Paragraph 44 exemption

Find out what paragraph 44 legislation says and what it means

What the legislation says

44 (1) Subject to sub-paragraph (2), heating iron, steel, ferrous-alloys, non-ferrous metal or non-ferrous metal alloys:
(a) in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts; and
(b) for the purpose of removing grease, oil or any other non-metallic containment.

44 (2) an operation does not fall within sub-paragraph (1) if:
(a) it is the removal by heat of plastic or rubber covering from scrap cable, or any asbestos contaminant;
(b) in the case of a process involving the heating of iron, steel or ferrous-alloys, that process is an activity described in Section 2,1 (other than paragraph (d) of Part B) of Part 2 of Schedule 1; or
(c) in the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, that process is an activity described in part A(1) of Section 2.2 of Part 2 of Schedule 1.

44 (3) Secure storage of waste intended to be submitted to such heating if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.

44 (4) In this paragraph:

'ferrous alloy' means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2 of Part 2 of Schedule 1.
'net rated thermal input' means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal;
'non-ferrous metal alloy' means an alloy which is not a ferrous alloy.

What this means

Paragraph 44 (1) (2) (a-c) exempts the heating of certain metals to remove non metallic contaminants provided the:

metals are not scrap cable
contaminant is not asbestos, and
burning process is not listed as a Part A or Part B activity in Schedule 1 of the Environmental Permitting Regulations 2007.

The furnace or furnaces together must have a net rated thermal input of less than 0.2 megawatts (200kW).

Paragraph 44 (3) allows storage of the material which is heated under the terms of the above paragraph, provided it is kept on an impermeable pavement with a sealed drain.

Questions and answers

We have provided the following questions and answers to help you further understand if this exemption covers the type of activity that you wish to undertake.

Q. I need to check if my activity is a Part A or Part B process. Where do I find the Environmental Permitting (England and Wales) Regulations 2007?
A. You can find these Regulations at this link The Environmental Permitting (England and Wales) Regulations 2007 No. 3538.

Q. Does this exemption cover the sorting, baling and shearing of ferrous and non-ferrous metals?
A. No, this exemption covers only the heating of metals to remove contaminants. Sorting baling and shearing of metals may require registration as a Paragraph 45 scrap metal exemption. Find out more information about Paragraph 45.

Example of an activity that is suitable for registration under the Paragraph 44 exemption:

To prepare a titanium alloy for the furnace, the metal is first heated to remove oil and grease contaminants.
The process is suitable for registration under a Paragraph 44 exemption providing all other conditions of the exemption are met.

Examples of activities that are not suitable for registration under the Paragraph 44 exemption: