Regulation 2(5)(b)
21—(1) Parts 1 and 2 of this Schedule apply to existing refuelling installations and new refuelling installations subject to the provisions of this Part.
(2) The prescribed date for a new refuelling installation is the relevant date.
(3) The prescribed date for an existing refuelling installation is—
(a) where an application for a permit to operate the existing refuelling installation is made by the relevant date, the determination date for that existing refuelling installation; or
(b) where no such application is made, the relevant date.
(4) Where an installation which is subject to a permit under these Regulations contains an existing refuelling installation, the operator shall not operate that installation after the prescribed dates except under and to the extent authorised by a variation of the conditions of that permit granted by the regulator under regulation 17.
(5) Paragraph 9 of Part 2 of this Schedule shall not apply to an existing Part C installation or mobile plant which consists only of an existing refuelling installation.
(6) In this Part—
“existing refuelling installation” means an installation where an activity falling within paragraph (c) of Part C of Section 1.2 of Schedule 1 is carried out;
“determination date” has the same meaning as in paragraph 6 of Part 1 of Schedule 3;
“new refuelling installation” means an installation where an activity falling within paragraph (d) of Part C of Section 1.2 of Schedule 1 is carried out; and
“the relevant date” is 1st January 2010.”
(This note is not part of the Regulations)
These Regulations amend the Pollution Prevention and Control Regulations (Northern Ireland) 2003 (the “PPC Regulations”).
Regulation 2(2) amends Part A of Section 1.1 (Combustion Activities) of Part 1 of Schedule 1 to identify the circumstances in which fuel that comprises waste gases from landfill can be burnt by combustion appliances with an aggregated rated thermal input of 3 megawatts or more, but less than 50 megawatts, without requiring a combustion activity permit under the PPC Regulations.
Regulation 2(3) amends Part C of Section 1.2 (Gasification, Liquefaction and Refining Activities) of Part 1 of Schedule 1 to the PPC Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations. This meets a UK obligation arising from the UN Economic Committee for Europe Geneva Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution Concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes. This Protocol entered into force on 29 September 1997 following its adoption in November 1991. The Protocol can be seen on the UNECE website at http://www.unece.org.
Regulation 2(4) amends Section 5.1 (Incineration and Co-incineration of Waste) of Part 1 of Schedule 1 to the PPC Regulations by clarifying that incineration incidentally in the course of burning of landfill gas is not subject to permitting under the PPC Regulations.
Regulation 2(5) amends Schedule 3 (Prescribed Date and Transitional Arrangements) to exempt certain operators of coin operated dry cleaning machines who choose not to make an application for a permit before 31st October 2006 from the permit requirements of the Solvent Emissions Directive 1999/13/EC on the basis that they agree to cease carrying out operations that fall within the scope of that Directive at the installation before the 31st October 2007. It also inserts a new Part 5 to Schedule 3 relating to refuelling installations with regard to regulation 2(3).
A regulatory impact assessment in relation to these Regulations has been placed in the library of the Northern Ireland Assembly. A copy can be obtained from Environmental Policy Division, 20-24 Donegall Street, Belfast BT1 2GP.