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(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.
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.
(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 .
(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 or, in Scotland, section 135(1) of the Education (Scotland) Act 1980 .
(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.
(1) The descriptions of processes set out in Schedule 1 under the heading ‘Part A’ are designated pursuant to section 2(4) of the Act for central control.
(2) The descriptions of processes set out in Schedule 1 under the heading ‘Part B’ are so designated for local control.
(1) The description of substances set out in Schedule 4 are prescribed pursuant to section 2(5) of the Act as substances the release of which into the air is subject to control under sections 6 and 7 of the Act.
(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 sections.
(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 sections.
These rules apply for the interpretation of Schedule 1 subject to any specific provision to the contrary in that Schedule.
(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.
Notwithstanding the rule set out in paragraph 2, where a combustion process described in Part A of Section 1.3 of Schedule 1(a) is operated, or where one or more boilers, furnaces or other combustion appliances which are operated as part of a process so described are operated, as an inherent part of and primarily for the purpose of a process described in Part A of Section 1.1, Part A of Section 1.4 , Part A of Section 2.1, Part A of Section 6.3 or Part A of any Section of Chapter 4 of that Schedule (“the other process”), that combustion process or, as the case may be, the operation of those boilers, furnaces or appliances shall be treated as part of the other process and not as, or as part of, a separate combustion process.
Notwithstanding the rule set out in paragraph 2, where a process of reforming natural gas described in paragraph (a) of Part A of Section 1.1 of Schedule 1 is carried on as an inherent part of and primarily for the purpose of producing a feedstock for a process described in Part A of any Section of Chapter 4 of that Schedule (“the other process”), that reforming process shall be treated as part of the other process and not as a separate process.
Nothwithstanding the rule set out in paragraph 2, where the same person carries on at the same location two or more Part B processes described in the provisions of Schedule 1 mentioned in any one of the following sub-paragraphs, those processes shall be treated as requiring authorisation as a single process falling within Part B of the Section first mentioned in the relevant sub-paragraph—
(a) Section 2.1 and Section 2.2;
(b) Section 3.1 and Section 3.4;
(c) Section 3.6 and Section 3.4;
(d) Section 6.5 and Section 6.6;
(e) Section 6.7 and paragraph (e) of Part B of Section 1.3 insofar as it relates to any process for the burning of waste wood.
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.
Where a person carries on a process which includes two or more processes described in Part A of different Sections of Chapter 4 of Schedule 1, those processes shall be treated as a single process falling within a description determined in accordance with the rule set out in paragraph 4.
(1) Where paragraph 3A does not apply, but—
(a) two or more processes falling within descriptions in Part A of any Sections of Chapter 4 of Schedule 1 are carried on at the same location by the same person; and
(b) the carrying on of both or all of those processes at that location by that person is not likely to produce more than 250 tonnes of relevant products in any 12 month period,
those processes shall be treated as a single process falling within the description in whichever relevant Section is first mentioned in the sequence set out in paragraph 4.
(2) In sub-paragraph (1), “relevant products” means any products of the processes in question, other than—
(a) solid, liquid or gaseous waste;
(b) by-products, if the total value of all such by-products is insignificant in comparison to the total value of the output of the processes; or
(c) any substance or material retained in or added to the final product formulation, not as an active ingredient, but as a diluent, stabiliser or preservative or for a similar purpose.
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.
Notwithstanding the rule set out in paragraph 4, where a process falls within the description in paragraph (bb) of Part A of Section 5.1 of Schedule 1 and Part B of any other Section in that Schedule, that process shall be regarded as falling only within the description in paragraph (bb) of Part A of Section 5.1.
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.
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.
(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.
The reference to “any other process” in paragraph 2 and the references to “other processes” in paragraph 7 do not include references to a process (other than one described in Schedule 1) of loading or unloading any ship or other vessel.
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.
The rule in paragraph 8 shall not apply in the case of the incineration of hazardous waste in an incineration plant, as described in paragraph (bb) of Part A of Section 5.1 of Schedule 1, when the prescribed process is a Part B process.
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
This Part of this Schedule applies in the case of a Part A process carried on in England or Wales.
The prescribed date in the case of a Part A process is, except in the case of an existing process, 1st April 1991.
(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.
Application for authorisation to carry on an existing process shall be made in the relevant period specified in the following Table—
TABLE
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 .
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.
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.
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.
This Part of this Schedule applies in the case of a Part B process carried on in England or Wales.
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.
(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.
Application for authorisation for an existing process shall be made in the relevant period determined in accordance with the following Table—
TABLE
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 .
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.
This Part of this Schedule applies in the case of a Part A process carried on in Scotland.
The prescribed date in the case of a Part A process is, except in the case of an existing process, 1st April 1992.
(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.
Application for authorisation to carry on an existing process shall be made in the relevant period specified in the following Table—
TABLE
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 .
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.
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.
This Part of this Schedule applies in the case of a Part B process carried on in Scotland.
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.
(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.
Application for authorisation for an existing process shall be made in the relevant period specified in the following Table—
TABLE
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1991-472
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