Office of Public Sector Information
SCHEDULE 1 continued PART 2 continued CHAPTER 3 continued
1. In this Part—
“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.
1. In Part A(1) of the Sections of this Chapter, “producing” means producing in a chemical plant by chemical processing for commercial purposes substances or groups of substances listed in the relevant Sections.
1. In this Section, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.
(a) Producing organic chemicals such as—
hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
organic compounds containing oxygen, such as alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins;
organic compounds containing sulphur, such as sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;
organic compounds containing nitrogen, such as amines, amides, nitrous-, nitro- or azo-compounds, nitrates, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;
organic compounds containing phosphorus, such as substituted phosphines and phosphate esters;
organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;
organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;
plastic materials, such as polymers, synthetic fibres and cellulose-based fibres;
synthetic rubbers;
dyes and pigments;
surface-active agents.
(b) Producing any other organic compounds not described in paragraph (a).
(c) Polymerising or co-polymerising any unsaturated hydrocarbon or vinyl chloride (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon) which is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 50 or more tonnes of any of those materials, or any combination of those materials in aggregate.
(d) Any activity involving the use in any period of 12 months of 1 or more tonnes of toluene di-isocyanate or other di-isocyanate of comparable volatility or, where partly polymerised, the use of partly polymerised di-isocyanates or prepolymers containing 1 or more tonnes of those monomers, if the activity may result in a release into the air which contains such a di-isocyanate monomer.
(e) The flame bonding of polyurethane foams or polyurethane elastomers.
(f) Recovering—
carbon disulphide;
pyridine or any substituted pyridine.
(g) Recovering or purifying acrylic acid, substituted acrylic acid or any ester of acrylic acid or of substituted acrylic acid.
(a) Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity 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) Cutting polyurethane foams or polyurethane elastomers with heated wires.
(c) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbon, where the activity is likely to involve, in any period of 12 months, the polymerisation or co-polymerisation of 100 or more tonnes of unsaturated hydrocarbon.
(d) Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if—
less than 1 tonne of toluene di-isocyanate monomer is likely to be used in any 12 month period; and
the activity may result in a release into the air which contains toluene di-isocyanate.
(a) Producing inorganic chemicals such as—
gases, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide, hydrogen sulphide, oxides of carbon, sulphur compounds, oxides of nitrogen, hydrogen, oxides of sulphur, phosgene;
acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum and chlorosulphonic acid;
bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;
salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;
non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide, titanium dioxide;
halogens or interhalogen compound comprising two or more of halogens, or any compound comprising one or more of those halogens and oxygen.
(b) Unless falling within any other Section, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).
(c) Unless falling within any other Section, any manufacturing activity involving the use of hydrogen cyanide or hydrogen sulphide.
(d) Unless falling within any other Section, any manufacturing activity (other than the application of a glaze or vitreous enamel) involving the use of, or the use or recovery of, any compound of any of the following elements—
antimony;
arsenic;
beryllium;
gallium;
indium;
lead;
palladium;
platinum;
selenium;
tellurium;
thallium,
where the activity may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in paragraph 7 of Part 1.
(e) Recovering any compound of cadmium or mercury.
(f) Unless falling within any other Section, any manufacturing activity involving the use of mercury or cadmium or any compound of either element or which may result in the release into air of either of those elements or their compounds.
(g) Unless carried on as part of any other activity within this Schedule—
recovering, concentrating or distilling sulphuric acid or oleum;
recovering nitric acid;
purifying phosphoric acid.
(h) Unless falling within any other Section, any activity (other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2) which is likely to result in the release into the air of any acid-forming oxide of nitrogen.
(i) Unless carried on as part of any other activity within this Schedule, recovering ammonia.
(j) Extracting any magnesium compound from sea water.
(a) Producing (including any blending which is related to their production) phosphorus, nitrogen or potassium based fertilisers (simple or compound fertilisers).
(b) Converting chemical fertilisers into granules.
(a) Producing plant health products or biocides.
(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.
(a) Producing pharmaceutical products using a chemical or biological process.
(b) Formulating such products if this may result in the release into water of any substance listed in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph for that substance.
(a) Producing explosives.
(a) Unless falling within Part A(2) of Section 6.7, any manufacturing activity which may result in the release of carbon disulphide into the air.
(b) Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.
(a) The storage in tanks, other than in tanks for the time being forming part of a powered vehicle, of any of the substances listed below except where the total storage capacity of the tanks installed at the location in question in which the relevant substance may be stored is less than the figure specified below in relation to that substance—
one or more acrylates, 20 tonnes (in aggregate);
acrylonitrile, 20 tonnes;
anhydrous ammonia, 100 tonnes;
anhydrous hydrogen fluoride, 1 tonne;
toluene di-isocyanate, 20 tonnes;
vinyl chloride monomer, 20 tonnes;
ethylene, 8,000 tonnes.
1. In this Section—
“co-incineration” means the use of wastes as a regular or additional fuel in a co-incineration plant or the thermal treatment of waste for the purpose of disposal in a co-incineration plant;
“co-incineration plant” means any stationary or mobile plant whose main purpose is the generation of energy or production of material products, and—
which uses wastes as a regular or additional fuel; or
in which waste is thermally treated for the purpose of disposal.
If co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant must be regarded as an incineration plant.
This definition covers the site and the entire plant including all co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack devices and systems for controlling incineration operations, recording and monitoring incineration conditions, but does not cover co-incineration in an excluded plant;
“excluded plant” means—
a plant treating only the following wastes—
vegetable waste from agriculture and forestry,
vegetable waste from the food processing industry, if the heat generated is recovered,
fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,
wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood-preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste,
cork waste,
radioactive waste,
animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(39), or
waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installation; and
an experimental plant used for research, development and testing in order to improve the incineration process and which treats less than 50 tonnes of waste per year;
“hazardous waste” means any solid or liquid waste as defined in regulation 6 of (in relation to England) the Hazardous Waste (England and Wales) Regulations 2005(40) or (in relation to Wales) the Hazardous Waste (Wales) Regulations 2005(41) except for—
combustible liquid wastes including waste oils provided that they meet the following criteria—
the mass content of polychlorinated aromatic hydrocarbons, for example polychlorinated biphenyls or pentachlorinated phenol, amounts to concentrations not higher than those set out in the relevant Community legislation,
these wastes are not rendered hazardous by virtue of containing other constituents listed in Schedule 2 to (in relation to England) the Hazardous Waste (England and Wales) Regulations 2005, or (in relation to Wales) the Hazardous Waste (Wales) Regulations 2005 in quantities or in concentrations which are inconsistent with the achievement of the objectives set out in Article 4 of the Waste Framework Directive, and
the net calorific value amounts to at least 30 MJ per kilogramme;
any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gasoil as defined in Article 1(1) of Council Directive 93/12/EEC relating to the sulphur content of certain liquid fuels(42) or a higher concentration of emissions than those resulting from the combustion of gasoil as so defined;
“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes with or without recovery of the combustion heat generated, including—
the incineration by oxidation of waste; and
other thermal treatment processes such as pyrolysis, gasification or plasma processes in so far as the substances resulting from the treatment are subsequently incinerated.
This definition covers the site and the entire incineration plant including all incineration lines, waste reception, storage, on site pre-treatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of exhaust gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration operations recording and monitoring incineration conditions, but does not cover incineration in an excluded plant;
“non-hazardous waste” means waste which is not hazardous waste;
“waste” means any solid or liquid waste as defined in Article 1(a) of the Waste Framework Directive.
(a) The incineration of hazardous waste in an incineration plant.
(b) Unless carried on as part of any other Part A(1) activity, the incineration of hazardous waste in a co-incineration plant.
(c) The incineration of non-hazardous waste in an incineration plant with a capacity of 1 tonne or more per hour.
(d) Unless carried on as part of any other activity in this Part, the incineration of hazardous waste in a plant which is not an incineration plant or a co-incineration plant.
(e) Unless carried on as part of any other activity in this Part, the incineration of non-hazardous waste in a plant which is not an incineration plant or a co-incineration plant but which has a capacity of 1 tonne or more per hour.
(f) The incineration, other than incidentally in the course of burning landfill gas or solid or liquid waste, of any gaseous compound containing halogens in a plant which is not an incineration plant or a co-incineration plant.
(a) The incineration of non-hazardous waste in an incineration plant with a capacity of less than 1 tonne per hour.
(b) Unless carried on as part of any other Part A activity, the incineration of non-hazardous waste in a co-incineration plant.
(c) The incineration of animal carcasses in a plant, which is not an incineration plant or a co-incineration plant, with a capacity of more than 10 tonnes per day but less than 1 tonne per hour.
(a) The incineration of non-hazardous waste in a plant which is—
not an incineration plant or a co-incineration plant, and
on premises where there is plant, other than incineration plant or co-incineration plant, which has an aggregate capacity of 50 kilogrammes or more per hour but less than 1 tonne per hour.
(b) The cremation of human remains.
1. When determining the extent of an installation carrying on an activity within Part B, any location of the following description must be ignored: any location where the associated storage or handling of wastes and residues which are to be incinerated as part of that activity is carried on, other than a location where the associated storage or handling of 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 is carried on.
(a) The disposal of waste in a landfill—
receiving more than 10 tonnes of waste in any day, or
with a total capacity of more than 25,000 tonnes,
but excluding disposals in a landfill taking only inert waste.
(a) The disposal of hazardous waste (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.
(b) The disposal of waste oils (other than by incineration or landfill) in a facility with a capacity of more than 10 tonnes per day.
(c) Disposal of non-hazardous waste in a facility with a capacity of more than 50 tonnes per day by—
biological treatment, not being treatment specified in any paragraph other than paragraph D8 of Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (D8), or
physico-chemical treatment, not being treatment specified in any paragraph other than paragraph D9 in Annex IIA to the Waste Framework Directive, which results in final compounds or mixtures which are discarded by means of any of the operations numbered D1 to D12 in that Annex (for example, evaporation, drying, calcination, etc) (D9).
1. In paragraph (b) “disposal” means the processing or destruction of waste oil as well as its storage and tipping above ground.
2. This Part does not apply to the treatment of—
(a) waste soil; or
(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991(43),
by means of mobile plant.
3. The reference to a D paragraph number in brackets at the end of paragraphs (c)(i) and (ii) is to the number of the corresponding paragraph in Annex IIA of the Waste Framework Directive (disposal operations).
(a) Recovering by distillation of any oil or organic solvent.
(b) Cleaning or regenerating carbon, charcoal or ion exchange resins by removing matter which is, or includes, any substance listed in paragraphs 6 to 8 of Part 1.
(c) Unless carried on as part of any other Part A activity, recovering hazardous waste in a plant with a capacity of more than 10 tonnes per day by means of the following operations—
the use principally as a fuel or other means to generate energy (R1),
solvent reclamation/regeneration (R2),
recycling/reclamation of inorganic materials other than metals and metal compounds (R5),
regeneration of acids or bases (R6),
recovering components used for pollution abatement (R7),
recovery of components from catalysts (R8),
oil re-refining or other reuses of oil (R9).
1. Paragraphs (a) and (b) of this Part do not apply to—
(a) distilling oil for the production or cleaning of vacuum pump oil; or
(b) an activity which is ancillary to and related to another activity, whether described in this Schedule or not, which involves the production or use of the substance which is recovered, cleaned or regenerated,
except where the activity involves distilling more than 100 tonnes per day.
2. This Part does not apply to the treatment of—
(a) waste soil; or
(b) contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991,
by means of mobile plant.
3. The reference to an R paragraph number in brackets at the end of paragraphs (c)(i) to (vii) is to the number of the corresponding paragraph in Annex IIB of the Waste Framework Directive (recovery operations).
(a) Making solid fuel (other than charcoal) from waste by any process involving the use of heat.
(a) Producing, in industrial plant, pulp from timber or other fibrous materials.
(b) Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.
(c) Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.
1. In paragraph (c), “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.
(a) Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.
(a) Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.
(a) The following activities—
distilling tar or bitumen in connection with any process of manufacture, or
heating tar for the manufacture of electrodes or carbon-based refractory materials,
where the activity is likely to involve the use in any period of 12 months of 5 or more tonnes of tar or of bitumen or both in aggregate.
(a) Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—
heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or
oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,
where the carrying on of the activity is likely to involve the use in any period of 12 months of 5 or more tonnes of tar or bitumen or both in aggregate.
1. In this Part “tar” and “bitumen” include pitch.
(a) Applying or removing a coating material containing any tributyltin compound or triphenyltin compound, if carried on at a shipyard or boatyard where vessels of a length of 25 metres or more can be built, maintained or repaired.
(b) Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.
(c) Treating textiles if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.
(a) Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.
(a) Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the repainting or re-spraying of or of parts of aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—
20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,
20 or more tonnes of any metal coating which is sprayed on in molten form,
25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or
5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).
(b) Unless falling within Part A(2) of this Section, repainting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonne of organic solvents in any period of 12 months.
(c) Repainting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any period of 12 months of—
20 or more tonnes of any paint or other coating material which is applied in solid form,
20 or more tonnes of any metal coatings which are sprayed on in molten form, or
5 or more tonnes of organic solvents.
1. In this Part—
“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.
2. The amount of organic solvents used in an activity must be calculated as—
(a) the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes; less
(b) any organic solvents that are removed from the process for re-use or for recovery for re-use.
3. When determining the extent of an installation carrying on an activity within Part B any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on must be ignored, unless that location forms part of an SED installation.
(a) Unless falling within Part A(1) or Part A(2) of any other Section—
manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any period of 12 months,
manufacturing any powder for use as a coating material where there is the capacity to produce 200 tonnes or more of such powder in any period of 12 months.
The Environmental Permitting (England and Wales) Regulations 2007