The Pollution Prevention and Control (Scotland) Regulations 2012

Regulations 2, 12 and 20

SCHEDULE 1 S ACTIVITIES AND INSTALLATIONS AND MOBILE PLANT

PART 1 S ACTIVITIES

CHAPTER 1 S ENERGY INDUSTRIES

SECTION 1.1 S Combustion

PART A S

Burning any fuel in a combustion appliance with a rated thermal input of 50 megawatts or more.

Interpretation of Part A S

For the purposes of Part A, where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances are be treated as a single appliance with a rated thermal input of 50 megawatts or more.

PART B S

Unless described in Part A of this section—

(a) Burning any fuel in a boiler or furnace with a rated thermal input of more than 20 megawatts and less than 50 megawatts,

(b) Burning any fuel in a gas turbine or compression ignition engine with a rated thermal input of more than 20 megawatts and less than 50 megawatts.

[F1 (c) Burning any fuel in a combination of appliances with a total rated thermal input of more than 20 megawatts and less than 50 megawatts in an installation to which Schedule 1A applies.]

[F2 (d) Burning any fuel in a medium combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than or equal to 20 megawatts.]

Textual Amendments

F1 Sch. 1 Pt. 1 s. 1.1 Pt. B(c) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(i)

F2 Sch. 1 Pt. 1 s. 1.1 Pt. B(d) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 11

Interpretation of Section 1.1 S

For the purposes of section 1.1—

“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.

[F3 Interpretation of Part B S

For the purposes of paragraph (c) of Part B—

(a) “appliance” means a boiler, furnace, gas turbine or compression ignition engine, and

(b) fuel is burned in a combination of appliances where two or more appliances are operated on the same site.]

Textual Amendments

F3 Words in sch. 1 Pt. 1 s. 1.1 Pt. B inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(ii)

SECTION 1.2 S Gasification, liquefaction and refining activities

PART A S

(a) Refining gas including natural gas or its products,

(b) Production of coke,

(c) Pyrolysis, carbonisation, distillation, gasification, liquefaction, partial oxidisation or other heat treatment of coal (other than drying of coal), lignite, oil, or other carbonaceous material or mixtures, otherwise than with a view to making charcoal,

(d) Gasification or liquefaction of fuels other than as described in paragraph (c) in installations with a total rated thermal input of 20 megawatts or more,

(e) The refining of mineral oils, or the loading, unloading or other handling of, the storage of, or other physical, chemical or thermal treatment of—

(i) crude oil, or

(ii) stabilised crude petroleum.

(f) Purifying or refining any of the products of an activity mentioned in paragraph (a) or its conversion into a different product.

Nothing in paragraph (c) or (f) refers to the use of any substance as a fuel or its incineration or pyrolysis as a waste or to any activity for the treatment of sewage sludge.

In paragraph (c), 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.

Interpretation of Part A S

In Part A—

“carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, and

“rated thermal input” has the same meaning as in Section 1.1.

PART B S

(a) Blending odorant for use with natural gas or liquefied petroleum gas,

(b) 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 a road tanker, a rail tanker or an inland waterway vessel 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 likely to be equal to or greater than 500m3.

(c) Motor vehicle refuelling activities at an existing service station if the petrol refuelling throughput at the station in any 12 month period is more than 3000m3,

(d) Motor vehicle refuelling activities at a new service station if the petrol refuelling throughput at the station in any 12 month period is, or is intended to be, 500m3 or more,

(e) Motor vehicle refuelling activities at a new service station if the petrol refuelling throughput at the station in any 12 month period is, or is intended to be, 100m3 or more and the service station is under permanent living quarters or working areas.

Interpretation of Part B S

1.  In Part B—

“existing service station” means a service station—

(a)

which is put into operation, or

(b)

for which planning permission under the Town and Country Planning (Scotland) Act 1997 M1 is granted,

before 31st December 2011,

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more,

“new service station” means a service station which is put into operation on or after 1st January 2012, and includes an existing service station where a major refurbishment is completed on or after that date (and for that purpose a major refurbishment means a significant alteration or renewal of the station infrastructure, in particular the tanks and pipes),

“petrol” means any petroleum derivative, with or without additives, having a Reid vapour pressure of 27.6 kPa 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, other than premises described in paragraphs (c) to (e) used only in connection with the construction and delivery of new vehicles,

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

Marginal Citations

M1 1997 c.8, to which there are amendments not relevant to these Regulations.

2.—(1) Any expression used in Part B and in a Directive specified in sub-paragraph (2) has the same meaning in that Part as in the Directive. S

(2) The specified Directives are—

(a) 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 M2 , and

(b) Directive 2009/126/EC of the European Parliament and the Council on stage II petrol vapour recovery during the refuelling of motor vehicles at service stations M3 .

Marginal Citations

M2 OJ L 365, 31.12.94, p.24.

M3 OJ L 285, 31.10.2009, p.36.

CHAPTER 2 S PRODUCTION AND PROCESSING OF METALS

SECTION 2.1 S Ferrous metals

PART A S

(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 any ferrous alloy, including continuous casting, except where the only furnaces involved are—

(i) electric arc furnaces of less than 7 tonnes designed holding capacity, or

(ii) cupola, crucible, reverbatory, rotary, induction, vacuum, electro-slag or resistance furnaces,

(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour,

(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites,

(e) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b) of Part A of this Section,

(f) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts,

(g) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour,

(h) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

PART B S

(a) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this Section,

(b) Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, and including continuous casting) using—

(i) one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more, or

(ii) a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace, vacuum furnace, electro-slag furnace or resistance furnace,

unless falling within paragraph (e) or (h) of Part A of this Section,

(c) Desulphurising iron, steel or any ferrous alloy,

(d) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering scrap cable) unless—

(i) it is carried out 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,

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and

(iii) it is not related to any other activity falling within this Part of this Section,

(e) Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal falling within Part A of this Section.

Interpretation of Section 2.1 S

In this Section, “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.

SECTION 2.2 S Non-ferrous metals

PART A S

(a) Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities and in this paragraph “secondary raw materials” include scrap and other waste,

(b) Melting, including making alloys, of non-ferrous metals, including recovered products, and the operation of non-ferrous metal foundries in an installation with a melting capacity exceeding—

(i) 4 tonnes per day for lead or cadmium, or

(ii) 20 tonnes per day for all other metals in aggregate.

(c) 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,

(d) Unless described elsewhere in this Section, melting (including making alloys, of non-ferrous metals, including recovered products), refining and foundry casting in a furnace, bath or other holding vessel which has a design holding capacity of 5 tonnes or more.

PART B S

(a) The melting, including making alloys, of non ferrous metals, including recovered products, refining, foundry casting, etc. in an installation which has a design holding capacity of less than 5 tonnes, other than in respect of an activity—

(i) described in Part A, or

(ii) carried out in respect of tin, or an alloy which in molten form contains 50 per cent or more by weight of tin,

(b) The separation of copper, aluminium, magnesium or zinc from mixed scrap by differential heating,

(c) 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 this 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 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;

(d) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 tonnes per day,

(e) 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.

Interpretation of Part B S

In this Part, “rated thermal input” has the same meaning as in Section 1.1.

Interpretation of Section 2.2 S

In this Section, “non-ferrous metal alloy” and cognate expressions mean an alloy which is not a ferrous alloy as defined in Section 2.1.

Nothing in paragraph (c) or (d) of Part A or in Part B of this Section prescribes the activities of hand soldering, flow soldering or wave soldering.

SECTION 2.3 S Surface treating metals and plastic materials

PART A S

(a) Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3,

(b) Surface treating materials using cadmium or any compound thereof where the activity may result in the release into the air or water of cadmium and its compounds, as listed in column 1 of the Table in paragraph 10 of Part 2 of this Schedule, in a quantity which, in any 12 month period, exceeds the background quantity for cadmium and its compounds by more than the amount specified in relation to it in column 2 of that Table.

PART B S

Any process for the surface treatment of metal that 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 Part A of this Section.

CHAPTER 3 S MINERAL INDUSTRIES

SECTION 3.1 S Production of cement, lime and magnesium oxide

PART A S

(a) Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day,

(b) Producing lime or magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.

PART B S

(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,

(iii) grinding cement clinker.

(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.

SECTION 3.2 S Activities involving asbestos

PART A S

(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

(iii) where the asbestos is permanently bonded in any material, including in particular in cement, plastic, rubber or resin.

PART B S

The industrial finishing, including shaping, drilling, or fitting manufactured asbestos products, of any of the following products where not carried out in conjunction with manufacture—

• asbestos filters,

• asbestos friction products,

• asbestos jointing, packaging, and reinforcement material,

• asbestos packing,

• asbestos textiles.

Interpretation of Section 3.2 S

In this Section, “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

SECTION 3.3 S Glass and glass fibre manufacture

PART A S

Manufacturing glass or glass fibre in an installation with a melting capacity exceeding 20 tonnes per day.

PART B S

Unless it is an activity described in Part A of this Section—

(a) Manufacture of glass at any location with the capacity to make 5,000 tonnes or more in any 12 month period, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b) Manufacture of glass where the use of lead or any lead compound is involved.

(c) Making any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i) making products from lead glass blanks,

(ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d) 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,

(e) The manufacture of glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4 S Production of other mineral fibres

PART A S

Melting mineral substances, including the production of mineral fibres, in an installation with a melting capacity exceeding 20 tonnes per day.

PART B S

NIL

SECTION 3.5 S Other mineral activities

PART A S

Manufacturing cellulose fibre reinforced calcium silicate board.

PART B S

(a) Unless falling within any other description in any Part A 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.

(g) The fusion of calcinated bauxite for the production of artificial corundum.

Interpretation of Part B S

In this Part—

“coal” includes lignite,

“designated mineral or mineral product” means—

(a)

clay, sand and any other naturally occurring mineral other than coal or lignite,

(b)

metallurgical slag,

(c)

boiler or furnace ash produced from the burning of coal, coke or any other coal product,

(d)

gypsum which is a by-product of any activity,

“exempt location” means—

(a)

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 12 month period is in aggregate likely to be less than 10,000 tonnes, or

(b)

any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there, and

“retail sale” means sale to the final customer.

Nothing in this Section applies to any activity carried on underground.

SECTION 3.6 S Ceramic production

PART A S

Manufacturing ceramic products (such as roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing—

(a) in kilns with a production capacity exceeding 75 tonnes per day, or

(b) where the kiln capacity exceeds 4m3, and the setting density of the kiln exceeds 300 kg/m3.

PART B S

(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 Part A of this Section.

(b) Vapour glazing earthenware or clay with salts.

Interpretation of Part B S

In this Part—

“clay” includes a blend of clay with ash, sand or other materials;

“refractory” means refractory 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.

CHAPTER 4 S THE CHEMICAL INDUSTRY

Interpretation of Chapter 4 S

In this Chapter—

“Producing” as described in Part A of Sections 4.1 to 4.6 means the production by chemical or biological processing on an industrial scale of any listed substance or group of substances.

SECTION 4.1 S Organic chemicals

PART A S

Producing organic chemicals including—

(a) hydrocarbons, linear or cyclic, saturated or unsaturated, aliphatic or aromatic,

(b) organic compounds containing oxygen, including alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, phenols, epoxy resins,

(c) organic compounds containing sulphur, including sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics,

(d) organic compounds containing nitrogen including amines, amides, nitrous-, nitro- or azo-compounds, nitrate, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers,

(e) organic compounds containing phosphorus including substituted phosphines and phosphate esters,

(f) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides,

(g) organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls,

(h) plastic materials such as polymers, synthetic fibres and cellulose-based fibres;

(i) synthetic rubbers,

(j) dyes and pigments,

(k) surface-active agents,

(l) any other organic compounds not described in sub-paragraphs (a) to (k) above which have the potential to pollute the environment.

PART B S

(a) Unless described in Part A of this Section, the carrying out of any activity involving the use in any 12 month period of—

(i) 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate, or

(ii) partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of di-isocyanate monomers, where the activity may result in a release into the air of such monomers.

(b) The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c) Any activity, if not related to any other Part A 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 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene,

(d) Any activity, if not related to any Part A activity, for polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity described in Part A of this Section (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons), which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

Interpretation of Part B S

In this Part, “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 S Inorganic chemicals

PART A S

(a) Producing inorganic chemicals including—

(i) inorganic substances, including those in gaseous form, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide and hydrogen sulphide, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, and phosgene,

(ii) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum, sulphurous acids, 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—

(aa) two or more halogens, or

(bb) any one or more of those halogens and oxygen.

(b) Unless falling within a description in any other Section of any Chapter of this Schedule, any production activity which is likely to result in the release—

(i) into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal), or

(ii) into the air or water of any halogens or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water by chlorine).

(c) Unless falling within a description in any other Section of any Chapter of this Schedule, any production activity which uses, or is likely to result in the release of, hydrogen cyanide or hydrogen sulphide.

(d) Unless falling within a description in any other Section of any Chapter of this Schedule, producing any compounds, or using or recovering any mixture (other than in the application of a glaze or vitreous enamel), containing any of the following substances or their compounds:—

(i) antimony,

(ii) arsenic,

(iii) beryllium,

(iv) gallium,

(v) indium,

(vi) lead,

(vii) palladium,

(viii) platinum,

(ix) selenium,

(x) tellurium,

(xi) thallium,

(xii) cadmium, or

(xiii) mercury,

where the activity may result in the release into the air of any of those elements or their compounds or the release into water of any substance listed in column 1 of the Table referred to in paragraph 10 of Part 2 of this Schedule in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to that substance in column 2 of that Table.

(e) Unless falling within a description in any other Section of any Chapter of this Schedule, recovering any compound of or engaging in any process of production which involves the use of cadmium or mercury or of any compound of either of those elements or which may result in the release to air of either of those elements or their compounds.

(f) Any other activity (except the combustion or incineration of carbonaceous material as defined in Section 1.2) which does not fall within a description in Sections 2.1, 2.2 or 2.3 and which may result in the release into the air of any acid forming oxide of nitrogen.

PART B S

NIL

SECTION 4.3 S Chemical fertiliser production

PART A S

Producing phosphorous, nitrogen or potassium based fertilisers (simple or compound).

PART B S

NIL

SECTION 4.4 S Biocide production

PART A S

Producing plant health products and biocides.

PART B S

NIL

SECTION 4.5 S Pharmaceutical production

PART A S

Producing pharmaceutical products, including intermediates.

PART B S

NIL

SECTION 4.6 S Explosives production

PART A S

Producing explosives, other than as part of an activity described in any other Section of this Chapter.

PART B S

NIL

SECTION 4.7 S Manufacturing activities involving ammonia

PART A S

Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

PART B S

NIL

SECTION 4.8 S Storage of chemicals in bulk

PART A S

NIL

PART B S

The storage, other than as part of a Part A activity or in a tank for the time being forming part of a powered vehicle, of any substance listed in column 1 of Table 1, except where the total capacity of tanks used for storage is less than the amount specified in column 2 of the Table.

Table 1

Substance	Amount(in tonnes)
Any one or more acrylates	20
Acrylonitrile	20
Anhydrous ammonia	100
Anhydrous hydrogen fluoride	1
Toluene di-isocyanate	20
Vinyl chloride monomer	20
Ethylene	8,000

Interpretation of Part B S

In this Part, “acrylate” means—

(a) acrylic acid,

(b) substituted acrylic acids,

(c) esters of acrylic acids, and

(d) esters of substituted acrylic acids.

CHAPTER 5 S WASTE MANAGEMENT

[F4 This chapter is to be interpreted in accordance with Article 3 of the Waste Framework Directive and the Special Waste Regulations 1996].

Textual Amendments

F4 Words in Sch. 1 Pt. 1 Ch. 5 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(18); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 5.1 S Incineration and co-incineration of waste

PART A S

Unless carried out as part of any other Part A activity, the—

(a) Incineration of hazardous waste in an incineration or co-incineration plant,

(b) Incineration of non-hazardous waste with the exception of waste which is biomass or animal carcasses in an incineration or co-incineration plant,

(c) Incineration of biomass waste in an incineration or co-incineration plant with a capacity of more than 3 tonnes per hour,

(d) Incineration of animal carcasses in an incineration or co-incineration plant, with a capacity of more than 10 tonnes per day,

(e) Incineration, other than incidentally in the course of burning solid or liquid waste, of any gaseous compound containing halogens arising from electrical equipment.

PART B S

(a) Incineration of biomass waste in an incineration or co-incineration plant with a capacity of—

(i) more than 50 kilograms per hour, and

(ii) equal to or less than 3 tonnes per hour.

(b) Incineration of animal carcasses in an incineration or co-incineration plant with a capacity—

(i) of more than 50 kilograms per hour, and

(ii) equal to or less than 10 tonnes per day.

(c) Cremation of human remains.

Interpretation of Section 5.1 S

In this Section—

“biomass waste” means—

(a)

vegetable waste from agriculture and forestry,

(b)

vegetable waste from the food processing industry, but only if the heat generated during incineration of the waste is recovered,

(c)

fibrous vegetable waste from virgin pulp production and from production of paper from pulp, but only if the—

(i)

waste is co-incinerated at the place of production of the waste, and

(ii)

heat generated during incineration of the waste is recovered,

(d)

cork waste, and

(e)

wood waste, with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,

“co-incineration” means—

(a)

the use of waste as a regular or additional fuel in a co-incineration plant, or

(b)

the thermal treatment of waste for the purposes of disposal in a co-incineration plant,

“co-incineration plant” means any stationary or mobile plant which uses waste as a regular or additional fuel—

(a)

whose main purpose is the generation of energy or the production of material products, and

(b)

in which waste is thermally treated for the purpose of disposal through—

(i)

the incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“hazardous waste” does not include any—

(a)

combustible liquid waste (including waste oils) provided that—

(i)

the mass content of polychlorinated aromatic hydrocarbons (that is, polychlorinated biphenyls (PCB) or pentachlorophenol (PCP)) in the waste amounts to concentrations not higher than those set out in the relevant Union legislation M4 ,

(ii)

the waste is not rendered hazardous by virtue of displaying properties set out in Annex III to the Waste Framework Directive, and

(iii)

the net calorific value of the waste amounts to at least 30 megajoules per kilogramme; and

(b)

other combustible liquid waste which cannot cause in the flue gas directly resulting from their combustion—

(i)

emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 2005/33 M5 , or

(ii)

a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

“incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,

“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through—

(i)

incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“waste” means any solid or liquid waste as defined in Article 3(1) of the Waste Framework Directive.

Marginal Citations

M4 See in particular Council Directive 96/59/EC (OJ L 243, 24.09.96, p.31), as amended by Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

M5 OJ L 121, 11.5.1999, p.13, as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.11), Directive 2005/33/EC (OJ L 191, 22.7.2005, p.59), Regulation (EC) No 219/2009 (OJ L 87, 31.3.2009, p.109), and Directive 2009/30/EC (OJ L 140, 5.6.2009, p.88).

SECTION 5.2 S Landfill and disposal to land

PART A S

(a) Landfill of waste at a landfill (other than a landfill for inert waste)—

(i) receiving more than 10 tonnes of waste per day, or

(ii) with a total capacity exceeding 25,000 tonnes.

(b) The disposal of waste in any other landfill to which the Landfill Regulations apply.

PART B S

NIL

Interpretation of Section 5.2 S

In this Section, “inert waste” means waste—

(a) that does not undergo any significant physical, chemical or biological transformation, or

(b) that will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health,

provided that the ability of any potentially polluting material contained in waste, and the ecotoxicology of the leachate is insignificant, and in particular does not endanger the quality either of surface water or groundwater.

SECTION 5.3 S Disposal or recovery of hazardous waste

PART A S

(a) Recovery by distillation of oil or organic solvents, other than as part of an activity described in any other Section of this Chapter [F5 or in Part 1 of Schedule 2].

(b) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of—

(i) biological treatment,

(ii) physico-chemical treatment,

(iii) blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1,

(iv) repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1,

(v) solvent reclamation or regeneration,

(vi) recycling or reclamation of inorganic materials other than metals or metal compounds,

(vii) regeneration of acids or bases,

(viii) recovery of components used for pollution abatement,

(ix) recovery of components from catalysts,

(x) oil re-refining, recovery of oil by distillation, or other reuses of oil,

(xi) surface impoundment.

Textual Amendments

F5 Words in sch. 1 Pt. 1 s. 5.3 Pt A(a) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(iii)

PART B S

NIL

SECTION 5.4: Disposal, recovery or a mix of disposal or recovery of non-hazardous waste S

PART A S

(a) Disposal of non-hazardous waste at an installation with a capacity exceeding 50 tonnes per day by one or more of—

(i) biological treatment,

(ii) physico-chemical treatment,

(iii) pre-treatment [F6 of] waste for incineration or co-incineration,

(iv) treatment of slags and ashes,

(v) treatment in shredders of metal waste, including waste electrical and electronics equipment and end-of-life vehicles and their components.

(b) Recovery or a mix of recovery and disposal of non-hazardous waste at an installation with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) by one or more of—

(i) biological treatment,

(ii) pre-treatment of waste for incineration or co-incineration,

(iii) treatment of slags or ashes,

(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Textual Amendments

F6 Word in sch. 1 Pt. 1 s. 5.4 Pt. A(a)(iii) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(iv)

Interpretation of Section 5.4 S

Nothing in this Section applies to any activity covered by [F7 the Urban Waste Water Treatment (Scotland) Regulations 1994].

Textual Amendments

F7 Words in Sch. 1 Pt. 1 Ch. 5 s. 5.4 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(19); 2020 c. 1, Sch. 5 para. 1(1)

PART B S

NIL

SECTION 5.5 S Production of fuel from waste

PART A S

Making solid fuel from waste using any process involving the use of heat, other than making charcoal.

PART B S

NIL

SECTION 5.6 S Temporary or underground storage of hazardous waste

PART A S

(a) Temporary storage in an installation with a capacity of more than 50 tonnes of hazardous waste pending any of the activities described in any of Sections 5.1 to 5.3 and paragraph (b) of this Section, excluding temporary storage, pending collection, on the site where the waste is generated.

(b) Underground storage of hazardous waste in an installation with a total capacity exceeding 50 tonnes.

Interpretation of Part A S

Nothing in paragraph (a) applies to waste at a storage site for the purposes of Section 5.2.

PART B S

NIL

SECTION 5.7: S Treatment of waste water

PART A S

Independently operated treatment of waste water not covered by [F8 the Urban Waste Water Treatment (Scotland) Regulations 1994] and discharged by an installation carrying out any other Part A activity.

Textual Amendments

F8 Words in Sch. 1 Pt. 1 Ch. 5 s. 5.7 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(20); 2020 c. 1, Sch. 5 para. 1(1)

PART B S

NIL

CHAPTER 6 S OTHER ACTIVITIES

SECTION 6.1 S Paper, pulp and panel manufacturing

PART A S

Producing in an industrial installation—

(a) pulp from timber or other fibrous materials,

(b) paper or card board if the production capacity is more than 20 tonnes per day,

(c) if the production capacity is more than 600 m3 per day, one or more of the following wood-based panels:—

(i) fibreboard,

(ii) orientated strand board, or

(iii) particleboard,

PART B S

NIL

SECTION 6.2 S Carbon activities

PART A S

Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitization.

PART B S

NIL

SECTION 6.3 S Tar and bitumen processes

PART A S

Distilling tar or bitumen in connection with any process of manufacture where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, both.

Interpretation of Part A S

Nothing in Part A applies where the process of manufacture is carried out in connection with any other Part A activity at the same location where that activity is carried out.

PART B S

(a) Heating (but not distilling) tar or bitumen in connection with any process of manufacture, where the carrying on of those activities by the person concerned at the location in question is likely to involve a qualifying amount.

(b) Oxidising bitumen by blowing air through it, at installations where there are no other activities described in this Schedule where the carrying on of the activities by the person concerned at the location in question is likely to involve a qualifying amount,

Interpretation of Part B S

1.  Nothing in Part B applies to an activity described in Part A, or in any other Section of this Schedule.

2.  In Part B— S

“qualifying amount” means the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Interpretation of Section 6.3 S

In Section 6.3, “tar” and “bitumen” include pitch.

SECTION 6.4 S Coating activities, printing and textile treatments

PART A S

(a) Pre-treating textile fibres or textiles by operations such as washing, bleaching, mercerisation or dyeing, where the treatment capacity is more than 10 tonnes per day.

(b) Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kilogrammes per hour or more than 200 tonnes per year (whichever is the lesser).

PART B S

(a) Unless it is a Part A activity, any activity (other than the repainting or respraying of, or of part 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 activity 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 12 month period at any location of—

(i) 20 tonnes or more of any printing ink, paint or other coating material which is applied in solid form (other than in respect of an activity described in paragraph (g) of Part of Section 2.1),

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

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

(iv) 5 tonnes or more of organic solvents in respect of any activity other than one described in sub-paragraph (iii).

(b) Repainting or respraying road vehicles or parts of them if the activity is not described in Part A and may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 2 tonnes or more of organic solvents in any period of 12 months.

(c) Repainting or respraying 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 by the person concerned at the location in question is likely to involve the use in any period of 12 months of—

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

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

(iii) 5 tonnes or more of organic solvents.

Interpretation of Part B S

1.  The amount of organic solvents used in an activity is calculated using the formula A-B, where—

• A is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, and

• B is the amount of organic solvents that are removed from the process for re-use or for recovery for re-use.

2.  In Part B— S

“aircraft” includes gliders and missiles,

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

“organic solvent” has the same meaning as in Part 4 of Schedule 2.

SECTION 6.5 S The manufacture of dyestuffs, printing ink and coating materials

PART A S

Any manufacture of dyestuffs if the activity involves the use of hexachlorobenzene and is carried out at an installation not falling within any other description in any Part A of this Schedule.

PART B S

An activity, unless carried out at an installation described in any Part A of this Schedule, involving the—

(a) manufacture or formulation of any coating material (such as printing ink) containing, or involving the use of, an organic solvent, where the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 100 tonnes or more of organic solvents in any 12 months period,

(b) manufacture of a powder for use as a coating material where the installation has capacity to produce 200 tonnes or more of such powder in any 12 month period.

Interpretation of Part B S

The amount of organic solvent used in an activity is calculated using the formula A-B, where—

• A is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, and

• B is the amount of organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

In this Part—

“coating material” has the same meaning as in Section 6.4, and

“organic solvent” has the same meaning as in Part 5 of Schedule 2.

SECTION 6.6 S Timber activities

PART A S

Preserving wood or wood products F9 ... with chemicals, other than exclusively treating against sapstain, in an installation with a production capacity of more than 75 m3 per day.

Textual Amendments

F9 Word in sch. 1 Pt. 1 s. 6.6 Pt A omitted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(v)(aa)

PART B S

Manufacturing wood products at any works, unless in connection with an activity described in paragraph (c) of Part A of Section 6.1, if the manufacture involves a relevant activity and the throughput of the works in any 12 month period is likely to exceed—

(a) 10,000 m3 in the case of works at which—

(i) wood is sawed but not otherwise subjected to a relevant activity, or

(ii) wood is subjected only to exempt activities, or

(b) 1,000 m3 in any other case.

Interpretation of Section 6.6 S

In this Section, “wood” includes any product consisting wholly or mainly of wood.

In Part B—

“relevant activity” means the sawing, drilling, sanding, shaping, turning, [F10 planing], shredding, curing or chemical treatment of wood,

“exempt activities” means a relevant activity where, if no sawing were carried on at the works, any such activity would be unlikely to result in the release into the air of any substances listed in paragraph 9 of Part 2 of this Schedule in a quantity which is capable of causing significant harm,

“throughput” is calculated by reference to the amount of wood which is subjected to a relevant activity, provided that where wood is subject to two or more relevant activities at the same works no account is taken of the second or subsequent activity,

“works” means any premises, such as a sawmill, on which a relevant activity is carried out on wood.

Textual Amendments

F10 Word in sch. 1 Pt. 1 s. 6.6 substituted (30.10.2014) by virtue of The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(v)(bb)

SECTION 6.7 S Activities involving rubber

PART A S

Manufacturing new tyres, other than remoulds or retreads, involving the use in any 12 month period of 50,000 tonnes or more of one or more of natural rubber, or a synthetic organic elastomer, or any substance mixed with rubber or such an elastomer.

PART B S

(a) The mixing, milling or blending of natural rubber, or a synthetic organic elastomer, in which carbon black is used.

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

SECTION 6.8 S Treatment of animal and vegetable matter and food industries

PART A S

(a) Tanning hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.

(b) Disposing of or recycling animal carcasses and animal waste at installations with a capacity exceeding 10 tonnes per day and other than by incineration or co-incineration at installations falling within Section 5.1 of this Schedule.

(c) Slaughtering animals in slaughterhouses with a carcass production capacity of more than 50 tonnes per day.

(d) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from—

(i) only animal raw materials (other than milk only) with a finished product production capacity of more than 75 tonnes per day,

(ii) only vegetable raw materials with a finished product production capacity of more than—

(aa) 300 tonnes per day, or

(bb) 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii) animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

(aa) 75 if A is equal to 10 or more, or

(bb) 300 – (22.5 x A) in any other case

where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity.

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

PART B S

(a) Processing, storage or drying by heat of any part of a dead animal or of vegetable matter, unless it is an exempt activity, or an activity described in paragraph (d) of this Part, which may—

(i) result in the release into the air a substance referred to in paragraph 9 of Part 2 of this Schedule, or

(ii) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

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

(c) The ensiling or storage of dead fish or fish offal in plant capable of retaining volumes—

(i) of less than or equal to 10m3 of ensiled liquor,

(ii) of more than 10m3 and less than or equal to 50m3 of ensiled liquor, or

(iii) of more than 50m3 of ensiled liquor.

(d) Treating and processing of dry vegetable or dry vegetable and animal matter intended for the production of animal food products through drying by the application of heat and milling, unless it is an exempt activity, which may—

(i) result in the release into the air of a substance referred to in paragraph 9 of Part 2 of this Schedule, or

(ii) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

Interpretation of Section 6.8 S

When calculating the weight of finished product for the purposes of paragraph (d) of Part A the weight of packaging must be ignored.

In this Section—

“animal” includes a bird or a fish,

“ensiling” means treatment by the application of acid or alkaline solutions for the purpose of rendering the material free from infectious disease and/or preventing the formation of offensive odours,

“exempt activity” means—

(a)

any activity carried out on 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 out in connection with premises used in connection with the business of killing, flaying or cutting up animals, the flesh of which is not intended for human consumption, other than premises—

(i)

which are hunt kennels or other premises where the flesh is fed to animals,

(ii)

used for diagnostic, educational or research purposes, or

(iii)

where animals are cut up solely for the purpose of incineration,

(e)

any activity for the manufacture of soap not falling within a description in Part A of Section 4.1,

(f)

the storage of vegetable matter otherwise than as part of any prescribed activity,

(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 authorised under Article 18(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation),

(j)

the salting of hides or skins, unless related to any other prescribed activity,

(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,

(m)

the drying of grain or pulses,

(n)

any activity for the production of cotton yarn from raw cotton or for the conversation of cotton yarn into cloth,

“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, and

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

SECTION 6.9 S Intensive farming

PART A S

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

(a) 40,000 places for poultry,

(b) 2,000 places for production pigs (over 30 kilograms), or

(c) 750 places for sows.

Interpretation of Part A S

In this Part, “poultry” has the same meaning as in point 1 of Article 2 of Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and import from, third countries of poultry and hatching eggs M6 .

Marginal Citations

M6 OJ L 343, 22.12.2009, p.74; as amended by Commission Decision 2011/214/EU (OJ L 90, 6.4.2011, p.27) and Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

PART B S

NIL

SECTION 6.10 S Carbon capture and storage

PART A S

Capture of carbon dioxide streams from an installation for the purposes of geological storage [F11 to which] Directive 2009/31/EC of the European Parliament and of the Council of 23rd April 2009 on the geological storage of carbon dioxide M7 [F12 would have applied immediately prior to exit day].

Textual Amendments

F11 Words in Sch. 1 Pt. 1 Ch. 5 s. 6.10 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Sch. 1 Pt. 1 Ch. 5 s. 6.10 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(21)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M7 OJ L 140, 5.6.2009, p.114.

PART B S

NIL

PART 2 S INTERPRETATION OF SCHEDULE

1.  This Part applies for the interpretation of this Schedule. S

2.—(1) An activity is not a Part B activity if— S

(a) it cannot result in the release into the air of a substance listed in paragraph 9, or

(b) there is no likelihood that it will result in the release into the air of any such substance except in a quantity such that—

(i) it is incapable of causing harm, or

(ii) its capacity to cause harm is insignificant.

(2) [F13 Sub-paragraph] (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

Textual Amendments

F13 Word in sch. 1 Pt. 2 para. 2(2) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(b)

3.  An activity is not an activity described in Part 1 if it is— S

(a) carried out in a working museum to demonstrate an industrial activity of historic interest,

(b) carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980 M8 ,

(c) carried out as a domestic activity in connection with a private dwelling,

(d) subject to paragraph 4, carried out at an installation or mobile plant (or part of such an installation or plant) used solely for—

(i) research activities,

(ii) development activities, or

(iii) the testing of new products and processes,

(e) the running on or within a vehicle of an engine which propels any such vehicle, locomotive or vessel, or provides electricity for propulsion,

(f) the running of an engine—

(i) in order to test it before it is installed, or

(ii) for the purposes of developing the engine.

Marginal Citations

M8 1980 c.44. Section 135 was relevantly amended by section 2 of the Registered Establishments (Scotland) Act 1987 (c.4).

4.  Paragraph 3(2)(d) only applies to a waste incineration installation— S

(a) where the activity is carried out in order to improve the incineration process, and

(b) that treats less than 50 tonnes of waste per year.

5.—(1) The use of a fume cupboard is not an activity described in Part 1 if the fume cupboard is used in a laboratory for research or testing and it is not— S

(a) a fume cupboard which is an industrial and continuous production activity enclosure, or

(b) a fume cupboard in which substances or materials are manufactured.

6.  References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site. S

7.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A or Part B which refers to capacity (other than design holding capacity). S

(2) Where a person carries out more than one activity falling within the same description in Part A or Part B in different parts of the same stationary technical unit, or in different stationary technical units on the same site, the capacities of each part or unit are added together and the total capacity is attributed to each part or unit for the purpose of determining whether the activity carried out in the part or unit falls within a description in Part A or Part B.

(3) For the purpose of sub-paragraph (2), no account may be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A by virtue of this paragraph it is not to be treated as an activity falling within a description in Part B.

8.  Unless the context otherwise requires, where an activity falls within a description in Part A and a description in Part B the activity is to be treated as falling only within the description in Part A. S

9.  A reference in this Part or in Part 1 to, or to the release into the air of, a substance listed in this paragraph is a reference to any of the following substances:— S

(a) oxides of sulphur and other sulphur compounds,

(b) oxides of nitrogen and other nitrogen compounds,

(c) oxides of carbon,

(d) organic compounds and partial oxidation products,

(e) metals, metalloids and their compounds,

(f) asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres,

(g) halogens and their compounds,

(h) phosphorus and its compounds, or

(i) particulate matter.

10.—(1) A reference in Part 1 to the table in this paragraph is a reference to table 1. S

Table 1

Substance	Amount in excess of background quantity (in grams) in any 12 month period
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol (PCP) and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated biphenyls	1
Dichlorvos	0.2
1,2-dichloroethane	2000
All isomers of trichlorobenzene	75
Atrazine	350
Simazine	350
Tributyltin (TBT) compounds	4 (expressed as TBT)
Triphenyltin (TPT) compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5

(2) In the Table, where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.

11.  In Part 1 of this Schedule— S

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

(a)

water supplied to the site where the activity is carried out,

(b)

water abstracted for use in the activity, and

(c)

precipitation onto the site on which the activity is carried out,

“Part A activity” means an activity falling within Part A of any Section in Part 1 of this Schedule;

“Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule.

12.  In this Part— S

“fume cupboard” has the meaning given by British Standard BS EN 14175 on Fume Cupboards M9 ,

“vehicle” means an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive, or ship or other vessel.

Marginal Citations

M9 British Standards Institution (2003), see Part 1, “Fume cupboards: vocabulary”, ISBN 0 580 42947 4.