Legalize / United Kingdom / Statutory-Instrument

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

Type Statutory-Instrument

Publication 1991-03-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

The Secretary of State for the Environment as respects England, the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland in excercise of the powers under section 2 of the Environmental Protection Act 1990[^f00001] and all other powers enabling them in that behalf make the following Regulations:—

Citation, application and commencement

1

(1) These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.

(2) These Regulations shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.

Interpretation

2

In these Regulations—

“the Act” means the Environmental Protection Act 1990;

“background concentration” has the meaning given to that term in regulation 4(7);

“Part A process” means a process falling within a description set out in Schedule 1 hereto under the heading ‘Part A’ and “Part B process” means a process falling within a description so set out under the heading ‘Part B’; and

“particular matter” means grit, dust or fumes.

Prescribed Provisions

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(1) Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 hereto are hereby prescribed pursuant to section 2(1) of the Act as processes for the carrying on of which after the prescribed date an authorisation is required under section 6.

(2) Schedule 2 has effect for the interpretation of Schedule 1.

(3) In paragraph (1), the prescribed date means the appropriate date set out or determined in accordance with Schedule 3 except that, as respects the application of paragraph (bb) of Section 5.1, Part A, in Schedule 1, it means, subject to regulation 3 of the Environmental Protection (Prescribed Processes and Substances) (Amendment) (Hazardous Waste Incineration) Regulations 1998, 13th April 1998.

Exceptions

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(1) Subject to paragraph (6), a process shall not be taken to be a Part A process if it has the following characteristics, namely—

(i) that it cannot result in the release into the air of any substance prescribed by regulation 6(1) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant; and

(ii) that it cannot result in the release into water of any substance prescribed by regulation 6(2) except—

(a) in a concentration which is no greater than the background concentration; or

(b) in a quantity which does not, in any 12 month period, exceed the background quantity by more than the amount specified in relation to the description of substance in column 2 of Schedule 5; and

(iii) that it cannot result in the release into land of any substance prescribed by regulation 6(3) or there is no likelihood that it will result in the release into land of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant.

(2) Subject to paragraph (6), a process shall not be taken to be a Part B process unless it will, or there is a likelihood that it will, result in the release into the air of one or more substances prescribed by regulation 6(1) in a quantity greater than that mentioned in paragraph (1)(i) above.

(3) A process shall not be taken to fall within a description in Schedule 1 if it is carried on in a working museum to demonstrate an industrial process of historic interest or if it is carried on for educational purposes in a school as defined in section 114 of the Education Act 1944[^f00002] or, in Scotland, section 135(1) of the Education (Scotland) Act 1980[^f00003].

(4) The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to fall within a description in Schedule 1.

(4A) The running of an engine ... in order to test it before installation or in the course of its development shall not be taken to fall within a description in Schedule 1.

(4B) The use of a fume cupboard shall not be taken to fall within a description in Schedule 1 if it is used as a fume cupboard in a laboratory for research or testing, and it is not—

(a) a fume cupboard which is an industrial and continuous production process enclosure; or

(b) a fume cupboard in which substances or materials are manufactured.

In this paragraph, “fume cupboard” has the meaning given by the British Standard ‘Laboratory fume cupboards’ published by the British Standards Institution numbered BS7258: Part 1: 1990.

(5) A process shall not be taken to fall within a description in Schedule 1 if it is carried on as a domestic activity in connection with a private dwelling.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from the requirement for authorisation if the process may give rise to an offensive smell noticeable outside the premises where the process is carried on.

(7) In these Regulations—

“background concentration” means any concentration of the relevant substance which would be present in the release irrespective of any effect the process may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of the substance as is referred to in paragraph (8) below; and

“background quantity” means such quantity of the relevant substance as is referred to in paragraph (8) below.

(8) The concentration or, as the case may be, quantity mentioned in paragraph (7) above is such concentration or quantity as is present in—

(a) water supplied to the premises where the process is carried on;

(b) water abstracted for use in the process; and

Enforcement

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Prescribed substances: release into the air, water or land

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SCHEDULE 1 — DESCRIPTIONS OF PROCESSES

CHAPTER 1: Fuel production processes, combustion processes (including power generation) AND ASSOCIATED PROCESSES

Section 1.1 Gasification and associated processes

Reforming natural gas.

Refining natural gas if that process is related to another Part A process or is likely to involve the use in any 12 month period of 1000 tonnes or more of natural gas.

Odorising natural gas or liquified petroleum gas if that process is related to another Part A process.

Producing gas from coal, lignite, oil or other carbonaccous material or from mixtures thereof other than from sewage or the biological degradation of waste , unless carried on as part of a process which is a combustion process (whether or not that process falls within Section 1.3 of this Schedule).

Purifying or refining any product of any of the processes described in paragraphs (a), (b) or (c) or converting it into a different product.

In this Section, “carbonaceous material” includes such materials as charcoal, coke, peat and rubber.

Section 1.2 Carbonisation and associated processes

The pyrolysis, carbonisation, distillation, liquefaction, partial oxidation or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material (as defined in Section 1.1.) or mixtures thereof otherwise than with a view to gasification or making of charcoal.

The purification or refining of any of the products of a process mentioned in paragraph (a) or its conversion into a different product.

Nothing in paragraph (a) or (b) refers to the use of any substance as a fuel or its incineration as a waste or to any process for the treatment of sewage.

Section 1.3 Combustion processes

(a) Burning any fuel in a combustion appliance with a net rated thermal input of 50 megawatts or more;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) burning any of the following in an appliance with a net rated thermal input of 3 megawatts or more otherwise than as a process which is related to a Part B process—

(i) waste oil;

(ii) recovered oil;

(iii) any fuel manufactured from, or comprising, any other waste.

The following processes unless carried on in relation to and as part of any Part A process—

(a) burning any fuel in a boiler or furnace with a net rated thermal input of not less than 20 megawatts (but less than 50 megawatts);

(b) burning any fuel in a gas turbine or compression ignition engine with a net rated thermal input of not less than 20 megawatts (but less than 50 megawatts);

(c) burning as fuel, in an appliance with a net rated thermal input of less than 3 megawatts, waste oil or recovered oil;

(d) burning in an appliance with a net rated thermal input of less than 3 megawatts solid fuel which has been manufactured from waste by a process involving the application of heat;

(e) burning, in any appliance, fuel manufactured from, or including, waste (other than waste oil or recovered oil or such fuel as is mentioned in paragraph (d)) if the appliance has a net rated thermal input of less than 3 megawatts but at least 0.4 megawatts or is used together with (whether or not it is operated simultaneously with) other appliances which each have a net rated thermal input of less than 3 megawatts and the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.

In paragraph (c) of Part A and paragraph (e) of Part B, “fuel” does not include gas produced by biological degradation of waste; and for the purposes of this Section—

“net rated thermal input” is the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal; and

“waste oil” means any mineral based lubricating or industrial oil which has become unfit for the use for which it was intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil; and

“recovered oil” means waste oil which has been processed before being used.

Section 1.4 Petroleum processes

The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of—crude oil;stabilised crude petroleum;crude shale oil; if related to another process described in this paragraph, any associated gas or condensate.

...

Any process not falling within any other description in this Schedule by which the product of any process described in paragraph (a) ... above is subject to further refining or conversion or is used (otherwise than as a fuel or solvent) in the manufacture of a chemical.

CHAPTER 2: METAL PRODUCTION AND PROCESSING

Section 2.1 Iron and steel

Loading, unloading or otherwise handling or storing iron ore except in the course of mining operations.

Loading, unloading or otherwise handling or storing burnt pyrites.

Crushing, grading, grinding, screening, washing or drying iron ore or any mixture of iron ore and other materials.

Blending or mechanically mixing grades of iron ore or iron ore with other materials.

Pelletising, calcining, roasting or sintering iron ore or any mixture of iron ore and other materials.

Making, melting or refining iron, steel or any ferrous alloy in any furnace other than a furnace described in Part B of this Section.

Any process for the refining or making of iron, steel or any ferrous alloy in which air or oxygen or both are used unless related to a process described in Part B of this Section.

The desulphurisation of iron, steel or any ferrous alloy made by a process described in this Part of this Section.

Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), if related to another process described in this Part of this Section.

10.

Any foundry process (including ancillary foundry operations such as the manufacture and recovery of moulds, the reclamation of sand, fettling, grinding and shot-blasting) if related to another process described in this Part of this Section.

11.

...

12.

Handling slag in conjunction with a process described in paragraph (f) or (g).

13.

Any process for rolling iron, steel or any ferrous alloy carried on in relation to any process described in paragraph (f) or (g), and any process carried on in conjunction with such rolling involving the scarfing or cutting with oxygen of iron, steel or any ferrous alloy.

Nothing in paragraph (a) or (b) of this Part of this Section applies to the handling or storing of other minerals in association with the handling or storing of iron ore or burnt pyrites.

Making, melting or refining iron, steel or any ferrous alloy in—an electric arc furnace with a designed holding capacity of less than 7 tonnes; ora cupola , crucible furnace, reverberatory furnace , rotary furnace, induction furnace or resistance furnace.

Any process for the refining or making of iron, steel or any ferrous alloy in which air or oxygen or both are used, if related to a process described in this Part of this Section.

The desulphurisation of iron, steel or any ferrous alloy, if the process does not fall within paragraph (h) of Part A of this Section.

Any such process as is described in paragraph (i) of Part A above, if not falling within that paragraph ; but a process does not fall within this paragraph if— it is a process for heating iron, steel or any ferrous alloy in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts;it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; andit is not related to any other process described in this Part of this Section.

Any other process involving the casting of iron, steel or any ferrous alloy from deliveries of 50 tonnes or more at one time of molten metal.

Any description of a process in this Section includes, where the process produces slag, the crushing, screening or grading or other treatment of the slag if that process is related to the process in question.

Section 2.2 Non-ferrous metals

The extraction or recovery from any material—by chemical means or the use of heat of any non-ferrous metal or alloy of non-ferrous metal or any compound of a non-ferrous metal; orby electrolytic means, of aluminium,if the process may result in the release into the air of particulate matter or any metal, metalloid or any metal or metalloid compound or in the release into water of a substance described in Schedule 5 and does not fall within paragraph (b) of Part B of this Section.In this paragraph “material” includes ores, scrap and other waste.

The mining of zinc or tin where the process may result in the release into water of cadmium or any compound of cadmium.

The refining of any non-ferrous metal (other than the electrolytic refining of copper) or non-ferrous metal alloy except where the process is related to a process falling within a description in paragraph (a), (c) or (d) of Part B of this Section.

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