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5.1 As noted in paragraphs 3.2 and 3.3 above, IPC will apply to certain processes and substances prescribed for this purpose by the Secretary of State. The processes and substances to which IPC will for the time being apply are set out in S1472 as amended.
Prescribed Processes
5.2 The list of prescribed processes is in Schedule 1 to the Regulations and is summarised at Annex A to this guidance. The Schedule is divided into 'Part A' and 'Part W. 'Part A' processes are those prescribed for IPC; 'Part B' processes are those for local authority air pollution control and are the subject of separate guidance issued by the Secretary of State.
5.3 The list of processes in Schedule 1 should, in particular, be read in conjunction with regulation 4 and Schedule 2 to S1472.
5.4 Regulation 4 excludes certain processes from control even though they are listed in the Schedule. These are processes which for example
5.5 Background concentration for water is defined in regulation 4(7). In effect, release from the process which adds to the concentration of relevant substances in the incoming water (whether it is supplied through the tap, obtained by abstraction, results from rainfall on site or is secured in some other way) would be regarded as increasing the background concentration.
5.6 Schedule 2 contains rules for interpretation of Schedule 1, including rules for determining the appropriate description of process to be used in particular circumstances.
5.7 Generally, a "process" should be taken to be all operations undertaken by the same person at the same location, including operations, related to the main process, which fall within the same section in Schedule 1 to the Regulations. Thus, for example:
a. three hot blast cupolas operated by the same person (ie the authorisation holder) at the same location would constitute one iron and steel process for local authority air pollution control and require one authorisation.
b. three hot blast cupolas and an iron and steel refining operation operated by the same person (ie the authorisation holder) at the same location would constitute one iron and. steel process for central control under IPC and require one authorisation. If the cupolas and the iron and steel refining operation were operated by separate persons at the same location, they would each require a separate authorisation.
c.one glass manufacturing operation and one coating operation operated by the same person (ie the authorisation holder) at the same location would constitute two processes and require two authorisations. Depending on whether the operations fell within Part A or Part B of Schedule 1 to the Regulations, the processes could (i). both fall to local authority air pollution control; (ii). both fall to central control; or (iii). be split between the two control regimes.
In all the above examples, the authorisation (s) would cover related operations (such as receipt and handling of raw materials, waste and finished products) provided they were undertaken by the same person at the same location. The rules in Schedule 2 to the Regulations provide for exceptions to the above in certain cases. If operators are uncertain whether their processes come under Part A of Part B they should contact either the local authority concerned or the appropriate enforcing authority.
5.8 More specifically, the main points covered by Schedule 2 are as follows:
Rule 1 The rules in Schedule 2 do not override any specific Provision in Schedule 1.
Rule 2. All descriptions of processes in Schedule 1 include any other process carried on at the same location and by the same person and as part of the described process. This does not apply where the processes fall within different Sections of Schedule 1.
Rule 3. Where a process comprises two or more processes described in the same Section of Schedule 1 and those processes are operated by the same person at the same location, this is to be treated as a single process warranting one authorisation. If any of the processes falls within Part A of the Section, all will be subject to central control by the appropriate enforcing authority.
Rule 4. Where a process could be covered by more than one description in Schedule 1, it should be treated as ng within the one which most aptly fits the process. Also, where a process overlaps two or more of the Sections in Chapter 4 of the Schedule, rule 4 provides an order of priority.
Rule 5. Sets out certain exceptions to the other rules in the case of certain storage and handling operations.
Rule 6. This includes the unloading of coal for a prescribed process as part of that process, even where the unloading is carried out by someone other than the process operator.
Rule 7. Where, because of use of different fuels or materials or disposal of different wastes, a process (using the same plant or machinery) at some times falls within Part A and other times within Part B, the process should at all times be treated as a Part A process. Similarly, where a process at some e s within either Part A or Part B and at other times is not covered by a description in Schedule 1, the process should at all times be treated as a Part A or Part B process (as appropriate).
Rule 8. Chapter 5 of Schedule 1 covers waste disposal and recycling. However some other prescribed processes may also use waste, whether as a fuel or otherwise. This rule provides that, in such cases, the process description concerned includes the disposal or treatment of waste in that process, regardless of the origin of the waste.
Rule 9. A number of descriptions of process in Schedule 1 include a reference to "related" processes. These references should be interpreted as references to processes carried on by the same person and at the same location.
Rule 10. "Special waste" is defined as meaning waste which is the subject of Regulations under section 17 of the Control of Pollution Act 1974 or section 62 of the Environmental Protection Act.
Rule 11. Where processes are described in Schedule 1 by reference to whether there is a potential for releases of prescribed air or water substances, this does not affect the exemptions in regulation 4(1) and (2) (see paragraph .5.4 above).
These rules may be expected to be amended by Regulations from time to time in the light of experience.
Prescribed Substances
5.9 IPC is concerned with the control of releases to all three environmental media - air, water and land (as defined in Section 1 of the Act) - S1472 lists the substances which are most potentially harmful or polluting when released into the environment [see Annex B]. If a process is subject to control under IPC, not only are these substances subject to the requirements of the Act, for example that measures must be taken to ensure that BATNEEC is used to prevent their release, but so also are all other substances which might cause harm if released into any medium.
5.10 There are three separate lists of prescribed substances according to whether the substance is to be controlled in relation to air, water or land releases. The lists of prescribed substances are in Schedules 4 (air, 5 (water) and 6 (land) of S1472.
Implementation/Transitional Arrangements
5.11 Schedule 3 of the Regulations sets out the transitional arrangements, including the dates by which applications must be received. For IPC processes they are as follows:
a. no new process (ie one which is not "existing") may operate after 1 April 1992 without an authorisation. An "existing process" is one which (i) was being carried on at some time in the 12 months prior to 1 April 1992, or (ii). is under construction, or is being commissioned, or is the subject of a construction contract before 1 April 1992. (For mobile plant, an "existing process" includes one which is under manufacture or is the subject of a suppIv contract before 1 April 1992). A process which closes down for more than 12 months between 1 April 1991 and the last date by which application for authorisation is required (see c. below), is not to be treated as an existing process.
b. no existing process which has been the subject of a substantial change after 1 April 1992 should be operated without first being authorised ' except where the changes are under construction or in the course of commissioning on 1 April 1992 or where a construction contract was entered into before 1 April 1992. 11Substan c gel' is defined in section 10(7) of the Act and guidance on its interpretation is given in paragraphs 8.9 and 8.10 below.
c. operators of existing processes must apply for authorisation within a period specified in -the Schedule. The last dates for applications are o listed in Annex.
5.12 If an application is made within the application period specified in Schedule 3 to the Regulations, the process may continue to operate under existing legislative controls, pending a decision on the application. If no application is made within the specified period, continued operation after expiry of the period without an authorisation would be an offence under section 23(1)(a) of the Act.
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