The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

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

3

• (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

4

• (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

• (c) precipitation onto the premises on which the process is carried on.

Enforcement

5

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Prescribed substances: release into the air, water or land

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Section 1.2 Carbonisation and associated processes

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

CHAPTER 2: METAL PRODUCTION AND PROCESSING

Section 2.1 Iron and steel

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.

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

Section 2.3 Smelting processes

Smelting or calcining sulphides or sulphide ores, including regulus or mattes.

CHAPTER 3: MINERAL INDUSTRIES

Section 3.1 Cement and lime manufacture and associated processes

Section 3.2 Processes involving asbestos

The industrial finishing of any product mentioned in paragraph (b) of Part A of this Section if the process does not fall within that paragraph.

In this Section, “asbestos” means any of the following fibrous silicates—

• actinolite, amosite, anthophyllite, chrysolite, crocidolite and tremolite.

Section 3.3 Other mineral fibres

Manufacturing—

• (i) glass fibre;

• (ii) any fibre from any mineral other than asbestos.

Section 3.4 Other mineral processes

In this section—

• “coal” includes lignite;

• “designated mineral or mineral product” means—clay, sand and any other naturally occurring mineral other than coal or lignite;metallurgical slag;boiler or furnace ash produced from the burning of coal, coke or any other coal product;gypsum which is a by-product of any process; and

• “exempt location” means—any premises used for the sale of petroleum coke, coal, coke, or any coal product where the throughput of such substances at those premises in any 12 month period is in aggregate likely to be less than 10,000 tonnes; orany premises to which petroleum coke, coal, coke, or any coal product is supplied only for use there;

• “retail sale” means sale to the final consumer.

Nothing in this Section applies to any process carried on underground.

Section 3.5 Glass manufacture and production

The manufacture of glass frit or enamel frit and its use in any process where that process is related to its manufacture and the aggregate quantity of such substances manufactured in any 12 month period is likely to be 100 tonnes or more.

Section 3.6 Ceramic production

Firing heavy clay goods or refractory material in a kiln where a reducing atmosphere is used for a purpose other than coloration.

• (a) Firing heavy clay goods or refractory material (other than heavy clay goods) in a kiln where the process does not fall within a description in Part A of this Section.

• (b) Vapour glazing earthenware or clay with salts.

In this Section—

• “clay” includes a blend of clay with ash, sand or other materials;

• “refractory material” means material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4: THE CHEMICAL INDUSTRY

(See paragraph 4 of Schedule 2 as to cases where processes described in this chapter of the Schedule fall within two or more descriptions).

Section 4.1 Petrochemical processes

Section 4.2 The manufacture and use of organic chemicals

Any of the following processes unless falling within a description set out in Section 6.8—

• (a) the manufacture of styrene or vinyl chloride;

• (aa) the polymerisation or co-polymerisation of styrene or vinyl chloride (other than the polymerisation or co-polymerisation of a pre-formulated resin or pre-formulated gel coat which contains any styrene) where the process is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of either of those materials or, in aggregate, of both;

• (ab) any process, if related to and carried on as part of a process falling within another paragraph of this Part of this Section, for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any styrene, which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene;

• (b) any process of manufacture involving the use of vinyl chloride;

• (c) the manufacture of acetylene, any aldehyde, amine, isocyanate, nitrile, any carboxylic acid or any anhydride of carboxylic acid, any organic sulphur compound or any phenol, if the process may result in the release of any of those substances into the air;

• (d) any process for the manufacture of a chemical involving the use of any substance mentioned in paragraph (c) if the process may result in the release of any such substance into the air;

• (e) the manufacture or recovery of carbon disulphide;

• (f) any manufacturing process which may result in the release of carbon disulphide into the air;

• (g) the manufacture or recovery of pyridine, or of any substituted pyridines;

• (h) the manufacture of any organometallic compound;

• (i) the manufacture, purification or recovery of any designated acrylate;

• (j) any process for the manufacture of a chemical which is likely to involve the use in any 12 month period of 1 tonne or more of any designated acrylate or, in aggregate, of more than one such designated acrylate.

Section 4.3 Acid processes

Section 4.4 Processes involving halogens

The following processes if not falling within a description in any other Section of this Schedule—

• (a) any process for the manufacture of fluorine, chlorine, bromine or iodine or of any compound comprising only—

• (i) two or more of those halogens; or

• (ii) any one or more of those halogens and oxygen;

• (b) any process of manufacture which involves the use of, or which is likely to result in the release into the air or into water of, any of those four halogens or any of the compounds mentioned in paragraph (a) other than the use of any of them as a pesticide (as defined in Schedule 6) in water;

• (c) any process for the manufacture of hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids;

• (d) any process for the manufacture of chemicals which may result in the release into the air of any of the four compounds mentioned in paragraph (c);

• (e) any process of manufacture (other than the manufacture of chemicals) involving the use of any of the four compounds mentioned in paragraph (c) or any of their acids which may result in the release of any of those compounds into the air, other than the coating, plating or surface treatment of metal.

Section 4.5 Inorganic chemical processes

Section 4.6 Chemical Fertiliser Production

In this Section, “chemical fertilisers” means any inorganic chemical to be applied to the soil to promote plant growth; and “inorganic chemical” includes urea ; and “manufacture of chemical fertilisers” shall be taken to include any process for blending chemical fertilisers which is related to a process for their manufacture.

Section 4.7 Pesticide production

The manufacture or the formulation of chemical pesticides if the process may result in the release into water of any substance described in Schedule 5 in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of substance in column 2 of that Schedule.

In this Section “pesticide” has the same meaning as in Schedule 6.

Section 4.8 Pharmaceutical production

The manufacture or the formulation of a medicinal product if the process may result in the release into water of any substance described in Schedule 5 in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of substance in column 2 of that Schedule.

In this Section, “medicinal product” means any substance or article (not being an instrument, apparatus or appliance) manufactured for use in one of the ways specified in section 130(1) of the Medicines Act 1968[^f00004].

Section 4.9 The storage of chemicals in bulk

Nil

CHAPTER 5: WASTE DISPOSAL AND RECYCLING

Section 5.1 Incineration

In this section—

• “exempt incinerator” means any incinerator on premises where there is plant designed to incinerate waste, including animal remains at a rate of not more than 50 kgs per hour, not being an incinerator employed to incinerate clinical waste, sewage sludge, sewage screenings or municipal waste (as defined in Article I of EC Directive 89/369/EEC[^f00005]); and for the purposes of this section, the weight of waste shall be determined by reference to its weight as fed into the incinerator;

• “waste” means solid or liquid wastes or gaseous wastes (other than gas produced by biological degradation of waste); and

• “clinical waste” means waste ... which falls within the descriptions in paragraph (a) or (b) of the definition of such waste in the Collection and Disposal of Waste Regulations 1988[^f00006] (or would fall in one of those paragraphs but for Regulation 2(3) of those regulations).

Section 5.2 Recovery processes

• (a) The recovery by distillation of any oil or organic solvent.

• (b) The cleaning or regeneration of carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance described in Schedule 4, 5 or 6. Nothing in this Part of this Section applies to—

• (i) the distillation of oil for the production or cleaning of vaccum pump oil; or

• (ii) a process which is ancillary and related to another process which involves the production or use of the substance which is recovered, cleaned or regenerated.

Section 5.3 The production of fuel from waste

Making solid fuel from waste by any process involving the use of heat other than making charcoal.

CHAPTER 6: OTHER INDUSTRIES

Section 6.1 Paper and pulp manufacturing processes

In this paragraph, “paper pulp” includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.

Section 6.2 Di-isocyanale processes

• (a) Any process not falling within any other description in this Schedule where the carrying on of the process by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.

• (b) Any process not falling within any other description in this Schedule involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—

• (i) less than 1 tonne of toluene di-isocyanate monomer is likely to be used in any 12 month period; and

• (ii) the process may result in a release into the air which contains toluene di-isocyanate.

• (c) The hot wire cutting of polyurethane foams or polyurethane elastomers, except where this process is related to any other Part A process.

Section 6.3 Tar and bitumen processes

Any process not falling within any other description in this Schedule involving—

• (a) the distillation of tar or bitumen in connection with any process of manufacture; or

• (b) the heating of tar or bitumen for the manufacture of electrodes or carbon-based refractory materials,

where the carrying on of the process by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Section 6.4 Processes involving uranium

The following processes ...—

• (a) the treatment of any ore, concentrate or material containing uranium, its compounds or alloys in order to produce uranium, its compounds or alloys; or

• (b) the manufacture of, and any process involving the use of uranium hexafluoride or of any other volatile compound of uranium; or

• (c) the mechanical processing or casting of uranium, its compounds or alloys.

Section 6.5 Coating Processes and Printing

• (a) Any process (other than for the repainting or respraying of or of parts of aircraft or road or railway vehicles) for the application to a substrate of, or the drying or curing after such application of, printing ink or paint or any other coating material as, or in the course of, a manufacturing process where—

• (i) the process may result in the release into the air of particulate matter or of any volatile organic compound; and

• (ii) the carrying on of the process by the person concerned at the location in question is likely to involve the use in any 12 month period of—

• (aa) 20 tonnes or more applied in solid form of any printing ink, paint or other coating material; or

• (bb) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or

• (cc) 25 tonnes or more of organic solvents in respect of any cold set web offset printing process or any sheet fed offset litho printing process or, in respect of any other process, 5 tonnes or more of organic solvents.

• (b) Any process for the repainting or respraying of or of parts of road vehicles if the process may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the process by the person concerned at the location in question is likely to involve the use of 1 tonne2 tonnes or more of organic solvents in any 12 month period.

• (c) Any process for the repainting or respraying of or of parts of aircraft or railway vehicles if the process may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the process by the person concerned at the location in question is likely to involve the use in any 12 month period of—

• (i) 20 tonnes or more applied in solid form of any paint or other coating material; or

• (ii) 20 tonnes or more of any metal coatings which are sprayed on in molten form; or

• (iii) 5 tonnes or more of organic solvents.

In this Section—

• “aircraft” includes gliders and missiles;

• “coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material; and

• the amount of organic solvents used in a process shall be calculated as—the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; lessany organic solvents that are removed from the process for re-use or for recovery for re-use.

Section 6.6 The manufacture of dyestuffs, printing ink and coating materials

Any process for the manufacture of dyestuffs if the process involves the use of hexachlorobenzene.

Any process ...—

• (a) for the manufacture or formulation of printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the process by the person concerned at the location in question is likely to involve the use of 100 tonnes or more of organic solvents in any 12 month period;

• (b) for the manufacture of any powder for use as a coating material where there is the capacity to produce 200 tonnes or more of such powder in any 12 month period.

In this Section, “coating material” has the same meaning as in Section 6.5 , and the amount of organic solvents used in a process shall be calculated as—

Section 6.7 Timber processes

The manufacture of products wholly or mainly of wood at any works if the process involves the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood (“relevant processes”) and the throughput of the works in any 12 month period is likely to exceed—

For the purposes of this paragraph—

• relevant processes other than sawing are “exempt processes” where, if no sawing were carried on at the works, the activities carried on there would be treated as not falling within this Part of this Section by virtue of regulation 4(2);

• “throughput” shall be calculated by reference to the amount of wood which is subjected to any of the relevant processes: but where, at the same works, wood is subject to two or more relevant processes, no account shall be taken of the second or any subsequent process;

• “wood” includes any product consisting wholly or mainly of wood; and

• “works” includes a sawmill or any other premises on which relevant processes are carried out on wood.

Section 6.8 Processes involving rubber

Section 6.9 The treatment and processing of animal or vegetable matter

Any of the following processes, unless falling within a description in another Section of the Schedule or an exempt process, namely, the processing in any way whatsoever, storing or drying by the application of heal of any dead animal (or part thereof) or any vegetable matter if the process may result in the release into water of any substance described in Schedule 5 in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of substance in column 2 of that Schedule: but excluding any process for the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment process involves the drying of any material with a view to its use as an animal feedstuff.

In this Section—

• “animal” includes a bird or a fish; and

• “exempt process” means—any process carried on on a farm or agricultural holding other than the manufacture of goods for sale;the manufacture or preparation of food or drink for human consumption but excluding—the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as a process incidental to the cooking of food for human consumption;any process involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption;the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed; the fleshing, cleaning and drying of pelts of fur-bearing mammals; any process carried on in connection with the operation of a knacker’s yard, as defined in article 3(1) of the Animal By-Products Order 1992;any process for the manufacture of soap not falling within a description in Part A of Section 4.2 of this Schedule;the storage of vegetable matter otherwise than as part of any prescribed process;the cleaning of shellfish shells;the manufacture of starch;the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under article 10 of the Animal By-Products Order 1992;the salting of hides or skins, unless related to any other prescribed process;any process for composting animal or vegetable matter or a combination of both, except where that process is carried on for the purposes of cultivating mushrooms;any process for cleaning, and any related process for drying or dressing, seeds, bulbs, corms or tubers;the drying of grain or pulses;any process for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

• “food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food; and

• “green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

SCHEDULE 2 — RULES FOR THE INTERPRETATION OF SCHEDULE 1

1

These rules apply for the interpretation of Schedule 1 subject to any specific provision to the contrary in that Schedule.

2

• (1) Any description of a process includes any other process carried on at the same location by the same person as part of that process; but this rule does not apply in relation to any two or more processes described in different Sections of Schedule 1 which, accordingly, require distinct authorisation.

• (2) For the purposes of this paragraph, two or more processes which are described in Part A of different Sections of Chapter 4 of Schedule 1 shall be treated as if they were described in the same Section.

3

Where a person carries on a process which includes two or more processes described in the same Section of Schedule 1 those processes shall be treated as requiring authorisation as a single process; and if the processes involved are described in both Part A and Part B of the same Section, they shall all be regarded as part of a Part A process and so subject to central control.

4

Where a process falls within two or more descriptions in Schedule 1, that process shall be regarded as falling only within that description which fits it most aptly: but where two or more descriptions are equally apt and a process falls within descriptions in different Sections of Chapter 4, it shall be taken to fall within the description in whichever relevant Section is first mentioned in the sequence, 4.5; 4.2; 4. 1; 4.4; 4.3; 4.6; 4.7; 4.8; 4.9.

5

Notwithstanding the rules set out in paragraphs 2 and 3—

• (a) the processes described in Part B of section 1.3 do not include the incidental storage, handling or shredding of tyres which are to be burned;

• (b) the process described in paragraph (b) of Part B of Section 2.2 does not include the incidental storage or handling of scrap which is to be heated other than its loading into a furnace;

• (c) the process described in paragraph (a) of Part B of Section 5.1 does not involve the incidental storage or handling of wastes and residues other than animal remains intended for burning in an incinerator used wholly or mainly for the incineration of such remains or. residues from the burning of such remains in such an incinerator;

• (d) the process described in Part B of Section 6.5 does not include the cleaning of used storage drums prior to painting and their incidental handling in connection with such cleaning;

• (e) any description of a Part B process includes any related process which would fall within paragraph (c) of Part A of Section 1.3 if it were not so related.

6

The following activities, that is to say—

• (a) the unloading, screening, grading, mixing or otherwise handling of petroleum coke, coal, lignite, coke or any other coal product;

• (b) the unloading of iron ore or burnt pyrites,

for use in a prescribed process by a person other than the person carrying on the process at the place where the process is carried on shall be treated as part of that process.

7

• (1) Where by reason of the use at different times of different fuels or different materials or the disposal at different times of different wastes, processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part A processes and one or more other processes, the other processes shall be regarded as within the descriptions of the Part A processes.

• (2) Where by reason of such use or disposal as is mentioned in paragraph (1), processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part B processes and one or more other processes (but no Part A processes), all those processes shall be regarded as within the descriptions of the Part B processes.

• (3) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant and machinery and those processes include Part B processes falling within different Sections of Schedule 1 (but no Part A processes), those processes shall, notwithstanding the rule set out in paragraph 2, be treated as a single Part B process falling within the description in whichever of those Sections first appears in that Schedule.

8

Where in the course of, or as a process ancillary to, any prescribed process the person carrying on that process uses, treats or disposes of waste at the same location (whether as fuel or otherwise), the use, treatment or disposal of that waste shall, notwithstanding the rule set out in paragraph 2, be regarded as falling within the description of that process, whether the waste was produced by the person carrying on the process or acquired by him for such use, treatment or disposal.

9

References in Schedule 1 and this Schedule to related processes are references to separate processes carried on by the same person at the same location.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

References to a process involving the release of a substance falling within a description in Schedule 4 or 5 hereto do not affect the application of paragraphs (1) and (2) of regulation 4.

SCHEDULE 3 — DATE FROM WHICH AUTHORISATION IS REQUIRED UNDER SECTION 6 OF THE ACT

PART I

1

This Part of this Schedule applies in the case of a Part A process carried on in England or Wales.

2

The prescribed date in the case of a Part A process is, except in the case of an existing process, 1st April 1991.

3

• (1) In the case of an existing process, the prescribed date is—

• (i) in a case falling within paragraph (2), the date at which the change mentioned in that paragraph is made unless later than the date applicable in accordance with sub-paragraph (ii);

• (ii) where sub-paragraph (i) does not apply and subject to paragraph 5, the day after that on which the period for applying for authorisation in accordance with the Table in paragraph 4 expires.

• (2) A case falls within this paragraph if the person carrying on the process makes a substantial change in the process on or after I April 1991 and that change—

• (i) has not occasioned construction work which is in progress on that date; or

• (ii) is not the subject of a contract for construction work entered into before that date.

4

Application for authorisation to carry on an existing process shall be made in the relevant period specified in the following Table—

	Application to be made	Application to be made
Any process falling within a description set out in—	Not earlier than	Not later than
Paragraph (a) of Section 1.3	1st April 1991	30th April 1991
Any other paragraph of Chapter 1	1st April 1992	30th June 1992
Section 2.1 or 2.3	1st January 1995	31st March 1995
Section 2.2	1st May 1995	31st July 1995
Chapter 3	1st December 1992	28th February 1993
Section 4. 1, 4.2, 4.7 or 4.8	1st May 1993	31st October 1993
Section 4.3, 4.4 or paragraph (a) of Section 4.6	1st November 1993	31st January 1994
Section 4.5, paragraph (b) of Section 4.6, or Section 4.9	1st May 1994	31st July 1994
Chapter 5	1st August 1992	31st October 1992
Chapter 6	1st November 1995	31st January 1996

5

Where paragraph 3(1)(ii) would otherwise apply and application is duly made in accordance with section 6 of the Act within the appropriate period specified in paragraph 4 for authorisation to carry on a process, the prescribed date as respects the carrying on by the applicant (or other person in his place) of the process to which the application relates is the determination date for that process.

6

Subject to paragraph 7 below, references in this Part to an existing process are to a process—

• (i) which was being carried on at some time in the 12 months immediately preceding 1st April 1991; or

• (ii) which is to be carried on at a works, plant or factory or by means of mobile plant which was under construction or in course of manufacture or in the course of commission at that date, or the construction or supply of which was the subject of a contract entered into before that date.

7

A process shall cease to be an existing process for the purposes of this Part if at any time between 1st April 1990 and the last day by which an application is otherwise required to be made for authorisation for the carrying on of that process, the process ceases to be carried on and is not carried on again at the same location (or with the same mobile plant) within the following 12 months.

8

In this Part and subsequent provisions of this Schedule—

• “the determination date” for a prescribed process is—in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal;

• “substantial change” has the same meaning as in section 10 of the Act.

PART II

9

This Part of this Schedule applies in the case of a Part B process carried on in England or Wales.

10

The prescribed date in the case of a Part B process is, except in the case of an existing process, the date specified in paragraph 12 below as the date from which application may be made for authorisation to carry on an existing process of the same description.

11

• (1) In the case of an existing process, the prescribed date is, subject to paragraph 13,—

• (i) in a case falling within paragraph (2), the date at which the change mentioned in that paragraph is made;

• (ii) where sub-paragraph (i) does not apply, the day after that on which the period for applying for authorisation in accordance with the Table in paragraph 12 expires.

• (2) A case falls within this paragraph if the person carrying on the process makes a substantial change in the process in the period specified in paragraph 12 in relation to the description of processes which comprise that process (when changed) and that change—

• (i) has not occasioned construction work which is in progress at the beginning of that period; or

• (ii) is not the subject of a contract for construction work entered into before the beginning of that period.

12

Application for authorisation for an existing process shall be made in the relevant period determined in accordance with the following Table—

	Application to be made	Application to be made
Any process falling within a description set out in—	Not earlier than	Not later than
Paragraph (a), (b), (c) or (e) of Section 1.3, Section 3.5, 3.6, 5.1 or 6.7 or paragraph (b) of Section 6.9	1st April 1991	30th September 1991
Section 2.1, 2.2, 3.1, 3.2 or 3.4	1st October 1991	31st March 1992
Paragraph (d) of Section 1.3, Section 6.2, 6.5, 6.6 or 6.8 or paragraph (a) of Section 6.9	1st April 1992	30th September 1992

13

Where application is duly made in accordance with section 6 of the Act for authorisation for the carrying on of an existing Part B process, the prescribed date as respects the carrying on by the applicant (or another person in his place) of the process to which the application relates is the determination date for that process.

14

References in this Part to an existing process are to a process—

• (i) which was being carried on at some time in the 12 months immediately preceding the earlier date mentioned in paragraph 12 in relation to the description of processes within which the process falls; or

• (ii) which is to be carried on at a works, plant or factory or by means of mobile plant which was under construction or in course of manufacture or in the course of commission at that earlier date, or the construction or supply of which was the subj ect of a contract entered into before that date.

PART III

15

This Part of this Schedule applies in the case of a Part A process carried on in Scotland.

16

The prescribed date in the case of a Part A process is, except in the case of an existing process, 1st April 1992.

17

• (1) In the case of an existing process, the prescribed date is—

• (i) in a case falling within paragraph (2), the date at which the change mentioned in that paragraph is made unless later than the date applicable in accordance with sub-paragraph (ii);

• (ii) where sub-paragraph (i) does not apply and subject to paragraph 19, the day after that on which the period for applying for authorisation in accordance with the Table in paragraph 18 expires.

• (2) A case falls within this paragraph if the person carrying on the process makes a substantial change in the process on or after 1 April 1992 and that change —

• (i) has not occasioned construction work which is in progress on that date; or

• (ii) is not the subject of a contract for construction work entered into before that date.

18

Application for authorisation to carry on an existing process shall be made in the relevant period specified in the following Table—

	Application to be made	Application to be made
Any process falling within a description set out in—	Not earlier than	Not later than
Chapter 1	1st April 1992	30th June 1992
Section 2.1 or 2.3	1st January 1995	31st March 1995
Section 2.2	1st May 1995	31st July 1995
Chapter 3	1st December 1992	28th February 1993
Section 4.1, 4.2, 4.7 or 4.8	1st May 1993	31st October 1993
Section 4.3, 4.4 or paragraph (a) of Section 4.6	1st November 1993	31st January 1994
Section 4.5, paragraph (b) of Section 4.6, or Section 4.9	1st May 1994	31st July 1994
Chapter 5	1st August 1992	31st October 1992
Chapter 6	1st November 1995	31st January 1996

19

Where paragraph 17(1)(ii) would otherwise apply and application is duly made in accordance with Section 6 of the Act within the period specified in paragraph 18 for authorisation to carry on a process, the prescribed date as respects the carrying on by the applicant (or another person in his place) of the process to which the application relates is the determination date for that process.

20

Subject to paragraph 21 below, references in this Part to an existing process are to a process—

• (i) which was being carried on at some time in the 12 months immediately preceding 1st April 1992; or

• (ii) which is to be carried on at a works, plant or factory or by means of mobile plant which was under construction or in course of manufacture or in the course of commission at that date, or, where construction or manufacture had not been begun before that date, the construction or supply of which was the subject of a contract entered into before that date.

21

A process shall cease to be an existing process for the purposes of this Part if at any time between 1st April 1992 and the last date by which an application is otherwise required to be made for authorisation for the carrying on of that process, the process ceases to be carried on and is not carried on again at the same location (or with the same mobile plant) within the following 12 months.

PART IV

22

This Part of this Schedule applies in the case of a Part B process carried on in Scotland.

23

The prescribed date in the case of a Part B process is, except in the case of an existing process, the date specified in paragraph 25 below as the date from which application may be made for authorisation to carry on an existing process of the same description.

24

• (1) In the case of an existing process the prescribed date is, subject to paragraph 26,—

• (i) in a case falling within paragraph (2), the date at which the change mentioned in that paragraph is made;

• (ii) where sub-paragraph (i) does not apply, the day after that on which the period for applying for authorisation in accordance with the Table in paragraph 25 expires.

• (2) A case falls within this paragraph if the person carrying on the process makes a substantial change in the process in the period specified in paragraph 25 in relation to the description of processes which comprise that process (when changed) and that change—

• (i) has not occasioned construction work which is in progress at the beginning of that period; or

• (ii) is not the subject of a contract for construction work entered into before the beginning of that period.

25

Application for authorisation for an existing process shall be made in the relevant period specified in the following Table—