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Regulation 35(b)
1. This Schedule applies in relation to every Part B installation and Part B mobile plant.
2. When interpreting the IPPC 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)“installation” means “Part B installation or Part B mobile plant”;
(c)“permit” means “environmental permit”;
(d)a reference to “emission limit values” must be read as a reference to those values which are relevant to air pollution;
(e)the competent authority is the regulator[F1; and
(f)“substance” must be read as including, after the words “its compounds” in Article 2(1) of that Directive, the words “any biological entity or micro-organism”].
Textual Amendments
F1Sch. 8 para. 2(f) and preceding word added (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(2)
3. The regulator must exercise its functions under these Regulations for the purpose of preventing or, where that is not practicable, reducing emissions into the air.
4.—(1) The regulator must ensure that every application for an environmental permit includes the information specified in Article 6(1) of the IPPC Directive.
(2) But, when interpreting Article 6(1), the regulator must—
(a)ignore [F2points (b), (d) and (g)];
(b)ignore [F3points (c) and (e)] to the extent that a Part B installation carries on dry cleaning;
(c)in [F4point (e)], the reference to “each medium” must be read as a reference to “air”;
(d)ignore [F5point (f)] to the extent that a Part B installation carries on the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts;
(e)in [F6point (h)], read the reference to “Article 3” as a reference to “[F7Article 3(1)(a) and (1)(b)]”.
(3) In this paragraph “dry cleaning” has the meaning given in Part B of Section 7 of Part 2 of Schedule 1.
Textual Amendments
F2Words in Sch. 8 para. 4(2)(a) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(a)
F3Words in Sch. 8 para. 4(2)(b) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(b)
F4Words in Sch. 8 para. 4(2)(c) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(c)
F5Words in Sch. 8 para. 4(2)(d) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(d)
F6Words in Sch. 8 para. 4(2)(e) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(e)(i)
F7Words in Sch. 8 para. 4(2)(e) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(3)(e)(ii)
5.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the IPPC Directive—
(a)[F8Article 3(1)(a) and (1)(b)];
(b)Article 9(1) to (4);
(c)Article 10;
(d)Article 12;
(e)[F9Article 19(2)].
(2) But when interpreting the IPPC Directive for the purposes of this paragraph, the regulator must—
(a)in Article 3 [F10(l)], ignore the words “provide that the competent authorities”;
(b)in Article 9(1) read—
(i)the reference to “Article 3” as a reference to “[F11Article 3(1)(a) and (1)(b)]”, and
(ii)the words from “in order” to the end of the Article as “for the purpose of preventing or, where that is not practicable, reducing emissions into the air.”;
(c)in Article 9(3), ignore the words “and their potential to transfer pollution from one medium to another (water, air and land)”;
(d)in Article 9(4)—
(i)in the case of Part B mobile plant, ignore the words “its geographical location and the local environmental conditions”, and
(ii)ignore the last sentence;
(e)in the case of Part B mobile plant, ignore Article 12;
(f)in Annex III, ignore the section headed “WATER”.
Textual Amendments
F8Words in Sch. 8 para. 5(1)(a) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(4)(a)
F9Words in Sch. 8 para. 5(1)(e) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(4)(b)
F10Word in Sch. 8 para. 5(2)(a) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(5)(a)
F11Words in Sch. 8 para. 5(2)(b)(i) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(5)(b)
6. The regulator must review an environmental permit if any of the circumstances in Article 13(2) of the IPPC Directive apply in relation to the Part B installation or Part B mobile plant it authorises.
7.—(1) The regulator must follow developments in best available techniques.
(2) In this paragraph, “best available techniques” has the meaning given in [F12Article 2(12)] of the IPPC Directive, save that the reference to “Annex IV” in that Article must be read as a reference to “paragraphs 4 to 8 of Annex IV”.
Textual Amendments
F12Words in Sch. 8 para. 7(2) substituted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 23(6)
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