SCHEDULE 1 continued PART 2
1. In this Section “recovered oil” means waste oil which has been processed before being used.
(a) Burning any fuel in an appliance with a rated thermal input of 50 or more megawatts.
(b) Unless carried on as part of a Part A(2) or Part B activity, burning any—
waste oil;
recovered oil; or
fuel manufactured from, or comprising, any other waste,
in an appliance with a rated thermal input of 3 or more megawatts, but less than 50 megawatts.
1. For the purpose of paragraph (a), where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances must be treated as a single appliance with a rated thermal input of 50 megawatts or more.
2. Nothing in this Part of this Section applies to burning fuels in an appliance installed on an offshore platform situated on, above or below those parts of the sea adjacent to England and Wales from the low water mark to the seaward baseline of the United Kingdom territorial sea.
3. In paragraph 2, “offshore platform” means any fixed or floating structure which—
(a) is used for the purposes of or in connection with the production of petroleum; and
(b) in the case of a floating structure, is maintained on a station during the course of production,
but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the extent of any reservoir in which it occurs.
4. In paragraph 3, “petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.
5. In paragraph (b)(iii), “fuel” does not include gas produced by biological degradation of waste in a landfill that does not require a permit under these Regulations.
Unless falling within Part A(1)(a) of this Section—
(a) Burning any fuel (other than a fuel mentioned in Part A(1)(b)) in—
a boiler;
a furnace;
a gas turbine; or
a compression ignition engine,
with a net rated thermal input of 20 or more megawatts, but a rated thermal input of less than 50 megawatts.
(b) Burning any—
waste oil;
recovered oil;
solid fuel which has been manufactured from waste by an activity involving the application of heat,
in an appliance with a rated thermal input of less than 3 megawatts.
(c) Burning fuel manufactured from or including waste (other than a fuel mentioned in paragraph (b)) in any appliance with a net rated thermal input of 0.4 or more megawatts, but a rated thermal input of less than 3 megawatts—
which is used together with other appliances which each have a rated thermal input of less than 3 megawatts; and
where the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.
1. This Part does not apply to any activity falling within Part A(1) or Part A(2) of Section 5.1.
2. In this Part, “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.
3. In paragraph (c), “fuel” does not include gas produced by biological degradation of waste.
(a) Refining gas where this is likely to involve the use of 1,000 or more tonnes of gas in any period of 12 months.
(b) Reforming natural gas.
(c) Operating coke ovens.
(d) Coal or lignite gasification.
(e) Producing gas from oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless the production is carried out as part of an activity which is a combustion activity (whether or not that combustion activity is described in Section 1.1).
(f) Purifying or refining any product of any of the activities falling within paragraphs (a) to (e) or converting it into a different product.
(g) Refining mineral oils.
(h) The loading, unloading, handling or storage of, or the physical, chemical or thermal treatment of—
crude oil;
stabilised crude petroleum;
crude shale oil;
where related to another activity described in this paragraph, any associated gas or condensate; or
emulsified hydrocarbons intended for use as a fuel.
(i) The further refining, conversion or use (otherwise than as a fuel or solvent) of the product of any activity falling within paragraphs (g) or (h) in the manufacture of a chemical.
(j) Activities involving the pyrolysis, carbonisation, distillation, liquefaction, gasification, partial oxidation, or other heat treatment of—
coal (other than the drying of coal);
lignite;
oil;
other carbonaceous material; or
mixtures thereof,otherwise than with a view to making charcoal.
(k) Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.
1. Paragraph (j) does not include—
(a) the use of any substance as a fuel;
(b) the incineration of any substance as a waste;
(c) any activity for the treatment of sewage or sewage sludge.
2. In paragraph (j), the heat treatment of oil, other than distillation, does not include the heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.
3. In this Part, “carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, but does not include wood which has not been chemically treated.
(a) Refining gas where this activity does not fall within Part A(1)(a) of this Section.
(a) Odorising natural gas or liquefied petroleum gas, except where that activity is related to a Part A activity.
(b) Blending odorant for use with natural gas or liquefied petroleum gas.
(c) The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading at a terminal of petrol into or from road tankers, rail tankers or inland waterway vessels.
(d) The unloading of petrol into stationary storage tanks at a service station, if the total quantity of petrol unloaded into such tanks at the service station in any period of 12 months is likely to be 500m3 or more.
(e) Motor vehicle refuelling activities at an existing service station after the prescribed date, if the petrol refuelling throughput at the existing service station in any period of 12 months is, or is likely to be, 3500m3 or more.
(f) Motor vehicle refuelling activities at new service stations, if the petrol refuelling throughput at the service station in any period of 12 months is likely to be 500m3 or more.
1. In this Part—
“existing service station” means a service station—
which is put into operation; or
for which planning permission under the Town and Country Planning Act 1990(37) was granted,
before 31st December 2009;
“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 or more tonnes;
“new service station” means a service station which is put into operation on or after 31st December 2009, other than an existing service station;
“petrol” means any petroleum derivative (other than liquefied petroleum gas), with or without additives, having a Reid vapour pressure of 27.6 or more kilopascals, which is intended for use as a fuel for motor vehicles;
“prescribed date” means—
if an application for the grant or variation of an environmental permit is made on or before 1st January 2010—
if the application is granted, the date of grant,
if the application is refused and the applicant appeals against the refusal, the date of the appeal determination or the date the appeal is withdrawn, or
if the application is refused, and the applicant does not appeal against the refusal, the day after the last day on which an appeal could have been brought; or
if no such application is made, 1st January 2010;
“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks;
“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.
2. Any other expressions used in this Part which are also used in Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(38) have the same meaning as in that Directive.
1. In this Section, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2.
(a) Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials.
(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces used are—
electric arc furnaces with a designed holding capacity of less than 7 tonnes, or
cupola, crucible, reverbatory, rotary, induction, vacuum, electro-slag or resistance furnaces.
(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour.
(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites.
(a) Unless falling within Part A(1)(b) of this Section producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour.
(b) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts.
(c) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour.
(d) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.
(a) Unless falling within Part A(1)(b) of this Section, producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 or less tonnes per hour.
(b) Unless falling within Part A(2)(a) or (d) of this Section, producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, including continuous casting) using—
one or more electric arc furnaces, none of which has a designed holding capacity of 7 or more tonnes; or
a cupola, crucible, reverberatory, rotary, induction, electro-slag or resistance furnace.
(c) Desulphurising iron, steel or any ferrous alloy.
(d) 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) unless—
it is carried on in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a 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; and
it is not related to any other activity falling within this Part of this Section.
(e) Unless falling within Part A(1) or Part A(2) of this Section, casting iron, steel or any ferrous alloy from deliveries of 50 or more tonnes of molten metal.
1. In this Section “non-ferrous metal alloy” means an alloy which is not a ferrous alloy, as defined in Section 2.1.
2. Part A(1)(c) to (h) and Part B do not apply to hand soldering, flow soldering or wave soldering.
(a) Unless falling within Part A(2) of this Section, producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities.
(b) Melting, including making alloys, of non-ferrous metals, including recovered products (refining, foundry casting etc) where—
the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals; and
any furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes.
(c) Except where the activity is related to an activity described in Part A(2)(a), or Part B(a), (d) or (e) of this Section, refining any non-ferrous metal or alloy, other than the electrolytic refining of copper.
(d) Producing, melting or recovering by chemical means or by the use of heat, lead or any lead alloy, if—
the activity may result in the release into the air of lead; and
in the case of lead alloy, the percentage by weight of lead in the alloy in molten form is more than 23 per cent if the alloy contains copper and 2 per cent in other cases.
(e) Recovering any gallium, indium, palladium, tellurium, or thallium if the activity may result in their release into the air.
(f) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or both in aggregate.
(g) Mining zinc or tin bearing ores where the activity may result in the release into water of cadmium or any compound of cadmium in a concentration which is greater than the background concentration.
(h) Manufacturing or repairing involving the use of beryllium or selenium or an alloy containing one or both of those metals, if the activity may result in the release into the air of any substance in paragraph 6(3) of Part 1; but an activity does not fall within this paragraph by reason of it involving an alloy that contains beryllium if that alloy in molten form contains less than 0.1 per cent by weight of beryllium and the activity falls within Part B(a) or (d) of this Section.
(i) Pelletising, calcining, roasting or sintering any non-ferrous metal ore or any mixture of such ore and other materials.
1. In paragraph (g), “background concentration” means any concentration of cadmium or any compound of cadmium which would be present in the release irrespective of any effect the activity may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of those substances as is present in—
(a) water supplied to the site where the activity is carried on;
(b) water abstracted for use in the activity; and
(c) precipitation onto the site on which the activity is carried on.
(a) Melting, including making alloys, of non-ferrous metals, including recovered products (refining, foundry casting, etc.) where—
the plant has a melting capacity of more than 4 tonnes per day for lead or cadmium or 20 tonnes per day for all other metals, and no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 or more tonnes; or
the plant uses a vacuum furnace of any design holding capacity.
(a) Melting, including making alloys, of non-ferrous metals (other than tin or any alloy which in molten form contains 50 per cent or more by weight of tin), including recovered products (refining, foundry casting, etc.) in plant with a melting capacity of 4 tonnes or less per day for lead or cadmium or 20 tonnes or less per day for all other metals.
(b) The heating in a furnace or any other appliance of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing 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 not related to another activity described in this Part of this Section; but an activity does not fall within this paragraph if—
it involves the use of 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; and
it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
(c) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate of 20 or less tonnes per day.
(d) Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate of 20 or less tonnes per day.
(e) Unless falling within Part A(1) or Part A(2) of this Section, the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.
1. In this Part “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.
2. When determining the extent of an installation carrying on an activity within paragraph (e), any location where the associated storage or handling of scrap which is to be heated as part of that activity is carried on, other than a location where scrap is loaded into a furnace, must be ignored.
(a) Unless falling within Part A(2) of this Section, surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3.
(a) Surface treating metals and plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats is more than 30m3 and where the activity is carried on at the same installation as one or more activities falling within—
Part A(2) or Part B of Section 2.1;
Part A(2) or Part B of Section 2.2; or
Part A(2) or Part B of Section 6.4.
(a) Any process for the surface treatment of metal which is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A(1) or Part A(2) of this Section.
(a) Producing cement clinker or producing and grinding cement clinker.
(b) Producing lime—
in kilns or other furnaces with a production capacity of more than 50 tonnes per day; or
if the activity is likely to involve the heating in any period of 12 months of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.
(a) Unless falling with Part A(1) of this Section, grinding cement clinker.
(b) Unless falling within Part A(1) of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.
(a) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.
(b) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.
(c) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.
(d) Producing lime where the activity is not likely to involve the heating in any period of 12 months of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.
1. In this Section “asbestos” means any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.
(a) Producing asbestos or manufacturing products based on or containing asbestos.
(b) Stripping asbestos from railway vehicles except—
in the course of the repair or maintenance of the vehicle;
in the course of recovery operations following an accident; or
where the asbestos is permanently bonded in cement or in any other material (including plastic, rubber or resin).
(c) Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure.
(a) Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—
asbestos cement;
asbestos cement products;
asbestos fillers;
asbestos filters;
asbestos floor coverings;
asbestos friction products;
asbestos insulating board;
asbestos jointing, packaging and reinforcement material;
asbestos packing;
asbestos paper or card; or
asbestos textiles.
(a) Manufacturing glass fibre.
(b) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture and the aggregate quantity of such substances manufactured in any period of 12 months is likely to be 100 or more tonnes.
(a) Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.
Unless falling within Part A(1) or Part A(2) of this Section—
(a) Manufacturing glass at any location with the capacity to make 5,000 or more tonnes of glass in any period of 12 months, and any activity involving the use of glass which is carried on at any such location in conjunction with its manufacture.
(b) Manufacturing glass where the use of lead or any lead compound is involved.
(c) Manufacturing any glass product where lead or any lead compound has been used in the manufacture of the glass except—
making products from lead glass blanks; or
melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.
(d) Polishing or etching glass or glass products in the course of any manufacturing activity if—
hydrofluoric acid is used; or
hydrogen fluoride may be released into the air.
(e) Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.
(a) Unless falling within Part A(1) or Part A(2) of Section 3.3, melting mineral substances in plant with a melting capacity of more than 20 tonnes per day.
(b) Unless falling within Part A(1) of Section 3.3, producing any fibre from any mineral.
(a) Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.
(a) Unless falling within Part A(1) or Part A(2) of any Section, the crushing, grinding or other size reduction, other than the cutting of stone, or the grading, screening or heating of any designated mineral or mineral product except where the operation of the activity is unlikely to result in the release into the air of particulate matter.
(b) Any of the following activities unless carried on at an exempt location—
crushing, grinding or otherwise breaking up coal, coke or any other coal product;
screening, grading or mixing coal, coke or any other coal product;
loading or unloading petroleum coke, coal, coke or any other coal product except unloading on retail sale.
(c) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.
(d) Screening the product of any activity described in paragraph (c).
(e) Coating road stone with tar or bitumen.
(f) Loading, unloading, or storing pulverised fuel ash in bulk prior to further transportation in bulk.
(g) The fusion of calcined bauxite for the production of artificial corundum.
1. In this Part—
“coal” includes lignite;
“designated mineral or mineral product” means—
clay, sand and any other naturally occurring mineral other than coal;
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 activity;
“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 period of 12 months is in aggregate likely to be less than 10,000 tonnes; or
any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there;
“retail sale” means sale to the final customer.
2. This Part does not apply to any activity carried on underground.
(a) Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—
the kiln production capacity is more than 75 tonnes per day; or
the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3,
and a reducing atmosphere is used other than for the purposes of colouration.
(a) Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—
the kiln production capacity is more than 75 tonnes per day; or
the kiln capacity is more than 4m3 and the setting density is more than 300 kg/m3.
(a) Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.
(b) Vapour glazing earthenware or clay with salts.
OJ No. L 365, 31.10.1994, p24, as amended by Regulation (EC) No. 1882/2003 (OJ No. L 284, 31.10.2003, p1). Back [38]