in respect of an application for an environmental permit or to vary an environmental permit;

(d) every environmental permit, variation, transfer in whole or in part, or surrender in whole or in part granted or made by the regulator;

(e) every determination or decision notified under paragraph 17(2)(a) of Schedule 5;

(f) every enforcement notice, revocation notice, suspension notice, landfill closure notice or notice withdrawing such a notice served by the regulator;

(g) in relation to an appeal to an appropriate authority, every—

(i) notice of appeal,

(ii) document relating to the appeal,

(iii) representation made in respect of the appeal, and

(iv) determination of the authority, including any report accompanying that determination;

(h) all monitoring information obtained by the regulator—

(i) as a result of its own monitoring,

(ii) by virtue of any environmental permit condition, or

(iii) under regulation 60;

(i) all other information given to the regulator in compliance with—

(i) an environmental permit condition,

(ii) an enforcement notice,

(iii) a suspension notice,

(iv) a landfill closure notice, or

(v) regulation 60;

(j) every report published by the regulator relating to an assessment of the environmental consequences of the operation of an installation;

(k) every direction given to the regulator by an appropriate authority under these Regulations, other than a direction given under regulation 47.

(2) A public register must also contain—

(a) details of any conviction or formal caution for an offence under regulation 38 in respect of an environmental permit granted by the regulator or a failure to apply to the regulator for an environmental permit;

(b) a list identifying all waste incineration installations which—

(i) have a capacity of less than 2 tonnes per hour, and

(ii) are the subject of an environmental permit containing conditions which give effect to the Waste Incineration Directive; and

(c) details of—

(i) all fees and charges paid to the local authority pursuant to a scheme under regulation 65, and

(ii) the total expenditure of the authority in exercising its functions under these Regulations in respect of permits granted by the authority.

(3) The regulator may omit a representation referred to in sub-paragraph (1) from its public register at the request of the person making the representation, but it must then include in the public register a statement that a representation was made and was the subject of such a request.

(4) If the regulator omits monitoring information referred to in sub-paragraph (1) from its public register on the grounds that it is commercially or industrially confidential the regulator must include in the public register a statement indicating whether or not there has been compliance with any environmental permit condition related to that monitoring information and requiring compliance with emission limit values.

(5) In this paragraph, “waste incineration installation” has the meaning given in Schedule 13.

Information no longer relevant for public participation

2.  A regulator is not required to keep in its public register information which is no longer relevant for the purposes of public participation required under these Regulations.

Formal cautions

3.  A regulator must remove details of any formal caution from its public register 5 years after the caution was given.