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Paragraph 3B F1F2

(1)

Where paragraph 3A 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 4.

(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.

Annotations

Textual amendments

F1

Regulations revoked (E.W.) (6.4.2008) by The Environmental Permitting (England and Wales) Regulations 2007 (S.I. 2007/3538), reg. 1(1)(b), Sch. 22 (with regs. 69-72); and lapsed (S.) by virtue of repeal of power conferring provision 1990 c. 43, s. 2 (S.) (1.4.2015) by Pollution Prevention and Control Act 1999 (c. 24), s. 7(3), Sch. 3 (with s. 7(7)); S.S.I. 2015/74, art. 2(2)(b)

F2

Sch. 2 paras. 2-3B substituted for Sch. 2 paras. 2, 3 (26.10.1993) by The Environmental Protection (Prescribed Processes and Substances) (Amendment) (No. 2) Regulations 1993 (S.I. 1993/2405), regs. 1(1), 3