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ACTIVITIES AND INSTALLATIONS
PART 1
ACTIVITIES
PART I CHAPTER 1 : ENERGY INDUSTRIES
Section 1.1 : Combustion
PART A
(a) Burning any fuel in a combustion appliance with a rated thermal input of 50 megawatts or more.
(b) Burning any of the following fuels in an appliance with a [net] rated thermal input of three megawatts or more otherwise than as an activity which is related to a Part B activity-
(i) waste oil;
(ii) recovered oil;
(iii) any fuel manufactured from, or comprising, any other waste.
PART B
(a) Burning any fuel in a boiler or furnace with a net rated thermal input of 20 megawatts or more but less than 50 megawatts.
(b) Burning any fuel in a gas turbine or compression ignition engine with a net rated thermal input of 20 megawatts or more but less than 50 megawatts.
(c) Burning waste oil or recovered oil as a fuel in an appliance with a net rated thermal input of less than 3 megawatts.
(d) Burning solid fuel which has been manufactured from waste by a process involving the application of heat in an appliance with a net rated thermal input of less than 3 megawatts.
(e) Burning fuel manufactured from, or including waste, other than waste oil or recovered oil or such fuel as is mentioned in paragraph (d) in any appliance with a net rated thermal input of less than 3 megawatts but more than 0.4 megawatts or which is used together with other appliances, which each have a net rated thermal input of less than 3 megawatts, where the aggregate net rated thermal input of all the appliances is at least 0.4 megawatts.
In paragraph (e) of Part B of this Section, "fuel" does not include gas produced by biological degradation of waste; and for the purpose of this Section-
"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;
"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 and hydraulic; and
"Recovered oil" means waste oil which has been processed before being used.
Section 1.2 Refining Mineral Oil and Gas, Operating Coke Ovens and Coal Gasification and Liquefaction Activities.
PART A
(a) Refining gas including natural gas or its products
(b) Reforming natural gas.
(c) Operating a coke oven.
(d) Producing gas from coal, lignite, oil or other carbonaceous material or from mixtures thereof, other than from sewage, unless carried on as part of an activity which is a combustion activity, whether or not that activity falls within section 1.1 of this Schedule.
(e) Purifying or refining any product of any of the activities described in paragraphs (a) (b), (c) or (d) of this section or converting it into a different product.
(f) the refining of mineral oils or other physical, chemical or thermal treatment of-
(i) Crude oil;
(ii) Stabilised petroleum;
(iii) Crude shale oil;
(iv) Where related to another activity described in this paragraph, any associated gas or condensate;
(v) Emulsified hydrocarbons intended for use as a fuel.
(g) The further refining, conversion or use, in the manufacture of a chemical of the product of any activity listed in section (e) above, otherwise than as a fuel or solvent.
(h) 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 (as defined in Section 1.2) of mixtures thereof otherwise than with a view to making charcoal.
(i) Purifying or refining any of the products of an activity mentioned in paragraph (a) or its conversion into a different product.
Nothing in paragraph (h) or (i) refers to the use of any substance as a fuel or its incineration as a waste or to any activity for the treatment of sewage.
In paragraph (h), the heat treatment of oil does not include heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.
In this Section, "carbonaceous material" includes such materials as charcoal, coke, peat, rubber and wood.
PART B
(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 following activities:-
(i) 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;
(ii) 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 12 month period is unlikely to be equal to or greater than 100m3.
In this Part of this Section-
"inland waterway vessel" means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more;
"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;
"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; and
other expressions which are also used in European Parliament and Council 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 have the same meaning as in that Directive.
CHAPTER 2. PRODUCTION AND PROCESSING OF METALS
Section 2.1 Ferrous Metals
PART A
(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 ferrous alloys, including continuous casting, in an installation with a capacity exceeding 2.5 tonnes per hour
(c) Activities carried out to process ferrous metals and their alloys by-
(i) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;
(ii) operating hammers in a forge, the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 Megawatts where operated with another Part A activity.
(iii) applying protective fused metal coatings with an input exceeding 2 tonnes of crude steel per hour where operated with another Part A activity;
(d) Casting ferrous metal at an installation with an overall production capacity exceeding 20 tonnes per day where operated with another Part A activity.
(e) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12 month period of iron ore, except in the course of mining operations, or burnt pyrites.
(f) Handling slag carried out in conjunction with an activity described in this Section at another installation.
(g) Making, melting or refining iron, steel or any ferrous alloy at rate exceeding 2.5 tonnes per hour in-
(i) an electric arc furnace with a designed holding capacity of less than 7 tonnes; or
(ii) a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace or resistance furnace.
(h) Operating hammers in a forge, the energy of which exceeds 50 kilojoule per hammer, where the net thermal rated input exceeds 20 MW
(i) Applying protective fused metal coatings with an input exceeding 2 tonnes of crude steel per hour.
(j) Casting ferrous metal at an installation with a production capacity exceeding 20 tonnes per day
PART B
(a) Making, melting or refining iron, steel or any ferrous alloy at rate not exceeding 2.5 tonnes per hour in-
(i) an electric arc furnace with a designed holding capacity of less than 7 tonnes; or
(ii) a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace or resistance furnace.
(b) Any activity for the refining or making of iron, steel or any ferrous alloy at rate not exceeding 2.5 tonnes per hour in which air or oxygen or both are used, if related to an activity described in this Part of the Section.
In this Section "net rated thermal input" has the same meaning as in Section 1.1
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.
Section 2.2 Non-ferrous Metals
PART A
(a) Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities. In this paragraph "secondary material" includes scrap and other waste.
(b) Melting, including making alloys, of non-ferrous metals, including recovered products, refining, foundry casting, etc. in an installation with a melting capacity exceeding 4 tonnes per day for lead or cadmium (or- 20 tonnes per day for all other metals) and which has a design holding capacity of 5 tonnes or more.
(c) Refining any non-ferrous metal or its 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-
(i) the activity may result in the release into the air of lead; and
(ii) in the case of lead alloy, the percentage by weight of lead in the alloy in molten form exceeds 23% if the alloy contains [more than 5% of] copper and 2% in other cases.
(e) Recovering any of the elements listed below if the activity may result in their release into the atmosphere-
gallium;
indium;
palladium;
tellurium;
thallium.
(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 of both of those metals 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 which may result in concentrations of cadmium or any compound of cadmium in concentrations in water above background concentrations.
(h) Manufacturing or repairing involving the manufacture or use of beryllium or selenium or an alloy containing one or both of those metals if the process may release in to the air of any of the substances mentioned in [Schedule 4 to SI 472]; but an activity does not fall into this description by reason of it involving an alloy that contains beryllium if that alloy contains less than 0.1 per cent by weight of beryllium.
(i) Unless described elsewhere in this Section, melting, including making alloys, of non-ferrous metals, including recovered products, refining, foundry casting, etc. in an installation with a melting capacity exceeding 4 tonnes per day for lead or cadmium (or 20 tonnes per day for all other metals) and which has a design holding capacity of less than 5 tonnes.
PART B
(a) The heating in a furnace or any other application 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 that Part; but an activity does not fall within this paragraph if-
(i) 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
(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
(b) The fusion of calcined bauxite for the production of artificial corundum.
(c) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 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 not exceeding 20 tonnes per day.
In this Section "net rated thermal input" has the same meaning as in Section 1.1
Nothing in this Section shall be taken to prescribe the activities of hand soldering, flow soldering or wave soldering.
Section 2.3 Surface Treating Metals and Plastic Materials
PART A
Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3.
PART B
Any process for the surface treatment of metal is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within a description in PartAof this Section.
CHAPTER3. MINERAL INDUSTRIES
Section3.1 Production of Cement and Lime
PART A
(a) Producing Cement Clinker.
(b) Producing lime in kilns or other furnaces with a production capacity exceeding 50tonnes per day or where the activity is likely to involve the heating in any 12month period of 5,000tonnes of calcium carbonate or calcium magnesium carbonate.
PARTB
(a) Any of the following activities:-
(i) Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk;
(ii) Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixture, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.
(b) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.
(c) Heating calcium carbonate or calcium magnesium carbonate for the purpose of making lime where the activity is not likely to involve the heating in any 12month period of 5,000 tonnes or more of either substance or, in aggregate, both.
Section3.2 Activities Involving Asbestos
PART A
(a) Producing asbestos or manufacturing products based on or containing asbestos.
(b) Stripping asbestos from railway vehicles except-
(i) in the course of the repair or maintenance of the vehicle;
(ii) in the course of recovery operations following an accident; or
(iii) 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.
PARTB
The industrial finishing of any of the following products where not carried out in conjunction with manufacture-
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;
asbestos textiles.
In this Section "asbestos" includes any of the following fibrous silicates:-
actinolite, amosite, anthophylite, chrysotile, crocidolite and tremolite.
Section3.3 Glass and Glass Fibre Manufacture
PARTA
(a) Manufacturing glass fibre.
(b) Manufacturing glass frit or enamel fit where the aggregate quantity of such stances manufactured in any period of 12months is likely to be 100tonnes or more.
(c) Manufacturing glass, unless falling within a description in (a) or (b) above where the melting capacity exceeds 20tonnes per day.
PARTB
(a) Unless falling within a description in PartA of this Section-
(i) Manufacturing glass where the use of lead or any lead compound is involved;
(ii) Making any glass product where lead or any lead compound has been used in the manufacture of the glass except—
(1) making products from lead glass blanks;
(2) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.
(b) Polishing or etching glass or glass products in the course of any manufacturing activity if—
(i) hydrofluoric acid is used; or
(ii) hydrogen fluoride may be released into the air.
Section3.4 Production of Other Mineral Fibres
PARTA
(a) Melting mineral substances, including the production of mineral fibres, in an installation with a melting capacity exceeding 20tonnes per day.
(b) Manufacturing any fibre from any mineral.
PARTB
(a) Unless falling within any description in partA of this Schedule, 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:-
(i) crushing, grinding or otherwise breaking up coal or coke or any other coal product;
(ii) screening, grading or mixing coal, or coke or any other coal product;
(iii) 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 such activity as is 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.
In this Section—
"coal" includes lignite;
"designated mineral or mineral product" means
(i) clay, sand and any other naturally occurring mineral other than coal or lignite;
(ii) metallurgical slag;
(iii) boiler or furnace ash produced from the burning of coal, coke or any other coal product;
(iv) gypsum which is a by-product of any activity;
"exempt location" means-
(i) 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 12month period is in aggregate likely to be less than 10,000tonnes; or
(ii) 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.
Nothing in this Section applies to any activity carried on underground.
Section3.5 Ceramic Production
PARTA
Manufacturing ceramic products including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, by firing in kilns with a production capacity exceeding 75tonnes per day, or where the kiln capacity exceeds 4m_ and where the setting density of the kiln exceeds 300kg/m_
PARTB
(a) Firing heavy clay goods or refractory goods other than heavy clay goods in a kiln where the activity does not fall within a description in PartA of this Section.
(b) Vapour glazing earthenware or clay with salts.
In this Section—
"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.
CHAPTER4. THE CHEMICAL INDUSTRY
Production within the meaning of the categories of activities contained in PartA of the Sections in this Chapter means the production by chemical processing for commercial purposes of substances or groups of substances listed in Sections4.1 to 4.6.
Section4.1 Organic Chemicals
PARTA
(a) Producing or manufacturing in a chemical installation by chemical means organic chemicals including—
(i) hydrocarbons, linear or cyclic, saturated or unsaturated, aliphatic or aromatic;
(ii) Organic compounds containing oxygen, including alcohols, aldehydes, ketones, carboxylic acids, esters, ethers, peroxides, phenols, epoxy resins;
(iii) Organic compounds containing sulphur, including sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics;
(iv) Organic compounds containing nitrogen including amines, amides, nitrous-, nitro- or azo-compounds, nitrate, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers;
(v) organic compounds containing phosphorus including substituted phosphines and phosphate esters;
(vi) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides;
(vii) Organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls;
(viii) Plastic materials such as polymers, synthetic fibres and cellulose-based fibres;
(ix) Synthetic rubbers;
(x) Dyes and pigments;
(xi) Surface-active agents;
(xii) Any other organic compounds not described in paragraphs(i) to (xi) above which have the potential to pollute the environment.
(b) Polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity mentioned in paragraph(a), other than a pre-formulated resin or pre-formulated gel coat which contains any styrene, which is likely to involve, in any 12month period, the polymerisation or co-polymerisation of 50tonnes or more of any of those materials or, in aggregate, of any combination of those materials.
(c) Carrying out any activity involving-
(i) the use of 1tonne or more of toluene di-isocyanate or partly polymerised toluene di-isocyanate or other di-isocyanate compounds which have comparable volatility in any 12month period;
(ii) the use of 5tonnes or more of methyl di-isocyanate or partly polymerised methyl di-isocyanate or other di-isocyanate compounds which have comparable volatility in any 12month period,
where the activity may result in a release into the air which contains such a di-isocyanate monomer.
(d) The flame bonding of polyurethane foams or polyurethane elastomers, and the hot wire cutting of such substances where such cutting is related to any other PartA activity.
(e) Recovering-
(i) carbon disulphide;
(ii) pyridine, or any substituted pyridines.
(f) Recovering or purifying any designated acrylate.
In this Part of this Section, "designated acrylate" means any of the following, namely, acrylic acid, substituted acrylic acids, the esters of acrylic acid and the esters of substituted acrylic acids.
PART B
(a) Carrying out any activity involving-
(i) the use of less than 1 tonne of toleune di-isocyanate or partly polymerised toluene di-isocyanate or other di-isocyanate compounds which have comparable volatility in any 12 month period;
(ii) the use of less than 5 tonne of methyl di-isocynate or partly polymerised di-isocynate or other di-isocynate compounds which have comparable volatility in any 12 month period,
where the activity may result in a release into the air which contains such a di-isocyanate monomer.
(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 styrene, which is likely to involve, in any 12month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene.
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.
Section 4.2 Inorganic Chemicals
PART A
(a) Producing or manufacturing in a chemical installation by chemical means inorganic chemicals including -
(i) Gases, including ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide and hydrogen sulphide, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, phosgene;
(ii) Acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum and chlorosulphonic acid;
(iii) Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide and calcium hydroxide;
(iv) Salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate;
(v) Non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide;
(vi) Halogens or any compound comprising only -
(1) two or more of halogens; or
(2) any one or more of those halogens and oxygen.
(b) Any manufacturing activity which uses, or which is likely to result in the release into the air or into water of, any halogens or any of the compounds mentioned in paragraph(a)(vi), other than the use of any of them as a pesticide as defined in Schedule5 of SI1472 as amended.
(c) Any manufacturing activity which uses or is likely to result in the release of hydrogen cyanide or hydrogen sulphide other than in the course of fumigation.
(d) Producing any compounds, using or recovering any mixture, other than the application of a glaze or vitreous enamel, containing any of the following or their compounds-
antimony;
arsenic;
beryllium;
gallium;
indium;
lead;
palladium;
platinum;
selenium;
tellurium;
thallium;
chromium;
manganese;
nickel;
zinc;
cadmium; or
mercury.
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 [described in Schedule5 of SI1472 as amended] in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to the description of substance in column2 of that Schedule.
(e) Recovering any compound of or engaging in any process of manufacture which involves the use of cadmium or mercury or of any compound of either of those elements or which may result in the release of either of those elements to air of their compounds.
(f) Manufacturing or recovering carbon disulphide or operating a manufacturing activity which may result in the release of carbon disulphide into the air.
(g) Any of the following activities, operated at installations not otherwise described under this part of this Schedule-
(i) Recovering, concentrating or distilling sulphuric acid or oleum;
(ii) Recovering nitric acid;
(iii) Purifying phosphoric acid;
(iv) Any activity of manufacture (other than the manufacture of chemicals) involving the use of any hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids which may result in the release of any of those compounds into the air, other than the coating, plating or surface treatment of metal;
(v) Recovering ammonia;
(vi) Extracting any magnesium compound from sea water.
PART B
NIL
Section 4.3 Chemical Fertiliser Production
PART A
(a) Producing phosphorous, nitrogen or potassium based fertilisers.
(b) Converting chemical fertilisers into granules.
In this Section, "producing" shall be taken to include any blending which is related to their manufacture.
PART B
NIL
Section 4.4 Biocide Production
PART A
Producing, and formulating plant health products and biocides.
PART B
NIL
Section 4.5 Pharmaceutical Production
PART A
(a) Producing pharmaceutical products using a chemical or biological process.
(b) Formulating such products where this results in the release of substances in any quantity which in any period of 12 month exceeds the background quantity by more than [the amount set out in Schedule5 to SI472.]
PART B
NIL
Section 4.6 Explosives Production
PART A
Producing explosives, unless described elsewhere in this Chapter
PART B
NIL
Section 4.7 The storage of chemicals in bulk
PART A
NIL
PART B
The storage, other than in a tank for the time being forming part of a powered vehicle, of any of the substances listed below except where the total 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;
any one or more acrylates 20 tonnes
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.
In this Section "designated acrylate" has the same meaning as in Section4.1 (h).
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