The Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998

Citation and commencement

1.  These regulations may be cited as the Industrial Pollution Control (Prescribed Processes and Substances) Regulations (Northern Ireland) 1998, and shall come into operation on 2nd March 1998.

Interpretation

2.  In these regulations:—

“the Order” means the Industrial Pollution Control (Northern Ireland) Order 1997;

“background concentration” has the meaning given to that term in regulation 4(9);

“Part A process” means a process falling within a description set out in Schedule 1 under the heading “Part A”;

“Part B process” means a process falling within a description so set out under the heading “Part B”;

“Part C process” means a process falling within a description so set out under the heading “Part C”;

“integrated central control”, “restricted central control” and “local control” have the same meaning as in Article 5 of the Order; and

“particulate matter” means grit, dust, or fumes.

Prescribed Processes

3.—(1) Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 are prescribed pursuant to Article 3(1) of the Order, as processes for the carrying on of which after the prescribed date an authorisation is required under Article 6 of the Order.

(2) Schedule 2 has effect for the interpretation of Schedule 1.

(3) In paragraph (1), the prescribed date means the appropriate date set out or determined in accordance with Schedule 3.

Exceptions

4.—(1) Subject to paragraph (8), a process shall not be taken to be a Part A process if it has the following characteristics, namely—

(a) that it cannot result in the release into the air of any substance prescribed by regulation 6(1) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant; and

(b) that it cannot result in the release into water of any substance prescribed by regulation 6(2) except—

(i) in a concentration which is no greater than the background concentration; or

(ii) in a quantity which does not, in any 12 month period, exceed the background quantity by more than the amount specified in relation to the description of substance in column 2 of Schedule 5; and

(c) that it cannot result in the release into land of any substance prescribed by regulation 6(3) or there is no likelihood that it will result in the release into land of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant.

(2) Subject to paragraph (8), a process shall not be taken to be a Part B or a Part C process unless it will, or there is the likelihood that it will result in the release into the air of one or more substances prescribed by regulation 6(1) in a quantity greater than that mentioned in paragraph 1(a).

(3) A process shall not be taken to fall within a description in Schedule 1 if it is carried on in a working museum to demonstrate an industrial process of historic interest or if it is carried on for educational purposes in a school as defined by Article 2(1) of the Education and Libraries (Northern Ireland) Order 1986(1).

(4) The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels or provides electricity for it shall not be taken to fall within a description in Schedule 1.

(5) The running of an engine in order to test it before installation or in the course of its development shall not be taken to fall within a description in Schedule 1.

(6) The use of a fume cupboard shall not be taken to fall within a description in Schedule 1 if it is used as a fume cupboard in a laboratory for research or testing, and it is not—

(a) a fume cupboard which is an industrial and continuous production process enclosure; or

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

• In this paragraph, “fume cupboard” has the meaning given by the British Standard ‘Laboratory fume cupboards’ published by the British Standards Institution numbered BS7258: Part 1: 1990.

(7) A process shall not be taken to fall within a description in Schedule 1 if it is carried on as a domestic activity in connection with a private dwelling.

(8) Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from the requirement for authorisation if the process may give rise to an offensive smell noticeable outside the premises where the process is carried on.

(9) In these Regulations—

“background concentration” means any concentration of the relevant substance which would be present in the release irrespective of any effect the process may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of the substance as is referred to in paragraph (10) ; and

“background quantity” means such quantity of the relevant substance as is referred to in paragraph (10).

(10) The concentration or, as the case may be, quantity mentioned in paragraph (9) is such concentration or quantity as is present in—

(a) water supplied to the premises where the process is carried on;

(b) water abstracted for use in the process; and

(c) precipitation onto the premises on which the process is carried on.

Enforcement

5.—(1) The descriptions of processes set out in Schedule 1 under the heading “Part A” are designated pursuant to Article 3 of the Order for integrated central control.

(2) The descriptions of processes set out in Schedule 1 under the heading “Part B” are so designated for restricted central control.

(3) The descriptions of processes set out in Schedule 1 under the heading “Part C” are so designated for local control.

Prescribed substances: release into the air, water, or land

6.—(1) The descriptions of substances set out in Schedule 4 are prescribed pursuant to Article 3(5) of the Order as substances the release of which into the air is subject to control under Articles 6 and 7 of the Order.

(2) The descriptions of substances set out in column 1 of Schedule 5 are so prescribed as substances the release of which into water is subject to control under those Articles.

(3) The descriptions of substances set out in Schedule 6 are so prescribed as substances the release of which into land is subject to control under those Articles.

Sealed with the Official Seal of the Department of the Environment on

L.S.

R. W. Rogers

Assistant Secretary

2nd February 1998.