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

Regulation 3(2)

SCHEDULE 2 Rules for the interpretation of Schedule 1

1.  These rules apply for the interpretation of Schedule 1 subject to any specific provision to the contrary in that Schedule.

2.  Any description of a process includes any other process carried on at the same location by the same person as part of that process; but this rule does not apply in relation to any two or more processes described in different sections of Schedule 1 which, accordingly, require distinct authorisation. For the purposes of this paragraph, two or more processes which are described in Part A of different Sections of Chapter 4 of Schedule 1 shall be treated as if they were described in the same section.

3.  Notwithstanding the rule set out in paragraph 2, where a combustion process described in Part A of Section 1.3 of Schedule 1 is operated, or where one or more boilers, furnaces or other combustion appliances which are operated as part of a process so described are operated, as an inherent part of and primarily for the purpose of a process described in Part A of Section 1.1, Part A of Section 1.4, Part A of Section 2.1, Part A of Section 6.3 or Part A of any Section of Chapter 4 (“the other process”), that combustion process or, as the case may be, the operation of those boilers, furnaces or appliances shall be treated as part of the other process and not as, or as part of, a separate combustion process.

4.  Notwithstanding the rule set out in paragraph 2, where a process of reforming natural gas described in paragraph (a) of Part A of Section 1.1 of Schedule 1 is carried on as an inherent part of and primarily for the purpose of producing a feedstock for a process described in Part A of any Section of Chapter 4 (“the other process”), that reforming process shall be treated as part of the other process and not as a separate process.

5.  Notwithstanding the rule set out in paragraph 2, where the same person carries on at the same location two or more Part B processes described in the provisions of Schedule 1 mentioned in any one of the following sub-paragraphs, those processes shall be treated as requiring authorisation as a single process falling within Part B of the Section first mentioned in the relevant sub-paragraph—

(a) Section 2.1 and Section 2.2;

(b) Section 3.4 and Section 3.1;

(c) Section 3.6 and Section 3.4;

(d) Section 6.5 and Section 6.6;

(e) Section 3.4 and Section 6.3.

6.  Notwithstanding the rule set out in paragraph 2, where the same person carries on at the same location two or more Part C processes described in the provisions of Schedule 1 mentioned in any one of the following sub-paragraphs, those processes shall be treated as requiring authorisation as a single process falling within Part C of the Section first mentioned in the relevant sub-paragraph—

(a) Section 2.1 and Section 2.2;

(b) Section 3.1 and Section 3.4;

(c) Section 3.6 and Section 3.4;

(d) Section 6.5 and Section 6.6;

(e) Section 6.7 and paragraph (e) of Part C of Section 1.3 insofar as it relates to any process for the burning of waste wood.

7.  Where a person carries on a process which includes two or more processes mentioned in the same section of Schedule 1, those processes shall be treated as requiring authorisation as a single process. Where the processes are described in more than one Part of the Section and one of the processes is a Part A process, then any Part B or Part C processes shall be regarded as part of the Part A process and so subject to central control. Where the processes are described in Part B and Part C, then any Part C processes shall be regarded as part of the Part B process and so subject to restricted central control.

8.  Where a person carries on a process which includes two or more processes described in Part A of different Sections of Chapter 4 of Schedule 1, those processes shall be treated as a single process falling within a description determined in accordance with the rule set out in paragraph 10.

9.—(1) Where paragraph 8 does not apply, but—

(a) two or more processes falling within descriptions in Part A of any Sections of Chapter 4 of Schedule 1 are carried on at the same location by the same person; and

(b) the carrying on of both or all of those processes at that location by that person is not likely to produce more than 250 tonnes of relevant products in any 12 month period,

those processes shall be treated as a single process falling within the description in whichever relevant Section is first mentioned in the sequence set out in paragraph 10.

(2) In sub-paragraph (1), “relevant products” means any products of the processes in question, other than—

(a) solid, liquid or gaseous waste;

(b) by-products, if the total value of all such by-products is insignificant in comparison to the total value of the output of the processes; or

(c) any substance or material retained in or added to the final product formulation, not as an active ingredient, but as a diluent, stabiliser or preservative or for a similar purpose.

10.  Where a process falls within two or more descriptions in Schedule 1, that process shall be regarded as falling only within that description which fits it most aptly: but where two or more descriptions are equally apt and a process falls within descriptions in different sections of Chapter 4, it shall be taken to fall within the description in whichever relevant Section is first mentioned in the sequence, 4.5; 4.2; 4.1; 4.4; 4.3; 4.6; 4.7; 4.8; 4.9.

11.  Notwithstanding the rules set out in paragraphs 2 and 7 any description of a Part B or Part C process includes any related process which would fall within Part A of Section 1.3 if it were not so related.

12.  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 a person carrying on the process at the place where the process is carried on shall be treated as a part of that process.

13.—(1) Where by reason of the use at different times of different fuels or different materials or the disposal at different times of different wastes, processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part A processes and one or more other processes, the other processes shall be regarded as within the descriptions of the Part A processes.

(2) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part B processes and one or more other processes ( but no Part A processes), all those processes shall be regarded as within the descriptions of the Part B processes.

(3) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant and machinery and those processes include Part B processes falling within different Sections of Schedule 1 (but no Part A processes), those processes shall notwithstanding the rule set out in paragraph 2, be treated as a single Part B process falling within the description in whichever of those Sections first appears in that Schedule.

(4) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant or machinery and those processes include one or more Part C processes and one or more other processes( but no Part A or Part B processes), all those processes shall be regarded as within the descriptions of the Part C processes.

(5) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant and machinery and those processes include Part C processes falling within different Sections of Schedule 1 (but no Part A or Part B processes), those processes shall notwithstanding the rule set out in paragraph 2, be treated as a single Part C process falling within the description in whichever of those Sections first appears in that Schedule.

14.  The reference to “any other process” in paragraph 2 and the references to “other processes” in paragraph 13 do not include references to a process (other than one described in Schedule 1) of loading or unloading any ship or other vessel.

15.  Where in the course of, or as a process ancillary to, any prescribed process the person carrying on the process uses, treats, or disposes of waste (other than by means of the process described in paragraph (c) of Part A of Section 5.1 of Schedule 1) at the same location (whether as fuel or otherwise), the use, treatment, or disposal of that waste shall, notwithstanding the rule set out in paragraph 2, be regarded as falling within the description of the prescribed process, whether the waste was produced by the person carrying on the process or acquired by him for such use, treatment, or disposal.

16.  References in Schedule 1 and this Schedule to related processes are references to separate processes carried on by the same person at the same location.

17.  References to a process involving the release of a substance falling within a description in Schedule 4 or 5 do not affect the application of paragraphs (1) and (2) of regulation 4.