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SCHEDULE 1DESCRIPTIONS OF PROCESSES

Chapter 4The Chemical Industry

(See paragraph 10 of Schedule 2 as to cases where processes described in this chapter of the Schedule fall within two or more descriptions.)

Except where paragraph 2 or 15 of Schedule 2 applies, nothing in this chapter of this Schedule applies to the operation of a waste treatment plant.

Section 4.1Petrochemical processes

Part A

(a)Any process for the manufacture of unsaturated hydrocarbons.

(b)Any process for the manufacture of any chemical which involves the use of a product of a process described in paragraph (a).

(c)Any process for the manufacture of any chemical which involves the use of a product of a process described in paragraph (b) otherwise than as a fuel or solvent.

(d)Any process for the polymerisation or co-polymerisation of any unsaturated hydrocarbons (other than the polymerisation or co-polymerisation of a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons, or which contains any product of a process mentioned in paragraph (b) or (c) of Part A of this section) which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of unsaturated hydrocarbons or of any such products or, in aggregate, of any combination of those materials and products.

(e)Any process, if related to and carried on as part of a process falling within another paragraph of this Part of this Section, for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons, or which contains any product of a process mentioned in paragraph (b) or (c) of Part A of this Section, which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbons or of any such products or, in aggregate, of any combination of those materials and products.

Part B

Any process unless related to and carried on as part of a process falling within Part A of this Section, for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons, or which contains any product of a process mentioned in paragraph (b) or (c) of Part A of this Section, which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of unsaturated hydrocarbons or of any such products or, in aggregate, of any combination of those materials and products.

In this Section and in Section 4.2 “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into the polymerisation or co-polymerisation process (whether or not the resin or gel coat contains a colour pigment, activator or catalyst).

Part CNil

Section 4.2The manufacture and use of organic chemicals

Part A

Any of the following processes unless falling within a description set out in Section 6.8—

(a)the manufacture of styrene or vinyl chloride;

(b)the polymerisation or co-polymerisation of styrene or vinyl chloride (other than the polymerisation or co-polymerisation of a pre-formulated resin or pre-formulated gel coat which contains any styrene) where the process is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of either of those materials or, in aggregate, of both;

(c)any process if related to and carried on as part of a process falling within another paragraph of this Part of this Section, 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 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene;

(d)any process of manufacture involving the use of vinyl chloride;

(e)the manufacture of acetylene, any aldehyde, amine, isocyanate, ketone, nitrile, any carboxylic acid or anhydride of carboxylic acid, any organic sulphur compound or any phenol if the process may result in the release of any of those substances into the air;

(f)any process for the manufacture of a chemical involving the use of any substance mentioned in paragraph (e) if the process may result in the release of any such substance into the air;

(g)the manufacture or recovery of carbon disulphide;

(h)any manufacturing process which may result in the release of carbon disulphide into the air;

(i)the manufacture or recovery of pyridine, or of any substituted pyridines;

(j)the manufacture of any organo-metallic compound;

(k)the manufacture, purification or recovery of any designated acrylate;

(l)any process for the manufacture of a chemical which is likely to involve the use in any 12 month period of 1 tonne or more of any designated acrylate or, in aggregate, of more than one such 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

Any process unless related to and carried on as part of a process falling within Part A of this Section, 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 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene.

Part CNil

Section 4.3Acid Processes

Part A

(a)Any process for the manufacture, recovery, concentration or distillation of sulphuric acid or oleum.

(b)Any process for the manufacture of any oxide of sulphur but excluding any combustion or incineration process other than the burning of sulphur.

(c)Any process for the manufacture of a chemical which uses, or may result in the release into the air of, any oxide of sulphur or sulphuric acid mist but excluding any combustion or incineration process other than the burning of sulphur and excluding also any process where such a release could only occur as a result of the storage and use of SO2 in cylinders.

(d)Any process for the manufacture or recovery of nitric acid.

(e)Any process for the manufacture of any acid-forming oxide of nitrogen.

(f)Any other process (except the combustion or incineration of carbonaceous material as defined in Section 1.1 of this Schedule) which is not described in Part B of this Section, does not fall within a description in Section 2.1 or 2.2 of this Schedule and is not treated as so falling by virtue of the rules in Schedule 2, and which is likely to result in the release into the air of any acid forming oxide of nitrogen.

(g)Any process for the manufacture or purification of phosphoric acid.

Part B

Any process for the surface treatment of metal which is likely to result in the release into the air of any acid-forming oxide of nitrogen and which does not fall within a description in Section 2.1 or 2.2 of this Schedule and is not treated as so falling by virtue of the rules in Schedule 2.

Part CNil

Section 4.4Processes involving halogens

Part A

The following processes if not falling within a description in any other Section of this Schedule—

(a)Any process for the manufacture of fluorine, chlorine, bromine or iodine or of any compound comprising only—

(i)two or more of these halogens; or

(ii)any one or more of those halogens and oxygen ;

(b)Any process of manufacture which involves the use of, or which is likely to result in the release into the air or into the water of, any of those four halogens or any of the compounds mentioned in paragraph (a), other than the use of any of them as a pesticide (as defined in Schedule 6) in water ;

(c)Any process for the manufacture of hydrogen fluoride, hydrogen chloride, hydrogen bromide or hydrogen iodide or any of their acids ;

(d)Any process for the manufacture of chemicals which may result in the release into the air of any of the four compounds mentioned in paragraph (c);

(e)Any process of manufacture (other than the manufacture of chemicals) involving the use of any of the four compounds mentioned in paragraph (c) 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.

Part BNil
Part CNil

Section 4.5Inorganic chemical processes

Part A

(a)The manufacture of hydrogen cyanide or hydrogen sulphide other than in the course of fumigation.

(b)Any manufacturing process involving the use of hydrogen cyanide or hydrogen sulphide.

(c)Any process for the manufacture of a chemical which may result in the release into the air of hydrogen cyanide or hydrogen sulphide.

(d)The production of any compound containing any of the following—

where the process may result in the release into the air of any of those elements or compounds or the release into water of any substance listed in Schedule 5 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 the substance in column 2 of Schedule 5.

(e)The recovery of any compound referred to in paragraph (d) where the process may result in any such release as is mentioned in that paragraph.

(f)The use in any process of manufacture, (other than the application of a glaze or vitreous enamel), of any element or compound referred to in paragraph (d) where the process may result in such a release as is mentioned in that paragraph.

(g)The production or recovery of any compound of cadmium or mercury.

(h)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 into the air of either of those elements or any of their compounds.

(i)The production of any compound of—

(j)The manufacture of any metal carbonyl.

(k)Any process for the manufacture of a chemical involving the use of a metal carbonyl.

(l)The manufacture or recovery of ammonia.

(m)Any process for the manufacture of a chemical which involves the use of ammonia or may result in the release of ammonia into the air other than a process in which ammonia is used only as a refrigerant.

(n)The production of phosphorus or of any oxide, hydride or halide of phosphorus.

(o)Any process for the manufacture of a chemical which involves the use of phosphorus or any oxide, hydride or halide of phosphorus or which may result in the release into the air of phosphorus or of any such oxide, hydride or halide.

(p)The extraction of any magnesium compound from sea water.

Part B

The manufacture of inorganic chemicals not described elsewhere in this Schedule.

Part CNil

Section 4.6Chemical Fertiliser Production

Part A
(a)

The manufacture of chemical fertilisers.

(b)

The conversion of chemical fertilisers into granules.

In this Section, “chemical fertilisers” means any inorganic chemical to be applied to the soil to promote plant growth; and “inorganic chemical” includes urea; and “manufacture of chemical fertilisers” shall be taken to include any process for blending chemical fertilisers which is related to a process for their manufacture.

Part BNil
Part CNil

Section 4.7Pesticide Production

Part A

The manufacture or the formulation of chemical pesticides if the process may result in the release into water of any substance described in Schedule 5 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 the substance in column 2 of Schedule 5.

Part BNil
Part CNil

In this Section “pesticide” has the same meaning as in Schedule 6.

Section 4.8Pharmaceutical Production

Part A

The manufacture or the formulation of a medicinal product if the process may result in the release into water of any substance described in Schedule 5 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 the substance in column 2 of Schedule 5.

Part BNil
Part CNil

In this Section “medicinal product” means any substance or article (not being an instrument, apparatus or appliance) manufactured for use in one of the ways specified in section 130 (1) of the Medicines Act 1968(1).

Section 4.9The storage of chemicals in bulk

Part ANil
Part B

The storage in a tank or tanks, other than as part of a Part A process and 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;

In this Section, “designated acrylate” has the same meaning as in Part A of Section 4.2.

Part CNil