The Pollution Prevention and Control (Scotland) Regulations 2012

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 F1 ... with chemicals, other than exclusively treating against sapstain, in an installation with a production capacity of more than 75 m3 per day.

Textual Amendments

F1 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, [F2 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

F2 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 M1 .

Marginal Citations

M1 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 [F3 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 M2 [F4 would have applied immediately prior to exit day].

Textual Amendments

F3 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)

F4 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

M2 OJ L 140, 5.6.2009, p.114.

PART B S

NIL