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1 As prescribed under section 2(1) of the Environmental Protection Act 1990.

2 General Guidance Note 1 (GG1) - "Introduction to Part I of the Act" - includes general guidance on the interpretation of "best available techniques not entailing excessive cost", the requirements of Articles 4, 12 and 13 of EC Directive 84/360/EEC, and the meaning of "existing processes".

3 for the purposes of this clause (Clause 1), "existing process" should be taken to have the following meaning (which is based on paragraph 14 of Schedule 3 to SI 1991/472):

1. a process which was being carried on at some time in the 12 months immediately preceding the first day of the month following publication of this guidance note;



2. a process which is to be carried on at a works, plant or factory or by means of mobile plant which was under construction or in the course of manufacture or in the course of commission on the first day of the month following publication of this guidance note, or the construction or supply of which was the subject of a contract entered into before that date.

"New processes" should be taken to have a corresponding meaning.

4 "Dark Smoke" should be taken to have the same meaning as in section 3(1) of the Clean Air Act 1993, namely smoke as dark or darker than Shade 2 on the Ringelmann chart.

5 "Black Smoke" should have the meaning defined in the Dark Smoke (Permitted Periods) Regulations 1958, SI 498, namely smoke as dark or darker than Shade 4 on the Ringelmann chart.

6 Notes on the Ringelmann and Miniature Smoke Charts, are given in British Standard BS 2742:1969.

7. "Odour Measurement and Control - An Update" published by National Environmental Technology Centre, Culham, Abingdon, Oxon OX14 3DB, ISBN 0-85624-8258, £20 net. DoE/WO Additional Guidance AQ17(94), held by local enforcing authorities and the Air Quality Division of DoE, provides further advice on the assessment of odour. NB The Scottish Office equivalent of AQ17(94) is SN11(94).

8 It should be noted that the safety of sampling facilities and working practices is a matter for the Health and Safety Executive and should not be controlled under Part I of the Environmental Protection Act.

9 HMIP Technical Guidance Note Ml - "Sampling Facility Requirements for the monitoring of particulates in gaseous releases to atmosphere", published by HMSO, ISBN 0-11-752777-7, £5.

10 HMIP Technical Guidance Note M2 - "Monitoring Emissions of Pollutants at Source", published by HMSO, ISBN 0 11 752922 2, £10

11 Advice on when calcination is completed is given in the Federation of British Cremation Authorities Code of Cremation Practice.

12 HMIP Technical Guidance Note DI - "Guidelines on Discharge Stack Heights for Polluting Emissions", published by HMSO, ISBN 0 11 752794 7, £8.

13 The Air Quality Standards Regulations 1989 (SI 1989 No 317) specify current standards.