- Statutory Rule 1998 No. 28
The Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998
© Crown Copyright 1998
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| Made | 2nd February 1998 | ||
| Coming into operation | 2nd March 1998 |
The Department of the Environment, in exercise of the powers conferred on it by Article 3 of the Industrial Pollution Control (Northern Ireland) Order 1997[1] and of every other power enabling it in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These regulations may be cited as the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998, and shall come into operation on 2nd March 1998.
Interpretation
2. In these regulations: -
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"the Order" means the Industrial Pollution Control (Northern Ireland) Order 1997;
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"background concentration" has the meaning given to that term in regulation 4(9);
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"Part A process" means a process falling within a description set out in Schedule 1 under the heading "Part A";
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"Part B process" means a process falling within a description so set out under the heading "Part B";
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"Part C process" means a process falling within a description so set out under the heading "Part C";
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"integrated central control", "restricted central control" and "local control" have the same meaning as in Article 5 of the Order; and
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"particulate matter" means grit, dust, or fumes.
Prescribed Processes
3.
- (1) Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 are prescribed pursuant to Article 3(1) of the Order, as processes for the carrying on of which after the prescribed date an authorisation is required under Article 6 of the Order.
(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.
Exceptions
4.
- (1) Subject to paragraph (8), a process shall not be taken to be a Part A process if it has the following characteristics, namely -
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(a) 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
(b) that it cannot result in the release into water of any substance prescribed by regulation 6(2) except -
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(i) in a concentration which is no greater than the background concentration; or
(ii) 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
(c) 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 (8), a process shall not be taken to be a Part B or a Part C process unless it will, or there is the 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(a).
(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 by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986[2].
(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.
(5) 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.
(6) 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 -
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(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.
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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.
(7) 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.
(8) 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.
(9) In these Regulations -
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"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 (10) ; and
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"background quantity" means such quantity of the relevant substance as is referred to in paragraph (10).
(10) The concentration or, as the case may be, quantity mentioned in paragraph (9) is such concentration or quantity as is present in -
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(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.
- (1) The descriptions of processes set out in Schedule 1 under the heading "Part A" are designated pursuant to Article 3 of the Order for integrated central control.
(2) The descriptions of processes set out in Schedule 1 under the heading "Part B" are so designated for restricted central control.
(3) The descriptions of processes set out in Schedule 1 under the heading "Part C" are so designated for local control.
Prescribed substances: release into the air, water, or land
6.
- (1) The descriptions of substances set out in Schedule 4 are prescribed pursuant to Article 3(5) of the Order as substances the release of which into the air is subject to control under Articles 6 and 7 of the Order.
(2) The descriptions of substances set out in column 1 of Schedule 5 are so prescribed as substances the release of which into water is subject to control under those Articles.
(3) The descriptions of substances set out in Schedule 6 are so prescribed as substances the release of which into land is subject to control under those Articles.
Sealed with the Official Seal of the Department of the Environment on
L.S.
R. W. Rogers
Assistant Secretary
2nd February 1998.
Section 1.1
Gasification and associated Processes
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(a) Reforming natural gas.
(b) Refining natural gas if that process is related to another Part A process or is likely to involve the use in any 12 month period of 1000 tonnes or more of natural gas.
(c) Producing gas from coal, lignite oil or other carbonaceous material or from mixtures thereof other than from sewage or the biological degradation of waste, unless carried on as part of a process which is a combustion process (whether or not that process falls within Section 1.3 of this Schedule).
(d) Odorising natural gas or liquefied petroleum gas if that process is related to another Part A process.
(e) Purifying or refining any product of a process described in paragraphs (a), (c) or (d) or converting it into a different product.
In this Section "carbonaceous material" includes materials such as charcoal, coke, peat and rubber.
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(a) Blending odorant for use with natural gas or liquefied petroleum gas.
(b) Odorising natural gas or liquefied petroleum gas, except where that process is related to a Part A process.
(c) Any process for refining natural gas not falling within paragraph (b) of Part A of this Section.
In paragraph (c) of Part B of this Section, "refining natural gas" does not include refining mains gas.
Nil
Section 1.2
Carbonisation and associated Processes
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(a) The pyrolysis, carbonisation, distillation, liquefaction, partial oxidation or other heat treatment of coal (other than the drying of coal), lignite, oil, other carbonaceous material (as defined in Section 1.1) or mixtures thereof otherwise than with a view to gasification or making of charcoal.
(b) The purification or refining of any of the products of a process mentioned in paragraph (a) or its conversion into a different product.
Nothing in paragraph (a) or (b) refers to the use of any substance as a fuel or its incineration as a waste or to any process for the treatment of sewage. In paragraph (a), the heat treatment of oil does not include heat treatment of waste oil or waste emulsions containing oil in order to recover the oil.
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(a) Burning any fuel in a combustion appliance with a net rated thermal input of 50 megawatts or more.
For the purposes of this paragraph, where -
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(i) two or more boilers or furnaces with an aggregate net rated thermal input of 50 megawatts or more (disregarding any boiler or furnace with a net rated thermal input of less than 3 megawatts); or
(ii) two or more gas turbines or compression ignition engines with an aggregate net rated thermal input of 50 megawatts or more (disregarding any such turbine or engine with a net rated thermal input of less than 3 megawatts),
are operated by the same person at the same location those boilers or furnaces, or, as the case may be, those turbines or engines, shall be treated as a single combustion appliance with a net rated thermal input of 50 megawatts or more.
(b) 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 or Part C process -
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(i) waste oil;
(ii) recovered oil;
(iii) any fuel manufactured from, or comprising, any other waste.
Nothing in this Part of this Section applies to the burning of any fuel in a boiler, furnace or other appliance with a net rated thermal input of less than 3 megawatts.
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(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 (b) of Part A and paragraph (e) of Part C, "fuel" does not include gas produced by biological degradation of waste; and for the purposes of this Section -
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"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
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"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, hydraulic oil; and
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"recovered oil" means waste oil which has been processed before being used.
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(a) The loading, unloading or other handling of, the storage of, or the physical, chemical or thermal treatment of -
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(i) crude oil;
(ii) stabilised crude petroleum;
(iii) crude shale oil;
(iv) if related to another process in this paragraph, any associated gas or condensate.
(b) Any process not falling within any other description in this Schedule by which the product of any process described in paragraph (a) is subject to further refining or conversion or is used (otherwise than as a fuel or solvent) in the manufacture of a chemical.
The following processes unless falling within a description in Part A of this Section -
The storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from road tankers, rail tankers or inland waterway vessels at a terminal.
In this part of this Section -
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"petrol" means any petroleum derivative, with or without additives, having a reid vapour pressure of 27.6 kilopascals or more which is intended for use as a fuel for motor vehicles, other than liquefied petroleum gas.
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"terminal" means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels;
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"inland waterway vessel" means a vessel other than a sea-going vessel, having a total dead weight of 15 tonnes or more.
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(a) Loading, unloading or otherwise handling or storing iron ore except in the course of mining operations.
(b) Loading, unloading or otherwise handling or storing burnt pyrites.
(c) Crushing, grading, grinding, screening, washing or drying iron ore or any mixture of iron ore and other materials.
(d) Blending or mechanically mixing grades of iron ore or iron ore with other materials.
(e) Pelletising, calcining, roasting or sintering iron ore or any mixture of iron ore and other materials.
(f) Making, melting or refining iron, steel or any ferrous alloy in an electric arc furnace with a designated holding capacity of 5 tonnes or more, or in any furnace other than a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace or resistance furnace.
(g) Any process for the refining or making of iron, steel or any ferrous alloy in which air or oxygen or both are used unless related to a process described in Part B or Part C of this Section.
(h) The desulphurisation of iron, steel or any ferrous alloy made by a process described in this Part of this Section.
(i) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering from scrap cable), if related to another process described in this Part of this Section.
(j) Any foundry process (including ancillary foundry operations such as the manufacture and recovery of moulds, the reclamation of sand, fettling, grinding and shot-blasting) if related to another process described in this Part of this Section.
(k) Handling slag in conjunction with a process described in paragraph (f) or (g).
(l) Any process for rolling iron, steel or any ferrous alloy carried on in relation to any process described in paragraph (f) or (g), and any process carried on in conjunction with such rolling involving the scarfing or cutting with oxygen of iron, steel or any ferrous alloy.
Nothing in paragraph (a) or (b) of this Part of this Section applies to the handling or storing of other minerals in association with the handling or storing of iron ore or burnt pyrites.
A process does not fall within paragraph (a), (b), (c) or (d) of this Part of this Section unless -
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(i) it is carried on as part of or is related to a process falling within a paragraph of this Part of this Section other than paragraph (a), (b), (c) or (d); or
(ii) it consists of, forms part of or is related to a process which is likely to involve the unloading in any 12 month period of more than 500,000 tonnes of iron ore or burnt pyrites or, in aggregate, both.
(a) Any process not described in Part A of this Section for making, melting or refining iron, steel or any ferrous alloy where the designed holding capacity of molten metal is 5 tonnes or more.
(b) Any process for the refining or making of iron, steel or any ferrous alloy in which air or oxygen or both are used, if related to a process described in this Part of this Section.
(c) The desulphurisation of iron, steel or any ferrous alloy made by a process described in this Part of this Section.
(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), if related to another process described in this Part of this Section.
(e) Any foundry process (including ancillary foundry operations such as the manufacture and recovery of moulds, the reclamation of sand, fettling, grinding and shot-blasting) if related to another process described in this Part of this Section.
(f) Any process involving the casting of iron, steel or any ferrous alloy from deliveries of 50 tonnes or more at one time of molten metal.
Any of the following processes, not described in Parts A or B of this Section:
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(a) Making, melting or refining iron, steel or any ferrous alloy in an electric arc furnace, a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace or resistance furnace with a designed holding capacity of less than 5 tonnes.
(b) Any process for the refining or making of iron, steel or any ferrous alloy in which air or oxygen or both are used, if related to a process described in this Part of this Section.
(c) The desulphurisation of iron, steel or any ferrous alloy, if the process does not fall within paragraph (h) of Part A or paragraph (c) of Part B of this Section.
(d) Any such process as is described in paragraph (i) of Part A or paragraph (d) of Part B above, if not falling within those paragraphs; but a process does not fall within this paragraph if -
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(i) it is a process for heating iron, steel or any ferrous alloy in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts;
(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and
(iii) it is not related to any other process described in this Part of this Section.
(e) Any foundry process (including ancillary foundry operations such as the manufacture and recovery of moulds, the reclamation of sand, fettling, grinding, and shot-blasting) if related to another process described in this Part of this Section.
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.
In this Section "net rated thermal input" has the same meaning as in Section 1.3.
In this Section and Section 2.2, "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 below, and "non-ferrous metal alloy" shall be construed accordingly.
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(a) The extraction or recovery from any material -
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(i) by chemical means or the use of heat of any non-ferrous metal or alloy of non-ferrous metal or any compound of a non-ferrous metal; or
(ii) by electrolytic means, of aluminium,
if the process may result in the release into the air of particulate matter or any metal, metalloid or any metal or metalloid compound or in the release into water of a substance described in Schedule 5 and is not a process for the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.
In this paragraph "material" includes ores, scrap and other waste.
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(b) The mining of zinc or tin where the process may result in the release into water of cadmium or any compound of cadmium.
(c) The refining of any non-ferrous metal (other than the electrolytic refining of copper) or non-ferrous metal alloy except where the process is related to a process falling within one or more of the following descriptions -
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(i) the making or melting of any non-ferrous metal or non-ferrous metal alloy where the designed holding capacity of molten metal is less than 5 tonnes;
(ii) melting zinc or a zinc alloy in conjunction with a galvanising process; or
(iii) melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die casting process.
(d) Any process, for making or melting any non-ferrous metal or non-ferrous metal alloy where the designed holding capacity of molten metal is 5 tonnes or more other than any of the following processes -
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(i) melting zinc, aluminium or magnesium or any alloy of one or more of these metals in conjunction with a die casting process;
(ii) melting zinc or a zinc alloy in conjunction with a galvanising process; or
(iii) the separation of copper, aluminium, magnesium or zinc from mixed scrap by differential melting.
(e) Any process for producing, melting or recovering by chemical means or by the use of heat, lead or any lead alloy, if -
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(i) the process may result in the release into the air of particulate matter or smoke which contains lead; and
(ii) in the case of lead alloy, the percentage by weight of lead in the alloy in molten form exceeds 23 per cent. if the alloy contains copper and 2 per cent. in other cases.
(f) Any process for recovering any of the elements listed below if the process may result in the release into the air of particulate matter or smoke which contains any of those elements -
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gallium
indium
palladium
tellurium
thallium.
(g) Any process for 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 of both of those metals in aggregate.
(h) Any manufacturing or repairing process involving the manufacture or use of beryllium or selenium or an alloy of one or both of those metals if the process may occasion the release into the air of any substance described in Schedule 4; but a process does not fall within this paragraph by reason solely of its involving the melting of an alloy of beryllium if that alloy contains less than 0.1 per cent by weight of beryllium in molten form and the process falls within one or more of the following descriptions -
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(i) the making or melting of any non-ferrous metal or non-ferrous metal alloy where the designed holding capacity of molten metal is less than 5 tonnes; or
(ii) the melting of zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die casting process.
(i) The heating in a furnace or 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 related to another process described in this Part of this Section.
(j) Any foundry process (including ancillary foundry operations such as the manufacture and recovery of moulds, the reclamation of sand, fettling, grinding and shot-blasting) if related to another process described in this Part of this Section.
(k) Pelletising, calcining, roasting or sintering any non-ferrous metal ore or any mixture of such ore and other materials.
Notes:
[1] S.I. 1997/2777 (N.I. 18) back
[2] S.I. 1986/594 (N.I. 3)back
