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The Environmental Permitting (England and Wales) Regulations 2007

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CHAPTER 6Other Activities

SECTION 6.1Paper, Pulp and Board Manufacturing Activities
Part A(1)

(a)Producing, in industrial plant, pulp from timber or other fibrous materials.

(b)Producing, in industrial plant, paper and board where the plant has a production capacity of more than 20 tonnes per day.

(c)Any activity associated with making paper pulp or paper, including activities connected with the recycling of paper such as de-inking, if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

Interpretation of Part A(1)

1.  In paragraph (c), “paper pulp” includes pulp made from wood, grass, straw and similar materials and references to the making of paper are to the making of any product using paper pulp.

Part A(2)

(a)Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.

SECTION 6.2Carbon Activities
Part A(1)

(a)Producing carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.

SECTION 6.3Tar and Bitumen Activities
Part A(1)

(a)The following activities—

(i)distilling tar or bitumen in connection with any process of manufacture, or

(ii)heating tar for the manufacture of electrodes or carbon-based refractory materials,

where the activity is likely to involve the use in any period of 12 months of 5 or more tonnes of tar or of bitumen or both in aggregate.

Part B

(a)Any activity not falling within Part A(1) of this Section or of Section 6.2 involving—

(i)heating, but not distilling, tar or bitumen in connection with any manufacturing activity, or

(ii)oxidising bitumen by blowing air through it, at plant where no other activities described in any Section in this Schedule are carried on,

where the carrying on of the activity is likely to involve the use in any period of 12 months of 5 or more tonnes of tar or bitumen or both in aggregate.

Interpretation of Part B

1.  In this Part “tar” and “bitumen” include pitch.

SECTION 6.4Coating Activities, Printing and Textile Treatments
Part A(1)

(a)Applying or removing a coating material containing any tributyltin compound or triphenyltin compound, if carried on at a shipyard or boatyard where vessels of a length of 25 metres or more can be built, maintained or repaired.

(b)Pre-treating (by operations such as washing, bleaching or mercerization) or dyeing fibres or textiles in plant with a treatment capacity of more than 10 tonnes per day.

(c)Treating textiles if the activity may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in that paragraph in relation to that substance.

Part A(2)

(a)Unless falling within Part A(1) of this Section, surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, in plant with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

Part B

(a)Unless falling within Part A(1) or Part A(2) of this Section or Part A(2)(c) of Section 2.1, any process (other than for the repainting or re-spraying of or of parts of aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the process may result in the release into the air of particulate matter or of any volatile organic compound and is likely to involve the use in any period of 12 months of—

(i)20 or more tonnes of printing ink, paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coating which is sprayed on in molten form,

(iii)25 or more tonnes of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

(iv)5 or more tonnes of organic solvents in respect of any activity not mentioned in sub-paragraph (iii).

(b)Unless falling within Part A(2) of this Section, repainting or re-spraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use of 1 or more tonne of organic solvents in any period of 12 months.

(c)Repainting or re-spraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity is likely to involve the use in any period of 12 months of—

(i)20 or more tonnes of any paint or other coating material which is applied in solid form,

(ii)20 or more tonnes of any metal coatings which are sprayed on in molten form, or

(iii)5 or more tonnes of organic solvents.

Interpretation and application of Part B

1.  In this Part—

“aircraft” includes gliders and missiles;

“coating material” means paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating and any other coating material.

2.  The amount of organic solvents used in an activity must 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 that are removed from the process for re-use or for recovery for re-use.

3.  When determining the extent of an installation carrying on an activity within Part B any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried on must be ignored, unless that location forms part of an SED installation.

SECTION 6.5The Manufacture of Dyestuffs, Printing Ink and Coating Materials
Part B

(a)Unless falling within Part A(1) or Part A(2) of any other Section—

(i)manufacturing or formulating printing ink or any other coating material containing, or involving the use of, an organic solvent, where the carrying on of the activity is likely to involve the use of 100 or more tonnes of organic solvents in any period of 12 months,

(ii)manufacturing any powder for use as a coating material where there is the capacity to produce 200 tonnes or more of such powder in any period of 12 months.

Interpretation of Part B

1.  In this Part, “coating material” has the same meaning as in Section 6.4.

2.  The amount of organic solvents used in an activity must be calculated as—

(a)the total input of organic solvents into the process, including both solvents contained in coating materials and solvents 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.

SECTION 6.6Timber Activities
Part A(1)

(a)Curing, or chemically treating, as part of a manufacturing process, timber or products wholly or mainly made of wood if any substance in paragraph 7 of Part 1 is used.

Part B

(a)Unless falling within Part A(2) of Section 6.1, manufacturing products wholly or mainly of wood at any works if the activity involves a relevant activity and the throughput of the works in any period of 12 months is likely to be more than—

(i)10,000 cubic metres in the case of works at which wood is only sawed, or wood is sawed and subjected to excluded activities, or

(ii)1,000 cubic metres in any other case.

Interpretation of Part B

1.  In this Part—

“excluded activity” means any relevant activity (other than sawing) which, ignoring any sawing carried on at the works, would be unlikely to result in the release into the air of any substance in paragraph 6(3) of Part 1 in a quantity capable of causing significant harm;

“relevant activity” means the sawing, drilling, sanding, shaping, turning, planing, curing or chemical treatment of wood;

“throughput” means the amount of wood which is subjected to a relevant activity, but where wood is subject to two or more relevant activities at the same works, the second and any subsequent activity must be ignored;

“wood” includes any product consisting wholly or mainly of wood; and

“works” includes a sawmill or any other premises where relevant activities are carried on.

SECTION 6.7Activities Involving Rubber
Part A(2)

(a)Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 or more tonnes of one or more of the following—

(i)natural rubber,

(ii)synthetic organic elastomers,

(iii)other substances mixed with them.

Part B

(a)Unless falling within Part A(1) or Part A(2) of any Section, the mixing, milling or blending of—

(i)natural rubber, or

(ii)synthetic organic elastomers,

if carbon black is used.

(b)Any activity which converts the product of an activity falling within paragraph (a) into a finished product if related to an activity falling within that paragraph.

SECTION 6.8The Treatment of Animal and Vegetable Matter and Food Industries
Interpretation of Section 6.8

1.  In this Section—

“animal” includes a bird or a fish;

“excluded activity” means—

(a)

any activity carried on in a farm or agricultural holding other than the manufacture of goods for sale,

(b)

the manufacture or preparation of food or drink for human consumption but excluding—

(i)

the extraction, distillation or purification of animal or vegetable oil or fat otherwise than as an activity incidental to the cooking of food for human consumption,

(ii)

any activity involving the use of green offal or the boiling of blood except the cooking of food (other than tripe) for human consumption,

(iii)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,

(c)

the fleshing, cleaning and drying of pelts of fur-bearing mammals,

(d)

any activity carried on in connection with the operation of a knacker’s yard,

(e)

any activity for the manufacture of soap not falling within Part A(1) of Section 4.1,

(f)

the storage of vegetable matter not falling within any other Section,

(g)

the cleaning of shellfish shells,

(h)

the manufacture of starch,

(i)

the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds which have been granted an authorisation under the Animal By-Products Regulations 2005(1) or the Animal By-Products (Wales) Regulations 2006(2),

(j)

the salting of hides or skins, unless related to any other activity listed in this Schedule,

(k)

any activity for composting animal or vegetable matter or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms,

(l)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers (and “related activity” means an activity being carried on by the same person at the same site),

(m)

the drying of grain or pulses,

(n)

any activity for the production of cotton yarn from raw cotton or for the conversion of cotton yarn into cloth;

“food” includes—

(a)

drink,

(b)

articles and substances of no nutritional value which are used for human consumption, and

(c)

articles and substances used as ingredients in the preparation of food;

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

Part A(1)

(a)Tanning hides and skins at a plant with a treatment capacity of more than 12 tonnes of finished products per day.

(b)Slaughtering animals at a plant with a carcass production capacity of more than 50 tonnes per day.

(c)Disposing of or recycling animal carcasses or animal waste, other than by rendering or by incineration falling within Section 5.1, at a plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

(d)Treating and processing materials intended for the production of food products from—

(i)animal raw materials (other than milk) at a plant with a finished product production capacity of more than 75 tonnes per day; or

(ii)vegetable raw materials at a plant with a finished product production capacity of more than 300 tonnes per day (average value on a quarterly basis).

(e)Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

(f)Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i)does not fall within any other Section, or Part A(2) of this Section and is not an excluded activity; and

(ii)may result in the release into water of any substance in paragraph 7 of Part 1 in a quantity which, in any period of 12 months, is greater than the background quantity by more than the amount specified in relation to the substance in that paragraph.

Part A(2)

(a)Disposing of or recycling animal carcasses or animal waste by rendering at plant with a treatment capacity exceeding 10 tonnes per day of animal carcasses or animal waste or both in aggregate.

Part B

(a)Processing, storing or drying by the application of heat the whole or part of any dead animal or any vegetable matter (other than the treatment of effluent so as to permit its discharge into controlled waters or into a sewer unless the treatment involves the drying of any material with a view to its use as animal feedstuff) if the processing, storing or drying—

(i)does not fall within another Section, or Part A(1) or Part A(2) of this Section;

(ii)is not an excluded activity; and

(iii)may result in the release into the air of—

(aa)any substance in paragraph 6(3) of Part 1, or

(bb)any offensive smell noticeable outside the premises on which the activity is carried on.

(b)Breeding maggots in any case where 5 or more kg of animal matter, vegetable matter or both in aggregate, are introduced into the process in any week.

SECTION 6.9Intensive Farming
Part A(1)

(a)Rearing poultry or pigs intensively in an installation with more than—

(i)40,000 places for poultry;

(ii)2,000 places for production pigs (over 30 kg); or

(iii)750 places for sows.

SECTION 7SED Activities
Part B

(a)The activities listed in the table below if they are operated above the solvent consumption threshold for the activity.

ActivitySolvent consumption threshold in tonnes/year
Heatset web offset printing15
Publication rotogravure25
Other rotogravure, flexography, rotary screen printing, laminating or varnishing units15
Rotary screen printing on textile/cardboard30
Surface cleaning using substances or preparations which because of their content of volatile organic compounds classified as carcinogens, mutagens or toxic to reproduction under Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(3) are assigned or need to carry one or more of the risk phrases R45, R46, R49, R60 or R61, or halogenated VOC’s which are assigned or need to carry the risk phrase R401
Other surface cleaning2
Vehicle coating and vehicle refinishing0.5
Coil coating25
Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating5
Winding wire coating5
Coating activity applied to wooden surfaces15
Dry cleaning0
Wood impregnation25
Coating activity applied to leather10
Footwear manufacture5
Wood and plastic lamination5
Adhesive coating5
Manufacture of coating preparations, varnishes, inks and adhesives100
Rubber conversion15
Vegetable oil and animal fat extraction and vegetable oil refining activities10
Manufacturing of pharmaceutical products50
Interpretation and application of Part B

1.  For the purposes of this Part—

“adhesive” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;

“adhesive coating” means any activity in which an adhesive is applied to a surface, excluding the application of adhesive and laminating associated with printing activities;

“coating” means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface;

“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques;

“coil coating” means any activity where coiled steel, stainless steel, coated steel copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process;

“consumption” means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for reuse;

“dry cleaning” means any industrial or commercial activity using volatile organic compounds to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry;

“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas, and liquid inks which dry through evaporation;

“footwear manufacture” means any activity of producing complete footwear or parts of footwear;

“heat web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—

(a)

the non-printing area is treated to attract water and reject ink,

(b)

the printing area is treated to receive and transmit ink to the surface to be printed, and

(c)

evaporation takes place in the oven where hot air is used to heat the printed material;

“ink” means a preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application which is used in a printing activity to impress text or images on to a surface;

“laminating associated to a printing activity” means the adhering together of two or more flexible materials to produce laminates;

“manufacturing of coating preparations, varnishes, inks and adhesives” means the manufacture of coating preparations, varnishes, inks and adhesives as final products and where carried on at the same site, the manufacture of intermediates by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—

(a)

dispersion and predispersion activities,

(b)

viscosity and tint adjustments, and

(c)

operations for filling the final product into its container;

“manufacturing of pharmaceutical products” means one or more of the following activities—

(a)

chemical synthesis,

(b)

fermentation,

(c)

extraction, or

(d)

formulation and finishing,

of pharmaceutical products and, where carried on at the same site, the manufacture of intermediate products;

“the Motor Vehicle Directive” means Council Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(4);

“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;

“organic solvents” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change to dissolve raw materials, products or waste materials, as a—

(a)

cleaning agent to dissolve contaminants,

(b)

dissolver,

(c)

dispersion medium,

(d)

viscosity adjuster,

(e)

surface tension adjuster,

(f)

plasticiser, or

(g)

preservative;

“other coating activities” means a coating activity applied to—

(a)

trailers, defined in categories O1, O2, O3, and O4 in the Motor Vehicle Directive,

(b)

metallic and plastic surfaces including surfaces of airplanes, ships, trains, or

(c)

textile, fabric, film and paper surfaces;

“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques;

“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;

“reuse” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;

“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off;

“rotogravure” means a printing activity, using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation, and in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;

“rubber conversion” means—

(a)

any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber, and

(b)

any ancillary operations for converting natural or synthetic rubber into a finished product;

“surface cleaning” means any activity, except dry cleaning, using organic solvents to remove contamination from the surface of material including degreasing but excluding the cleaning of equipment; and a cleaning activity consisting of more than one step before or after any other activity must be considered as one surface cleaning activity;

“varnish” means a transparent coating;

“varnishing” means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material;

“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter;

“vehicle coating” means a coating activity applied to the following vehicles—

(a)

new cars, defined as vehicles of category M1 in the Motor Vehicle Directive, and of category N1 in so far as they are coated at the same installation as M1 vehicles,

(b)

truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in the Motor Vehicle Directive,

(c)

vans and trucks, defined as vehicles of categories N1, N2 and N3 in the Motor Vehicle Directive, but not including truck cabins, or

(d)

buses, defined as vehicles in categories M2 and M3 in the Motor Vehicle Directive;

“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—

(a)

the original coating of road vehicles as defined in the Motor Vehicle Directive or part of them with refinishing-type materials, where this is carried on away from the original manufacturing line, or

(b)

the coating of trailers (including semi-trailers) (category O in the Motor Vehicle Directive);

“volatile organic compound” or “VOC” means—

(c)

any organic compound having a vapour pressure of 0.01 or more kPa at 293.15K or having a corresponding volatility under the particular conditions of use, or

(d)

the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K;

“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;

“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors, etc;

“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products;

“wood impregnation” means any activity giving a loading of preservative in timber.

2.  An activity must be deemed to be operated above the solvent consumption threshold specified for that activity under this Part if the activity is likely to be operated above that threshold in any period of 12 months.

3.  An activity listed in this Part includes the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.

(1)

S.I. 2005/2347.

(3)

OJ No. 196, 16.8.1967, p1 (OJ/SE Series I Chapter 1967 P, p19), as last amended by Directive 2006/121/EC (OJ No. L 396, 30.12.2006, p850).

(4)

OJ No. L42, 23.2.1970, p1 (OJ/SE Series I Chapter 1970(I) P, p82, as last amended by Directive 2006/40/EC (OJ No. L 161, 14.6.2006, p12).

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