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Regulation 2

SCHEDULE 1AMENDMENTS OF THE PRINCIPAL REGULATIONS

PART 1AMENDMENTS OF SCHEDULE 1

1.  In Section 1.1 (gasification and associated processes)(1), for the words “In this Section,“refining natural gas”” there shall be substituted the words “In paragraph (c) of Part B of this Section, “refining natural gas””.

2.  In Part A of Section 1.3 (combustion processes)(2)—

(a)for paragraph (a) there shall be substituted the following paragraph—

(a)Burning any fuel in a combustion appliance with a net rated thermal input of 50 megawatts or more;;

(b)paragraph (b) shall be omitted;

(c)after paragraph (c) there shall be inserted the following—

For the purposes of paragraph (a) above, where—

(i)two or more boilers or furnaces with an aggregate net rated thermal input of 50 megawatts or more (disregarding any boiler or furnace with a net rated thermal input of less than 3 megawatts); or

(ii)two or more gas turbines or compression ignition engines with an aggregate net rated thermal input of 50 megawatts or more (disregarding any such turbine or engine with a net rated thermal input of less than 3 megawatts),

are operated by the same person at the same location those boilers or furnaces or, as the case may be, those turbines or engines, shall be treated as a single combustion appliance with a net rated thermal input of 50 megawatts or more..

3.  In Section 2.2 (non-ferrous metals)(3)—

(a)in paragraph (a) of Part A, for the words “or does not fall” there shall be substituted the words “and does not fall”;

(b)in paragraph (c) of Part A, for the words “paragraphs (a), (c), (d) or (g)” there shall be substituted the words “paragraph (a), (c) or (d)”;

(c)in paragraph (d) of Part A, for the words from “paragraphs (b)” to “Part B” there shall be substituted the words “paragraph (b), (c) or (d) of Part B”;

(d)in paragraph (g) of Part A, for the words “paragraph (a), (d) or (g)” there shall be substituted the words “paragraph (a) or (d)”;

(e)for paragraph (b) of Part B there shall be substituted the following paragraph—

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

(f)for paragraph (d) of Part B there shall be substituted the following paragraph—

(d)Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting process.;

(g)paragraph (g) of Part B shall be omitted;

(h)after paragraph (g) of Part B, for the words “paragraphs (a), (c), (d) and (g)” there shall be substituted the words “paragraphs (a), (c) and (d)”.

4.  In Section 4.1 (petrochemical processes)(4)

(a)for paragraph (d) of Part A there shall be substituted the following paragraph—

(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.;

(b)after paragraph (d) of Part A there shall be inserted the following paragraph—

(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.;

(c)for Part B there shall be substituted the following—

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.;

(d)at the end there shall be added the following—

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)..

5.  In Section 4.2 (the manufacture and use of organic chemicals)(5)—

(a)for paragraph (aa) there shall be substituted the following—

(aa)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;;

(b)after paragraph (aa) there shall be inserted the following paragraph—

(ab)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;;

(c)for Part B there shall be substituted the following—

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..

6.  In each of the following, that is to say—

(a)paragraph (d) of Part A of Section 4.5 (inorganic chemical processes)(6);

(b)Part A of Section 4.7 (pesticide production)(7);

(c)Part A of Section 4.8 (pharmaceutical production)(8);

(d)paragraph (b) of Part A of Section 6.1 (paper and pulp manufacturing processes)(9); and

(e)paragraph (b) of Part A of Section 6.5 (coating processes and printing),

there shall be added at the end the words “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 substance in column 2 of that Schedule”.

7.  In Part A of Section 6.9 (the treatment and processing of animal or vegetable matter), for the words from “where” to “Schedule 5” there shall be substituted the words “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 substance in column 2 of that Schedule”.

PART IIAMENDMENTS OF SCHEDULE 2

8.  In paragraph 2A of Schedule 2(10), after the words “Section 1.4,” there shall be inserted the words “Part A of Section 2.1,”.

9.  For paragraph 6 of Schedule 2(11) there shall be substituted the following paragraph—

6.  The following activities, that is to say—

(a)the unloading, screening, grading, mixing or otherwise handling of petroleum coke, coal, lignite, coke or any other coal product;

(b)the unloading of iron ore or burnt pyrites,

for use in a prescribed process by a person other than the person carrying on the process at the place where the process is carried on shall be treated as part of that process..

PART IIIAMENDMENTS OF SCHEDULE 5

10.  In Schedule 5(12), there shall be inserted in column 2—

(a)in the entry relating to pentachlorophenol and its compounds, after “350” the words “(expressed as PCP)”;

(b)in the entry relating to tributyltin compounds, after “4” the words “(expressed as TBT)”;

(c)in the entry to relating to triphenyltin compounds, after “4” the words “(expressed as TPT)”.

(1)

Section 1.1 was amended by S.I. 1994/1271, Schedule 3, paragraphs 1 to 3.

(2)

Part A of Section 1.3 was amended by S.I. 1992/614, Schedule 1, paragraph 6, and S.I. 1994/1271, Schedule 3, paragraph 5.

(3)

Section 2.2 was amended by S.I. 1992/614, Schedule 1, paragraph 8, S.I. 1993/2405, regulation 2(1), and S.I. 1994/1271, Schedule 1, paragraphs 5 and 6 and Schedule 3, paragraphs 11 to 13.

(4)

Section 4.1 was amended by S.I. 1994/1271, Schedule 3, paragraph 24.

(5)

Section 4.2 was amended by S.I. 1994/1271, Schedule 3, paragraph 25.

(6)

Paragraph (d) was amended by S.I. 1993/2405, regulation 2(2).

(7)

A new Part A was substituted by S.I. 1994/1271, Schedule 3, paragraph 30.

(8)

A new part A was substituted by S.I. 1994/1271, Schedule 3, paragraph 31.

(9)

Part A of Section 6.1 was amended by S.I. 1994/1271, Schedule 3, paragraph 35.

(10)

Paragraph 2A was inserted by S.I. 1993/2405, regulation 3, and amended by S.I. 1994/1271, Schedule 4, paragraph 1.

(11)

Paragraph 6 was amended by S.I. 1992/614, Schedule 1, paragraph 13.

(12)

A new Schedule 5 was inserted by S.I. 1994/1271, regulation 4(5) and Schedule 5.