uksi/2024/354
uksi/2024/354 — The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2024
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2024 No. 354
Environmental Protection, England And Wales
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2024
Made
12th March 2024
Laid before Parliament
13th March 2024
Laid before Senedd Cymru
13th March 2024
Coming into force
6th April 2024
The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make these Regulations in exercise of the powers conferred by section 2(1) to (3) of the Pollution Prevention and Control Act 1999 .
In accordance with section 2(4) of that Act , before making these Regulations, the Secretary of State and the Welsh Ministers have consulted—
the Environment Agency;
the Natural Resources Body for Wales;
such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they have considered appropriate; and
such other bodies or persons as they have considered appropriate.
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2024.
2
These Regulations come into force on 6th April 2024.
3
These Regulations—
a
extend to England and Wales; and
b
apply in England and Wales.
Amendment of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
2
1
The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 are amended as follows.
2
In regulation 4 (prohibition on holding irrespective of registration)—
a
in paragraph (3A)—
i
for “the fluids contain” substitute “it contains” ;
ii
in sub-paragraph (a), after “PCBs”, insert “within the fluids containing PCBs” ;
iii
in sub-paragraph (b), for “PCBs” substitute “fluids containing PCBs” ;
b
in paragraph (3C)—
i
for “the fluids contain” substitute “it contains” ;
ii
in sub-paragraph (a), after “PCBs”, insert “within the fluids containing PCBs” ;
iii
in sub-paragraph (b), for “PCBs” substitute “fluids containing PCBs” ;
c
in paragraph (4)(a), for “a total volume of”, substitute “to reduce the total volume of fluids containing PCBs to” .
3
In regulation 5 (labelling of contaminated equipment), in paragraph (3)—
a
omit “the fluids contain”;
b
in sub-paragraph (a), before “0.005%”, insert “within the equipment the fluids contain” ;
c
in sub-paragraph (b)—
i
before “a total volume”, insert “the equipment contains” ;
ii
before “PCBs”, insert “fluids containing” ;
d
for “<0.05dm3” substitute “<0.05dm3” ”.
Robbie Moore
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th March 2024
Lesley Griffiths
Minister for Rural Affairs and North Wales, and Trefnydd, one of the Welsh Ministers
12th March 2024
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 ( S.I. 2000/1043 ) (“ the 2000 Regulations ”) to correct errors in certain amendments made to those Regulations by the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020 ( S.I. 2020/489 ) (“ the 2020 Regulations ”).
Regulation 2(2) amends regulation 4 of the 2000 Regulations so that the references to PCBs in that regulation are to volumes of fluid containing PCBs and not to the volume of PCBs.
Regulation 2(3) makes a similar amendment to regulation 5(3) of the 2000 Regulations. Regulation 2(3)(d) makes a minor correction at the end of regulation 5(3).
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment has been produced for this instrument and is available from the Department for Environment, Food and Rural Affairs, Ground Floor, Seacole Building, 2 Marsham Street, London SW1P 4DF and is published with the Explanatory Memorandum alongside this instrument at www.legislation.gov.uk .
