Regulation 3
1. After regulation 4(4A)(1) there shall be inserted the following paragraph—
“(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(2).”.
2. In Part B of Section 1.3 (combustion processes), in paragraph (e)(3), for the words “located with” there shall be substituted the words “used together with (whether or not it is operated simultaneously with)”.
3. In Part B of Section 2.1 (iron and steel), at the end of paragraph (d), there shall be added the following—
“; but a process does not fall within this paragraph if—
it is a process for heating iron, steel or any ferro-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;
it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant; and
it is not related to any other process described in this Part of this Section.”.
4. At the end of Section 2.1 there shall be added the following—
“In this Section “net rated thermal input” has the same meaning as in Section 1.3.”.
5. In Part B of Section 2.2 (non-ferrous metals)—
(a)in paragraph (a), after the words “non-ferrous metal alloy” there shall be inserted the words “(other than tin or any alloy which, in molten form, contains 50% or more by weight of tin)”;
(b)at the end of paragraph (e) there shall be added the following—
“; but a process does not fall within this paragraph if—
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
it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.”.
6. At the end of Section 2.2 there shall be added the following—
“In this Section “net rated thermal input” has the same meaning as in Section 1.3.”.
7. In Part B of Section 3.4 (other mineral processes), in paragraph (a), after the words “other size reduction” there shall be inserted the words “(other than the cutting of stone)”.
8. In Section 5.1 (incineration)(4), for the definition of “clinical waste” there shall be substituted the following definition—
““clinical waste” means waste (other than waste consisting wholly of animal remains) which falls within sub-paragraph (a) or (b) of the definition of such waste in paragraph (2) of regulation 1 of the Controlled Waste Regulations 1992(5) (or would fall within one of those sub-paragraphs but for paragraph (4) of that regulation).”.
9. In Part B of Section 6.5 (coating processes and printing), for paragraph (a)(iii)(cc) there shall be substituted the following—
“(cc)25 tonnes or more of organic solvents in respect of any cold set web offset printing process or any sheet fed offset litho printing process or, in respect of any other process, 5 tonnes or more of organic solvents.”.
10. In Section 6.5, for the words from “in calculating” to the end there shall be substituted the following—
“the amount of organic solvents used in a process shall be calculated as—
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
any organic solvents that are removed from the process for re-use or for recovery for re-use.”.
11. At the end of Section 6.6 (the manufacture of dyestuffs, printing ink and coating materials) there shall be added the words
“, and the amount of organic solvents used in a process shall 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 (not contained in coating materials) that are removed from the process for re-use or for recovery for re-use.”.
12. In Part B of Section 6.7 (timber processes)(6) —
(a)for the words “12 month period” to “500 cubic metres” there shall be substituted the following words—
“12 month period is likely to exceed—
10,000 cubic metres, in the case of works at which wood is sawed but at which wood is not subjected to any other relevant processes or is subjected only to relevant processes which are exempt processes; or
1,000 cubic metres in any other case.”;
(b)before the definition of “throughput” there shall be inserted the following—
“relevant processes other than sawing are “exempt processes” where, if no sawing were carried on at the works, the activities carried on there would be treated as not falling within this Part of this Section by virtue of regulation 4(2);”;
13. In Part B of Section 6.8 (processes involving rubber), in paragraph (a)(ii) after the word “synthetic” there shall be inserted the word “organic”.
14. In Section 6.9 (the treatment and processing of animal or vegetable matter)—
(a)at the end of the definition of “exempt process” (but before the word “and”)(7) there shall be added the following—
“(iv)any process carried on in connection with the operation of a knacker’s yard, as defined in article 3(1) of the Animal By-Products Order 1992(8);
(v)any process for the manufacture of soap not falling within a description in Part A of Section 4.2 of this Schedule;
(vi)the storage of vegetable matter otherwise than as part of any prescribed process;
(vii)the cleaning of shellfish shells;
(viii)the manufacture of starch;
(ix)the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds registered under article 10 of the Animal By-Products Order 1992;
(x)the salting of hides or skins, unless related to any other prescribed process;
(xi)any process for composting animal or vegetable matter or a combination of both, except where that process is carried on for the purposes of cultivating mushrooms;
(xii)any process for cleaning, and any related process for drying or dressing, seeds, bulbs, corms or tubers;
(xiii)the drying of grain or pulses;
(xiv)any process for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;”;
(b)after the definition of “exempt process” there shall be inserted the following definition—
““food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food;”.
15. In Schedule 2 to the principal Regulations, after paragraph 2A(9) there shall be inserted the following paragraphs—
“2B. 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.
2C. 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.”.
Regulation 4(4A) was inserted by S.I. 1992/614, Schedule 1, paragraph 2.
The International Standard Book Number (ISBN) in respect of BS 7258: Part 1: 1990 is 0 580 17977 X. Back [2]
Paragraph (e) was amended by S.I. 1992/614, Schedule 1, paragraph 7.
Section 5.1 was amended by S.I. 1992/614, Schedule 1, paragraph 9.
S.I. 1992/588.
Part B of Section 6.7 was amended by S.I. 1992/614, Schedule 1, paragraph 11.
The definition of “exempt process” was amended by S.I. 1993/1749, regulation 2(2).
S.I. 1992/3303.
Paragraph 2A was inserted by S.I. 1993/2405, regulation 3.