Memorandum by the Department of the Environment,
Transport and the Regions
Pollution Prevention and Control (England
and Wales) (Amendment)
Regulations 2001 (S.I. 2001/503)
1. The Committee has requested a memorandum on the
The explanatory note to this
instrument states that regulation 2(2) provides for certain activities
listed in Part 1 of Schedule 1 to the 2000 Regulations to be moved
from one Section or Part of a Section to another section or part
of a section. Explain the point and substance of these amendments
and of those made by regulation 2(3), and why this is not made
clear in the Explanatory Note (see paragraph 2.74) of Statutory
2. The effect of the amendment made by regulation
2(2)(a)(i) is that the activity of 'grinding cement clinker' (where
that activity is carried out separately from the production of
cement clinker) becomes a Part A(2) activity for the purposes
of the Pollution Prevention and Control (England and Wales) Regulations
2000 (S.I. 2000/1973) ("the 2000 Regulations").
The activity was previously a Part A(1) activity. This change
means that the regulatory functions conferred or imposed by the
2000 Regulations on the Environment Agency become functions of
the relevant local authority. This change does not affect the
measures which must be taken by the operator of the plant to protect
3. The amendments made by the remainder of regulation
2(2) have the effect that the following activities (which were
Part B activities under the 2000 Regulations) become Part A(2)
Grinding of metallurgical
slag (regulation 2(2)(a)(ii))previously, this activity
fell within paragraph (a) of Part B of section 3.5 of Schedule
1. (Where this activity is undertaken as part of an activity listed
in Part A(1) of Section 2.1 or 2.2 of Schedule 1, its status as
a part A(1) activity is unaffected by these Regulations.
Manufacture of cellulose fibre reinforced calcium
silicate board using unbleached pulp (regulation 2(2)(b))previously,
this activity fell within Part B of Section 6.6; and
Manufacturing new tyres in large plant using natural
rubber, synthetic organic elastomers or other substances mixed
with them (regulation 2(2)(e))previously, this activity
fell within Part B of Section 6.7.
4. These remaining amendments change the regulatory
regime which applies to the relevant activities (but do not change
the regulator, which in each case remains the relevant local authority).
The significant effects of the changes are as follows:
(a) The functions conferred
or imposed on the regulator are exercisable "for the purpose
of achieving a high level of protection of the environment taken
as a whole by, in particular, preventing or, where that is not
practicable, reducing emissions into the air, water and land"
(as opposed simply to preventing/reducing emissions into the air)
(see regulation 8(3) of the 2000 Regulations).
(b) When determining
the conditions of a permit, the regulator must take account of
the additional general principles set out in regulation 11(3)
of the 2000 Regulations which are designed to ensure that
(i) the plant is
operated in such a way that
- the production of waste is minimised, and any
waste produced is recovered, or disposed of in a way which minimises
its environmental impact;
- energy is used efficiently;
- accidents are avoided and their consequences
(ii) when the activities
are finally ended, steps are taken to ensure that pollution risks
are avoided and the site is returned to a satisfactory state.
(c) The conditions to
be included in a permit may be different, under regulation 12(1)(b)
and (c) of the 2000 Regulations.
5. Regulation 2(3) sets out the relevant periods
for the purposes of paragraph 2(1) of Part I of Schedule 3 to
the 2000 Regulations for any existing installation or mobile plant
where one of the activities set out in paragraph 3 above is carried
out. Regulation 9(1) of the 2000 Regulations provides that such
an installation or mobile plant may only be operated after the
prescribed date under and to the extent authorised by a permit.
Regulation 9(2) provides that the prescribed dates are those which
appear in Schedule 3. Paragraph 2(1) of that Schedule provides
that for existing installations or mobile plant, the prescribed
- where an application for a permit is duly made
within the relevant period, the date of determination of the application;
- where no such application is made, the date after
the date on which the relevant period expires.
Thus, the effect of regulation 2(3) is in essence
to specify the dates between which applications for permits for
existing installations must be made.
6. These Regulations were the subject of two separate
consultations last year. The Department understands that the number
of installations in England and Wales carrying out the activities
affected by the instrument is less than 20 in total. In the case
of all sectors involved, the relevant trade association (or, in
the case of specific board manufacturing, an individual firm)
made the case for transfer.
7. In these circumstances, the Department considered
that the level of detail given in the Explanatory Note was sufficient.
However, it will bear in mind the Committee's views when Explanatory
Notes are prepared in future for instruments which amend the 2000
4 April 2001