The Environmental Permitting (England and Wales) Regulations 2010

CHAPTER 3 Mineral Industries

SECTION 3.1 Production of Cement and Lime

• Part A(1)

  (a)

  Producing cement clinker or producing and grinding cement clinker.

  (b)

  Producing lime—

  (i)

  in kilns or other furnaces with a production capacity of more than 50 tonnes per day; or

  (ii)

  if the activity is likely to involve the heating in any 12-month period of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.

• Part A(2)

  (a)

  Unless falling with Part A(1) of this Section, grinding cement clinker.

  (b)

  Unless falling within Part A(1) of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any 12-month period.

• Part B

  (a)

  Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

  (b)

  Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixtures, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

  (c)

  Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

  (d)

  Producing lime where the activity is not likely to involve the heating in any 12-month period of 5,000 or more tonnes of calcium carbonate or calcium magnesium carbonate or both in aggregate.

SECTION 3.2 Activities Involving Asbestos

Interpretation of Section 3.2

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

• Part A(1)

  (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; or

  (iii)

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

  (c)

  Destroying a railway vehicle by burning if asbestos has been incorporated in, or sprayed on to, its structure.

• Part B

  (a)

  Unless related to an activity falling within Part A(1) of this Section, the industrial finishing of—

  (i)

  asbestos cement;

  (ii)

  asbestos cement products;

  (iii)

  asbestos fillers;

  (iv)

  asbestos filters;

  (v)

  asbestos floor coverings;

  (vi)

  asbestos friction products;

  (vii)

  asbestos insulating board;

  (viii)

  asbestos jointing, packaging or reinforcement material;

  (ix)

  asbestos packing;

  (x)

  asbestos paper or card; or

  (xi)

  asbestos textiles.

SECTION 3.3 Manufacturing Glass and Glass Fibre

• Part A(1)

  (a)

  Manufacturing glass fibre.

  (b)

  Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture and the aggregate quantity of such substances manufactured in any 12-month period is likely to be 100 or more tonnes.

• Part A(2)

  (a)

  Manufacturing glass, unless falling within Part A(1) of this Section, where the melting capacity of the plant is more than 20 tonnes per day.

• Part B

  Unless falling within Part A(1) or Part A(2) of this Section—

  (a)

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

  (b)

  Manufacturing glass where the use of lead or any lead compound is involved.

  (c)

  Manufacturing 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; or

  (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)

  Manufacturing glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4 Production of Other Mineral Fibres

• Part A(1)

  (a)

  Unless falling within Part A(1) or Part A(2) of Section 3.3, melting mineral substances in plant with a melting capacity of more than 20 tonnes per day.

  (b)

  Unless falling within Part A(1) of Section 3.3, producing any fibre from any mineral.

SECTION 3.5 Other Mineral Activities

• Part A(2)

  (a)

  Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.

• Part B

  (a)

  Unless falling within Part A(1) or Part A(2) of any Section, 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, coke or any other coal product;

  (ii)

  screening, grading or mixing coal, 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 activity 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 calcined bauxite for the production of artificial corundum.

Interpretation and application of Part B

1.  In Part B—

“coal” includes lignite;

“designated mineral or mineral product” means—

(a)

clay, sand or any other naturally occurring mineral other than coal;

(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;

“retail sale” means sale to the final customer.

2.  Part B does not apply to any activity carried on underground.

SECTION 3.6 Ceramic Production

• Part A(1)

  (a)

  Manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

  (i)

  the kiln production capacity is more than 75 tonnes per day; or

  (ii)

  the kiln capacity is more than 4m³ and the setting density is more than 300 kg/m³,

  and a reducing atmosphere is used other than for the purposes of colouration.

• Part A(2)

  (a)

  Unless falling within Part A(1) of this Section, manufacturing ceramic products (including roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing in kilns, where—

  (i)

  the kiln production capacity is more than 75 tonnes per day; or

  (ii)

  the kiln capacity is more than 4m³ and the setting density is more than 300 kg/m³.

• Part B

  (a)

  Unless falling within Part A(1) or A(2) of this Section, firing heavy clay goods or refractory materials (other than heavy clay goods) in a kiln.

  (b)

  Vapour glazing earthenware or clay with salts.

Interpretation of Part B

1.  In Part B—

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

“refractory material” means 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.