The Pollution Prevention and Control (Scotland) Regulations 2012

Regulations 2, 12 and 20

SCHEDULE 1 S ACTIVITIES AND INSTALLATIONS AND MOBILE PLANT

PART 1 S ACTIVITIES

CHAPTER 1 S ENERGY INDUSTRIES

SECTION 1.1 S Combustion

PART A S

Burning any fuel in a combustion appliance with a rated thermal input of 50 megawatts or more.

Interpretation of Part A S

For the purposes of Part A, where two or more appliances with an aggregate rated thermal input of 50 megawatts or more are operated on the same site by the same operator those appliances are be treated as a single appliance with a rated thermal input of 50 megawatts or more.

PART B S

Unless described in Part A of this section—

(a) Burning any fuel in a boiler or furnace with a rated thermal input of more than 20 megawatts and less than 50 megawatts,

(b) Burning any fuel in a gas turbine or compression ignition engine with a rated thermal input of more than 20 megawatts and less than 50 megawatts.

[F1 (c) Burning any fuel in a combination of appliances with a total rated thermal input of more than 20 megawatts and less than 50 megawatts in an installation to which Schedule 1A applies.]

[F2 (d) Burning any fuel in a medium combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than or equal to 20 megawatts.]

Textual Amendments

F1 Sch. 1 Pt. 1 s. 1.1 Pt. B(c) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(i)

F2 Sch. 1 Pt. 1 s. 1.1 Pt. B(d) inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 11

Interpretation of Section 1.1 S

For the purposes of section 1.1—

“rated thermal input” is 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.

[F3 Interpretation of Part B S

For the purposes of paragraph (c) of Part B—

(a) “appliance” means a boiler, furnace, gas turbine or compression ignition engine, and

(b) fuel is burned in a combination of appliances where two or more appliances are operated on the same site.]

Textual Amendments

F3 Words in sch. 1 Pt. 1 s. 1.1 Pt. B inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(ii)

SECTION 1.2 S Gasification, liquefaction and refining activities

PART A S

(a) Refining gas including natural gas or its products,

(b) Production of coke,

(c) Pyrolysis, carbonisation, distillation, gasification, liquefaction, partial oxidisation or other heat treatment of coal (other than drying of coal), lignite, oil, or other carbonaceous material or mixtures, otherwise than with a view to making charcoal,

(d) Gasification or liquefaction of fuels other than as described in paragraph (c) in installations with a total rated thermal input of 20 megawatts or more,

(e) The refining of mineral oils, or the loading, unloading or other handling of, the storage of, or other physical, chemical or thermal treatment of—

(i) crude oil, or

(ii) stabilised crude petroleum.

(f) Purifying or refining any of the products of an activity mentioned in paragraph (a) or its conversion into a different product.

Nothing in paragraph (c) or (f) refers to the use of any substance as a fuel or its incineration or pyrolysis as a waste or to any activity for the treatment of sewage sludge.

In paragraph (c), the heat treatment of oil does not include heat treatment of waste oil or waste emulsions containing oil in order to recover the oil from aqueous emulsions.

Interpretation of Part A S

In Part A—

“carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood, and

“rated thermal input” has the same meaning as in Section 1.1.

PART B S

(a) Blending odorant for use with natural gas or liquefied petroleum gas,

(b) The following activities:—

(i) the storage of petrol in stationary storage tanks at a terminal, or the loading or unloading of petrol into or from a road tanker, a rail tanker or an inland waterway vessel at a terminal,

(ii) the unloading of petrol into stationary storage tanks at a service station if the total quantity of petrol unloaded into such tanks at the service station in any 12 month period is likely to be equal to or greater than 500m3.

(c) Motor vehicle refuelling activities at an existing service station if the petrol refuelling throughput at the station in any 12 month period is more than 3000m3,

(d) Motor vehicle refuelling activities at a new service station if the petrol refuelling throughput at the station in any 12 month period is, or is intended to be, 500m3 or more,

(e) Motor vehicle refuelling activities at a new service station if the petrol refuelling throughput at the station in any 12 month period is, or is intended to be, 100m3 or more and the service station is under permanent living quarters or working areas.

Interpretation of Part B S

1.  In Part B—

“existing service station” means a service station—

(a)

which is put into operation, or

(b)

for which planning permission under the Town and Country Planning (Scotland) Act 1997 M1 is granted,

before 31st December 2011,

“inland waterway vessel” means a vessel, other than a sea-going vessel, having a total dead weight of 15 tonnes or more,

“new service station” means a service station which is put into operation on or after 1st January 2012, and includes an existing service station where a major refurbishment is completed on or after that date (and for that purpose a major refurbishment means a significant alteration or renewal of the station infrastructure, in particular the tanks and pipes),

“petrol” means any petroleum derivative, with or without additives, having a Reid vapour pressure of 27.6 kPa or more which is intended for use as a fuel for motor vehicles, other than liquefied petroleum gas,

“service station” means any premises where petrol is dispensed to motor vehicle fuel tanks from stationary storage tanks, other than premises described in paragraphs (c) to (e) used only in connection with the construction and delivery of new vehicles,

“terminal” means any premises which are used for the storage and loading of petrol into road tankers, rail tankers or inland waterway vessels.

Marginal Citations

M1 1997 c.8, to which there are amendments not relevant to these Regulations.

2.—(1) Any expression used in Part B and in a Directive specified in sub-paragraph (2) has the same meaning in that Part as in the Directive. S

(2) The specified Directives are—

(a) European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations M2 , and

(b) Directive 2009/126/EC of the European Parliament and the Council on stage II petrol vapour recovery during the refuelling of motor vehicles at service stations M3 .

Marginal Citations

M2 OJ L 365, 31.12.94, p.24.

M3 OJ L 285, 31.10.2009, p.36.

CHAPTER 2 S PRODUCTION AND PROCESSING OF METALS

SECTION 2.1 S Ferrous metals

PART A S

(a) Roasting or sintering metal ore, including sulphide ore, or any mixture of iron ore with or without other materials,

(b) Producing, melting or refining iron or steel or any ferrous alloy, including continuous casting, except where the only furnaces involved are—

(i) electric arc furnaces of less than 7 tonnes designed holding capacity, or

(ii) cupola, crucible, reverbatory, rotary, induction, vacuum, electro-slag or resistance furnaces,

(c) Processing ferrous metals and their alloys by using hot-rolling mills with a production capacity of more than 20 tonnes of crude steel per hour,

(d) Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any period of 12 months of iron ore, except in the course of mining operations, or burnt pyrites,

(e) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of more than 2.5 tonnes per hour unless falling within paragraph (b) of Part A of this Section,

(f) Operating hammers in a forge, the energy of which is more than 50 kilojoules per hammer, where the calorific power used is more than 20 megawatts,

(g) Applying protective fused metal coatings with an input of more than 2 tonnes of crude steel per hour,

(h) Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

PART B S

(a) Producing pig iron or steel, including continuous casting, in a plant with a production capacity of 2.5 tonnes or less per hour, unless falling within paragraph (b) of Part A of this Section,

(b) Producing, melting or refining iron or steel or any ferrous alloy (other than producing pig iron or steel, and including continuous casting) using—

(i) one or more electric arc furnaces, none of which has a designed holding capacity of 7 tonnes or more, or

(ii) a cupola, crucible furnace, reverberatory furnace, rotary furnace, induction furnace, vacuum furnace, electro-slag furnace or resistance furnace,

unless falling within paragraph (e) or (h) of Part A of this Section,

(c) Desulphurising iron, steel or any ferrous alloy,

(d) Heating iron, steel or any ferrous alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering scrap cable) unless—

(i) it is carried out 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,

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant, and

(iii) it is not related to any other activity falling within this Part of this Section,

(e) Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal falling within Part A of this Section.

Interpretation of Section 2.1 S

In this Section, “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 below.

SECTION 2.2 S Non-ferrous metals

PART A S

(a) Producing non-ferrous metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic activities and in this paragraph “secondary raw materials” include scrap and other waste,

(b) Melting, including making alloys, of non-ferrous metals, including recovered products, and the operation of non-ferrous metal foundries in an installation with a melting capacity exceeding—

(i) 4 tonnes per day for lead or cadmium, or

(ii) 20 tonnes per day for all other metals in aggregate.

(c) Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05 per cent by weight of either of those metals or of both of those metals in aggregate,

(d) Unless described elsewhere in this Section, melting (including making alloys, of non-ferrous metals, including recovered products), refining and foundry casting in a furnace, bath or other holding vessel which has a design holding capacity of 5 tonnes or more.

PART B S

(a) The melting, including making alloys, of non ferrous metals, including recovered products, refining, foundry casting, etc. in an installation which has a design holding capacity of less than 5 tonnes, other than in respect of an activity—

(i) described in Part A, or

(ii) carried out in respect of tin, or an alloy which in molten form contains 50 per cent or more by weight of tin,

(b) The separation of copper, aluminium, magnesium or zinc from mixed scrap by differential heating,

(c) The heating in a furnace or any other application of any non-ferrous metal or non-ferrous metal alloy for the purpose of removing grease, oil or any other non-metallic contaminant, including such operations as the removal by heat of plastic or rubber covering from scrap cable if not related to another activity described in this Part; but an activity does not fall within this paragraph if—

(i) it involves the use of one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a rated thermal input of less than 0.2 megawatts, and

(ii) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant;

(d) Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 tonnes per day,

(e) Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate not exceeding 20 tonnes per day.

Interpretation of Part B S

In this Part, “rated thermal input” has the same meaning as in Section 1.1.

Interpretation of Section 2.2 S

In this Section, “non-ferrous metal alloy” and cognate expressions mean an alloy which is not a ferrous alloy as defined in Section 2.1.

Nothing in paragraph (c) or (d) of Part A or in Part B of this Section prescribes the activities of hand soldering, flow soldering or wave soldering.

SECTION 2.3 S Surface treating metals and plastic materials

PART A S

(a) Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3,

(b) Surface treating materials using cadmium or any compound thereof where the activity may result in the release into the air or water of cadmium and its compounds, as listed in column 1 of the Table in paragraph 10 of Part 2 of this Schedule, in a quantity which, in any 12 month period, exceeds the background quantity for cadmium and its compounds by more than the amount specified in relation to it in column 2 of that Table.

PART B S

Any process for the surface treatment of metal that is likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within a description in Part A of this Section.

CHAPTER 3 S MINERAL INDUSTRIES

SECTION 3.1 S Production of cement, lime and magnesium oxide

PART A S

(a) Producing cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day,

(b) Producing lime or magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.

PART B S

(a) Any of the following activities:—

(i) storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk,

(ii) blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixture, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products,

(iii) grinding cement clinker.

(b) Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

(c) Heating calcium carbonate or calcium magnesium carbonate for the purpose of making lime.

SECTION 3.2 S Activities involving asbestos

PART A S

(a) Producing asbestos or manufacturing products based on or containing asbestos.

(b) Stripping asbestos from railway vehicles except—

(i) in the course of the repair or maintenance of the vehicle,

(ii) in the course of recovery operations following an accident

(iii) where the asbestos is permanently bonded in any material, including in particular in cement, plastic, rubber or resin.

PART B S

The industrial finishing, including shaping, drilling, or fitting manufactured asbestos products, of any of the following products where not carried out in conjunction with manufacture—

• asbestos filters,

• asbestos friction products,

• asbestos jointing, packaging, and reinforcement material,

• asbestos packing,

• asbestos textiles.

Interpretation of Section 3.2 S

In this Section, “asbestos” includes any of the following fibrous silicates: actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite.

SECTION 3.3 S Glass and glass fibre manufacture

PART A S

Manufacturing glass or glass fibre in an installation with a melting capacity exceeding 20 tonnes per day.

PART B S

Unless it is an activity described in Part A of this Section—

(a) Manufacture of glass at any location with the capacity to make 5,000 tonnes or more in any 12 month period, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

(b) Manufacture of glass where the use of lead or any lead compound is involved.

(c) Making any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(i) making products from lead glass blanks,

(ii) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

(d) Polishing or etching glass or glass products in the course of any manufacturing activity if—

(i) hydrofluoric acid is used, or

(ii) hydrogen fluoride may be released into the air,

(e) The manufacture of glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

SECTION 3.4 S Production of other mineral fibres

PART A S

Melting mineral substances, including the production of mineral fibres, in an installation with a melting capacity exceeding 20 tonnes per day.

PART B S

NIL

SECTION 3.5 S Other mineral activities

PART A S

Manufacturing cellulose fibre reinforced calcium silicate board.

PART B S

(a) Unless falling within any other description in any Part A of this Schedule, the crushing, grinding or other size reduction (other than the cutting of stone), or the grading, screening or heating of any designated mineral or mineral product, except where the operation of the activity is unlikely to result in the release into the air of particulate matter.

(b) Any of the following activities, unless carried on at an exempt location:—

(i) crushing, grinding or otherwise breaking up coal or coke or any other coal product,

(ii) screening, grading or mixing coal, or coke or any other coal product,

(iii) loading or unloading petroleum coke, coal, coke or any other coal product, except unloading on retail sale.

(c) The crushing, grinding or other size reduction, with machinery designed for that purpose, of bricks, tiles or concrete.

(d) Screening the product of any such activity as is described in paragraph (c).

(e) Coating road stone with tar or bitumen.

(f) Loading, unloading, or storing pulverised fuel ash in bulk prior to further transportation in bulk.

(g) The fusion of calcinated bauxite for the production of artificial corundum.

Interpretation of Part B S

In this Part—

“coal” includes lignite,

“designated mineral or mineral product” means—

(a)

clay, sand and any other naturally occurring mineral other than coal or lignite,

(b)

metallurgical slag,

(c)

boiler or furnace ash produced from the burning of coal, coke or any other coal product,

(d)

gypsum which is a by-product of any activity,

“exempt location” means—

(a)

any premises used for the sale of petroleum coke, coal, coke or any coal product where the throughput of such substances at those premises in any 12 month period is in aggregate likely to be less than 10,000 tonnes, or

(b)

any premises to which petroleum coke, coal, coke or any coal product is supplied only for use there, and

“retail sale” means sale to the final customer.

Nothing in this Section applies to any activity carried on underground.

SECTION 3.6 S Ceramic production

PART A S

Manufacturing ceramic products (such as roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain) by firing—

(a) in kilns with a production capacity exceeding 75 tonnes per day, or

(b) where the kiln capacity exceeds 4m3, and the setting density of the kiln exceeds 300 kg/m3.

PART B S

(a) Firing heavy clay goods or refractory goods other than heavy clay goods in a kiln where the activity does not fall within a description in Part A of this Section.

(b) Vapour glazing earthenware or clay with salts.

Interpretation of Part B S

In this Part—

“clay” includes a blend of clay with ash, sand or other materials;

“refractory” means refractory material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications.

CHAPTER 4 S THE CHEMICAL INDUSTRY

Interpretation of Chapter 4 S

In this Chapter—

“Producing” as described in Part A of Sections 4.1 to 4.6 means the production by chemical or biological processing on an industrial scale of any listed substance or group of substances.

SECTION 4.1 S Organic chemicals

PART A S

Producing organic chemicals including—

(a) hydrocarbons, linear or cyclic, saturated or unsaturated, aliphatic or aromatic,

(b) organic compounds containing oxygen, including alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, phenols, epoxy resins,

(c) organic compounds containing sulphur, including sulphides, mercaptans, sulphonic acids, sulphonates, sulphates and sulphones and sulphur heterocyclics,

(d) organic compounds containing nitrogen including amines, amides, nitrous-, nitro- or azo-compounds, nitrate, nitriles, nitrogen heterocyclics, cyanates, isocyanates, di-isocyanates and di-isocyanate prepolymers,

(e) organic compounds containing phosphorus including substituted phosphines and phosphate esters,

(f) organic compounds containing halogens, such as halocarbons, halogenated aromatic compounds and acid halides,

(g) organometallic compounds, such as lead alkyls, Grignard reagents and lithium alkyls,

(h) plastic materials such as polymers, synthetic fibres and cellulose-based fibres;

(i) synthetic rubbers,

(j) dyes and pigments,

(k) surface-active agents,

(l) any other organic compounds not described in sub-paragraphs (a) to (k) above which have the potential to pollute the environment.

PART B S

(a) Unless described in Part A of this Section, the carrying out of any activity involving the use in any 12 month period of—

(i) 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate, or

(ii) partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of di-isocyanate monomers, where the activity may result in a release into the air of such monomers.

(b) The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

(c) Any activity, if not related to any other Part A activity, for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any styrene, which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene,

(d) Any activity, if not related to any Part A activity, for polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity described in Part A of this Section (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons), which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

Interpretation of Part B S

In this Part, “pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

SECTION 4.2 S Inorganic chemicals

PART A S

(a) Producing inorganic chemicals including—

(i) inorganic substances, including those in gaseous form, such as ammonia, hydrogen chloride, hydrogen fluoride, hydrogen cyanide and hydrogen sulphide, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, and phosgene,

(ii) acids, such as chromic acid, hydrofluoric acid, hydrochloric acid, hydrobromic acid, hydroiodic acid, phosphoric acid, nitric acid, sulphuric acid, oleum, sulphurous acids, and chlorosulphonic acid,

(iii) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide and calcium hydroxide,

(iv) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate, cupric acetate, ammonium phosphomolybdate,

(v) non-metals, metal oxides, metal carbonyls or other inorganic compounds such as calcium carbide, silicon, silicon carbide,

(vi) halogens or any compound comprising only—

(aa) two or more halogens, or

(bb) any one or more of those halogens and oxygen.

(b) Unless falling within a description in any other Section of any Chapter of this Schedule, any production activity which is likely to result in the release—

(i) into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal), or

(ii) into the air or water of any halogens or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water by chlorine).

(c) Unless falling within a description in any other Section of any Chapter of this Schedule, any production activity which uses, or is likely to result in the release of, hydrogen cyanide or hydrogen sulphide.

(d) Unless falling within a description in any other Section of any Chapter of this Schedule, producing any compounds, or using or recovering any mixture (other than in the application of a glaze or vitreous enamel), containing any of the following substances or their compounds:—

(i) antimony,

(ii) arsenic,

(iii) beryllium,

(iv) gallium,

(v) indium,

(vi) lead,

(vii) palladium,

(viii) platinum,

(ix) selenium,

(x) tellurium,

(xi) thallium,

(xii) cadmium, or

(xiii) mercury,

where the activity may result in the release into the air of any of those elements or their compounds or the release into water of any substance listed in column 1 of the Table referred to in paragraph 10 of Part 2 of this Schedule in a quantity which, in any 12 month period, exceeds the background quantity by more than the amount specified in relation to that substance in column 2 of that Table.

(e) Unless falling within a description in any other Section of any Chapter of this Schedule, recovering any compound of or engaging in any process of production which involves the use of cadmium or mercury or of any compound of either of those elements or which may result in the release to air of either of those elements or their compounds.

(f) Any other activity (except the combustion or incineration of carbonaceous material as defined in Section 1.2) which does not fall within a description in Sections 2.1, 2.2 or 2.3 and which may result in the release into the air of any acid forming oxide of nitrogen.

PART B S

NIL

SECTION 4.3 S Chemical fertiliser production

PART A S

Producing phosphorous, nitrogen or potassium based fertilisers (simple or compound).

PART B S

NIL

SECTION 4.4 S Biocide production

PART A S

Producing plant health products and biocides.

PART B S

NIL

SECTION 4.5 S Pharmaceutical production

PART A S

Producing pharmaceutical products, including intermediates.

PART B S

NIL

SECTION 4.6 S Explosives production

PART A S

Producing explosives, other than as part of an activity described in any other Section of this Chapter.

PART B S

NIL

SECTION 4.7 S Manufacturing activities involving ammonia

PART A S

Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

PART B S

NIL

SECTION 4.8 S Storage of chemicals in bulk

PART A S

NIL

PART B S

The storage, other than as part of a Part A activity or in a tank for the time being forming part of a powered vehicle, of any substance listed in column 1 of Table 1, except where the total capacity of tanks used for storage is less than the amount specified in column 2 of the Table.

Table 1

Substance	Amount(in tonnes)
Any one or more acrylates	20
Acrylonitrile	20
Anhydrous ammonia	100
Anhydrous hydrogen fluoride	1
Toluene di-isocyanate	20
Vinyl chloride monomer	20
Ethylene	8,000

Interpretation of Part B S

In this Part, “acrylate” means—

(a) acrylic acid,

(b) substituted acrylic acids,

(c) esters of acrylic acids, and

(d) esters of substituted acrylic acids.

CHAPTER 5 S WASTE MANAGEMENT

[F4 This chapter is to be interpreted in accordance with Article 3 of the Waste Framework Directive and the Special Waste Regulations 1996].

Textual Amendments

F4 Words in Sch. 1 Pt. 1 Ch. 5 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(18); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 5.1 S Incineration and co-incineration of waste

PART A S

Unless carried out as part of any other Part A activity, the—

(a) Incineration of hazardous waste in an incineration or co-incineration plant,

(b) Incineration of non-hazardous waste with the exception of waste which is biomass or animal carcasses in an incineration or co-incineration plant,

(c) Incineration of biomass waste in an incineration or co-incineration plant with a capacity of more than 3 tonnes per hour,

(d) Incineration of animal carcasses in an incineration or co-incineration plant, with a capacity of more than 10 tonnes per day,

(e) Incineration, other than incidentally in the course of burning solid or liquid waste, of any gaseous compound containing halogens arising from electrical equipment.

PART B S

(a) Incineration of biomass waste in an incineration or co-incineration plant with a capacity of—

(i) more than 50 kilograms per hour, and

(ii) equal to or less than 3 tonnes per hour.

(b) Incineration of animal carcasses in an incineration or co-incineration plant with a capacity—

(i) of more than 50 kilograms per hour, and

(ii) equal to or less than 10 tonnes per day.

(c) Cremation of human remains.

Interpretation of Section 5.1 S

In this Section—

“biomass waste” means—

(a)

vegetable waste from agriculture and forestry,

(b)

vegetable waste from the food processing industry, but only if the heat generated during incineration of the waste is recovered,

(c)

fibrous vegetable waste from virgin pulp production and from production of paper from pulp, but only if the—

(i)

waste is co-incinerated at the place of production of the waste, and

(ii)

heat generated during incineration of the waste is recovered,

(d)

cork waste, and

(e)

wood waste, with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,

“co-incineration” means—

(a)

the use of waste as a regular or additional fuel in a co-incineration plant, or

(b)

the thermal treatment of waste for the purposes of disposal in a co-incineration plant,

“co-incineration plant” means any stationary or mobile plant which uses waste as a regular or additional fuel—

(a)

whose main purpose is the generation of energy or the production of material products, and

(b)

in which waste is thermally treated for the purpose of disposal through—

(i)

the incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“hazardous waste” does not include any—

(a)

combustible liquid waste (including waste oils) provided that—

(i)

the mass content of polychlorinated aromatic hydrocarbons (that is, polychlorinated biphenyls (PCB) or pentachlorophenol (PCP)) in the waste amounts to concentrations not higher than those set out in the relevant Union legislation M4 ,

(ii)

the waste is not rendered hazardous by virtue of displaying properties set out in Annex III to the Waste Framework Directive, and

(iii)

the net calorific value of the waste amounts to at least 30 megajoules per kilogramme; and

(b)

other combustible liquid waste which cannot cause in the flue gas directly resulting from their combustion—

(i)

emissions other than those from gas oil as defined in Article 2(2) of Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 2005/33 M5 , or

(ii)

a higher concentration of emissions than those resulting from the combustion of gas oil as so defined;

“incineration” means the thermal treatment of waste with or without recovery of the combustion heat generated,

“incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through—

(i)

incineration by oxidisation of waste, or

(ii)

other thermal treatment processes (such as pyrolysis, gasification or a plasma process),

provided that the substances resulting from the treatment are subsequently incinerated,

“waste” means any solid or liquid waste as defined in Article 3(1) of the Waste Framework Directive.

Marginal Citations

M4 See in particular Council Directive 96/59/EC (OJ L 243, 24.09.96, p.31), as amended by Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).

M5 OJ L 121, 11.5.1999, p.13, as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.11), Directive 2005/33/EC (OJ L 191, 22.7.2005, p.59), Regulation (EC) No 219/2009 (OJ L 87, 31.3.2009, p.109), and Directive 2009/30/EC (OJ L 140, 5.6.2009, p.88).

SECTION 5.2 S Landfill and disposal to land

PART A S

(a) Landfill of waste at a landfill (other than a landfill for inert waste)—

(i) receiving more than 10 tonnes of waste per day, or

(ii) with a total capacity exceeding 25,000 tonnes.

(b) The disposal of waste in any other landfill to which the Landfill Regulations apply.

PART B S

NIL

Interpretation of Section 5.2 S

In this Section, “inert waste” means waste—

(a) that does not undergo any significant physical, chemical or biological transformation, or

(b) that will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health,

provided that the ability of any potentially polluting material contained in waste, and the ecotoxicology of the leachate is insignificant, and in particular does not endanger the quality either of surface water or groundwater.

SECTION 5.3 S Disposal or recovery of hazardous waste

PART A S

(a) Recovery by distillation of oil or organic solvents, other than as part of an activity described in any other Section of this Chapter [F5 or in Part 1 of Schedule 2].

(b) Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of—

(i) biological treatment,

(ii) physico-chemical treatment,

(iii) blending or mixing prior to submission to any of the other activities listed in this Section or in Section 5.1,

(iv) repackaging prior to submission to any of the other activities listed in this Section or in Section 5.1,

(v) solvent reclamation or regeneration,

(vi) recycling or reclamation of inorganic materials other than metals or metal compounds,

(vii) regeneration of acids or bases,

(viii) recovery of components used for pollution abatement,

(ix) recovery of components from catalysts,

(x) oil re-refining, recovery of oil by distillation, or other reuses of oil,

(xi) surface impoundment.

Textual Amendments

F5 Words in sch. 1 Pt. 1 s. 5.3 Pt A(a) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(iii)

PART B S

NIL

SECTION 5.4: Disposal, recovery or a mix of disposal or recovery of non-hazardous waste S

PART A S

(a) Disposal of non-hazardous waste at an installation with a capacity exceeding 50 tonnes per day by one or more of—

(i) biological treatment,

(ii) physico-chemical treatment,

(iii) pre-treatment [F6 of] waste for incineration or co-incineration,

(iv) treatment of slags and ashes,

(v) treatment in shredders of metal waste, including waste electrical and electronics equipment and end-of-life vehicles and their components.

(b) Recovery or a mix of recovery and disposal of non-hazardous waste at an installation with a capacity exceeding 75 tonnes per day (or 100 tonnes per day if the only waste treatment activity is anaerobic digestion) by one or more of—

(i) biological treatment,

(ii) pre-treatment of waste for incineration or co-incineration,

(iii) treatment of slags or ashes,

(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

Textual Amendments

F6 Word in sch. 1 Pt. 1 s. 5.4 Pt. A(a)(iii) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(iv)

Interpretation of Section 5.4 S

Nothing in this Section applies to any activity covered by [F7 the Urban Waste Water Treatment (Scotland) Regulations 1994].

Textual Amendments

F7 Words in Sch. 1 Pt. 1 Ch. 5 s. 5.4 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(19); 2020 c. 1, Sch. 5 para. 1(1)

PART B S

NIL

SECTION 5.5 S Production of fuel from waste

PART A S

Making solid fuel from waste using any process involving the use of heat, other than making charcoal.

PART B S

NIL

SECTION 5.6 S Temporary or underground storage of hazardous waste

PART A S

(a) Temporary storage in an installation with a capacity of more than 50 tonnes of hazardous waste pending any of the activities described in any of Sections 5.1 to 5.3 and paragraph (b) of this Section, excluding temporary storage, pending collection, on the site where the waste is generated.

(b) Underground storage of hazardous waste in an installation with a total capacity exceeding 50 tonnes.

Interpretation of Part A S

Nothing in paragraph (a) applies to waste at a storage site for the purposes of Section 5.2.

PART B S

NIL

SECTION 5.7: S Treatment of waste water

PART A S

Independently operated treatment of waste water not covered by [F8 the Urban Waste Water Treatment (Scotland) Regulations 1994] and discharged by an installation carrying out any other Part A activity.

Textual Amendments

F8 Words in Sch. 1 Pt. 1 Ch. 5 s. 5.7 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(20); 2020 c. 1, Sch. 5 para. 1(1)

PART B S

NIL

CHAPTER 6 S OTHER ACTIVITIES

SECTION 6.1 S Paper, pulp and panel manufacturing

PART A S

Producing in an industrial installation—

(a) pulp from timber or other fibrous materials,

(b) paper or card board if the production capacity is more than 20 tonnes per day,

(c) if the production capacity is more than 600 m3 per day, one or more of the following wood-based panels:—

(i) fibreboard,

(ii) orientated strand board, or

(iii) particleboard,

PART B S

NIL

SECTION 6.2 S Carbon activities

PART A S

Producing carbon or hard-burnt coal or electro-graphite by means of incineration or graphitization.

PART B S

NIL

SECTION 6.3 S Tar and bitumen processes

PART A S

Distilling tar or bitumen in connection with any process of manufacture where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, both.

Interpretation of Part A S

Nothing in Part A applies where the process of manufacture is carried out in connection with any other Part A activity at the same location where that activity is carried out.

PART B S

(a) Heating (but not distilling) tar or bitumen in connection with any process of manufacture, where the carrying on of those activities by the person concerned at the location in question is likely to involve a qualifying amount.

(b) Oxidising bitumen by blowing air through it, at installations where there are no other activities described in this Schedule where the carrying on of the activities by the person concerned at the location in question is likely to involve a qualifying amount,

Interpretation of Part B S

1.  Nothing in Part B applies to an activity described in Part A, or in any other Section of this Schedule.

2.  In Part B— S

“qualifying amount” means the use in any 12 month period of 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

Interpretation of Section 6.3 S

In Section 6.3, “tar” and “bitumen” include pitch.

SECTION 6.4 S Coating activities, printing and textile treatments

PART A S

(a) Pre-treating textile fibres or textiles by operations such as washing, bleaching, mercerisation or dyeing, where the treatment capacity is more than 10 tonnes per day.

(b) Surface treating substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kilogrammes per hour or more than 200 tonnes per year (whichever is the lesser).

PART B S

(a) Unless it is a Part A activity, any activity (other than the repainting or respraying of, or of part of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the activity may result in the release into the air of particulate matter or of any volatile organic compound, and is likely to involve the use in any 12 month period at any location of—

(i) 20 tonnes or more of any printing ink, paint or other coating material which is applied in solid form (other than in respect of an activity described in paragraph (g) of Part of Section 2.1),

(ii) 20 tonnes or more of any metal coating which is sprayed on in molten form,

(iii) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity, or

(iv) 5 tonnes or more of organic solvents in respect of any activity other than one described in sub-paragraph (iii).

(b) Repainting or respraying road vehicles or parts of them if the activity is not described in Part A and may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 2 tonnes or more of organic solvents in any period of 12 months.

(c) Repainting or respraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of—

(i) 20 tonnes or more of any paint or other coating material which is applied in solid form,

(ii) 20 tonnes or more of any metal coating which is sprayed on in molten form, or

(iii) 5 tonnes or more of organic solvents.

Interpretation of Part B S

1.  The amount of organic solvents used in an activity is calculated using the formula A-B, where—

• A is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, and

• B is the amount of organic solvents that are removed from the process for re-use or for recovery for re-use.

2.  In Part B— S

“aircraft” includes gliders and missiles,

“coating material” includes paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating, and

“organic solvent” has the same meaning as in Part 4 of Schedule 2.

SECTION 6.5 S The manufacture of dyestuffs, printing ink and coating materials

PART A S

Any manufacture of dyestuffs if the activity involves the use of hexachlorobenzene and is carried out at an installation not falling within any other description in any Part A of this Schedule.

PART B S

An activity, unless carried out at an installation described in any Part A of this Schedule, involving the—

(a) manufacture or formulation of any coating material (such as printing ink) containing, or involving the use of, an organic solvent, where the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 100 tonnes or more of organic solvents in any 12 months period,

(b) manufacture of a powder for use as a coating material where the installation has capacity to produce 200 tonnes or more of such powder in any 12 month period.

Interpretation of Part B S

The amount of organic solvent used in an activity is calculated using the formula A-B, where—

• A is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes, and

• B is the amount of organic solvents, not contained in coating materials, that are removed from the process for re-use or for recovery for re-use.

In this Part—

“coating material” has the same meaning as in Section 6.4, and

“organic solvent” has the same meaning as in Part 5 of Schedule 2.

SECTION 6.6 S Timber activities

PART A S

Preserving wood or wood products F9 ... with chemicals, other than exclusively treating against sapstain, in an installation with a production capacity of more than 75 m3 per day.

Textual Amendments

F9 Word in sch. 1 Pt. 1 s. 6.6 Pt A omitted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(v)(aa)

PART B S

Manufacturing wood products at any works, unless in connection with an activity described in paragraph (c) of Part A of Section 6.1, if the manufacture involves a relevant activity and the throughput of the works in any 12 month period is likely to exceed—

(a) 10,000 m3 in the case of works at which—

(i) wood is sawed but not otherwise subjected to a relevant activity, or

(ii) wood is subjected only to exempt activities, or

(b) 1,000 m3 in any other case.

Interpretation of Section 6.6 S

In this Section, “wood” includes any product consisting wholly or mainly of wood.

In Part B—

“relevant activity” means the sawing, drilling, sanding, shaping, turning, [F10 planing], shredding, curing or chemical treatment of wood,

“exempt activities” means a relevant activity where, if no sawing were carried on at the works, any such activity would be unlikely to result in the release into the air of any substances listed in paragraph 9 of Part 2 of this Schedule in a quantity which is capable of causing significant harm,

“throughput” is calculated by reference to the amount of wood which is subjected to a relevant activity, provided that where wood is subject to two or more relevant activities at the same works no account is taken of the second or subsequent activity,

“works” means any premises, such as a sawmill, on which a relevant activity is carried out on wood.

Textual Amendments

F10 Word in sch. 1 Pt. 1 s. 6.6 substituted (30.10.2014) by virtue of The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(a)(v)(bb)

SECTION 6.7 S Activities involving rubber

PART A S

Manufacturing new tyres, other than remoulds or retreads, involving the use in any 12 month period of 50,000 tonnes or more of one or more of natural rubber, or a synthetic organic elastomer, or any substance mixed with rubber or such an elastomer.

PART B S

(a) The mixing, milling or blending of natural rubber, or a synthetic organic elastomer, in which carbon black is used.

(b) Any activity which converts the product of an activity described in paragraph (a) into a finished product, if related to a activity falling within that paragraph.

SECTION 6.8 S Treatment of animal and vegetable matter and food industries

PART A S

(a) Tanning hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.

(b) Disposing of or recycling animal carcasses and animal waste at installations with a capacity exceeding 10 tonnes per day and other than by incineration or co-incineration at installations falling within Section 5.1 of this Schedule.

(c) Slaughtering animals in slaughterhouses with a carcass production capacity of more than 50 tonnes per day.

(d) Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from—

(i) only animal raw materials (other than milk only) with a finished product production capacity of more than 75 tonnes per day,

(ii) only vegetable raw materials with a finished product production capacity of more than—

(aa) 300 tonnes per day, or

(bb) 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;

(iii) animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than—

(aa) 75 if A is equal to 10 or more, or

(bb) 300 – (22.5 x A) in any other case

where ‘A’ is the portion of animal material in percent of weight of the finished product production capacity.

(e) Treating and processing milk, the quantity of milk received being more than 200 tonnes per day (average value on an annual basis).

PART B S

(a) Processing, storage or drying by heat of any part of a dead animal or of vegetable matter, unless it is an exempt activity, or an activity described in paragraph (d) of this Part, which may—

(i) result in the release into the air a substance referred to in paragraph 9 of Part 2 of this Schedule, or

(ii) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

(b) Breeding maggots in any case where 5 kilograms or more of animal or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

(c) The ensiling or storage of dead fish or fish offal in plant capable of retaining volumes—

(i) of less than or equal to 10m3 of ensiled liquor,

(ii) of more than 10m3 and less than or equal to 50m3 of ensiled liquor, or

(iii) of more than 50m3 of ensiled liquor.

(d) Treating and processing of dry vegetable or dry vegetable and animal matter intended for the production of animal food products through drying by the application of heat and milling, unless it is an exempt activity, which may—

(i) result in the release into the air of a substance referred to in paragraph 9 of Part 2 of this Schedule, or

(ii) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

Interpretation of Section 6.8 S

When calculating the weight of finished product for the purposes of paragraph (d) of Part A the weight of packaging must be ignored.

In this Section—

“animal” includes a bird or a fish,

“ensiling” means treatment by the application of acid or alkaline solutions for the purpose of rendering the material free from infectious disease and/or preventing the formation of offensive odours,

“exempt activity” means—

(a)

any activity carried out on a farm or agricultural holding, other than the manufacture of goods for sale,

(b)

the manufacture or preparation of food or drink for human consumption, but excluding—

(i)

the extraction, distillation or purification of animal or vegetable oil or fat, otherwise than as an activity incidental to the cooking of food for human consumption,

(ii)

any activity involving the use of green offal or the boiling of blood, except the cooking of food (other than tripe) for human consumption,

(iii)

the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,

(c)

the fleshing, cleaning and drying of pelts of fur-bearing mammals,

(d)

any activity carried out in connection with premises used in connection with the business of killing, flaying or cutting up animals, the flesh of which is not intended for human consumption, other than premises—

(i)

which are hunt kennels or other premises where the flesh is fed to animals,

(ii)

used for diagnostic, educational or research purposes, or

(iii)

where animals are cut up solely for the purpose of incineration,

(e)

any activity for the manufacture of soap not falling within a description in Part A of Section 4.1,

(f)

the storage of vegetable matter otherwise than as part of any prescribed activity,

(g)

the cleaning of shellfish shells,

(h)

the manufacture of starch,

(i)

the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds authorised under Article 18(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation),

(j)

the salting of hides or skins, unless related to any other prescribed activity,

(k)

any activity for composting animal or vegetable matter, or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms,

(l)

any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers,

(m)

the drying of grain or pulses,

(n)

any activity for the production of cotton yarn from raw cotton or for the conversation of cotton yarn into cloth,

“food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food, and

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents.

SECTION 6.9 S Intensive farming

PART A S

Rearing poultry or pigs intensively in an installation with more than—

(a) 40,000 places for poultry,

(b) 2,000 places for production pigs (over 30 kilograms), or

(c) 750 places for sows.

Interpretation of Part A S

In this Part, “poultry” has the same meaning as in point 1 of Article 2 of Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and import from, third countries of poultry and hatching eggs M6 .

Marginal Citations

M6 OJ L 343, 22.12.2009, p.74; as amended by Commission Decision 2011/214/EU (OJ L 90, 6.4.2011, p.27) and Commission Implementing Decision 2011/879/EU (OJ L 343, 23.12.2011, p.105).

PART B S

NIL

SECTION 6.10 S Carbon capture and storage

PART A S

Capture of carbon dioxide streams from an installation for the purposes of geological storage [F11 to which] Directive 2009/31/EC of the European Parliament and of the Council of 23rd April 2009 on the geological storage of carbon dioxide M7 [F12 would have applied immediately prior to exit day].

Textual Amendments

F11 Words in Sch. 1 Pt. 1 Ch. 5 s. 6.10 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(21)(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Sch. 1 Pt. 1 Ch. 5 s. 6.10 inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(21)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M7 OJ L 140, 5.6.2009, p.114.

PART B S

NIL

PART 2 S INTERPRETATION OF SCHEDULE

1.  This Part applies for the interpretation of this Schedule. S

2.—(1) An activity is not a Part B activity if— S

(a) it cannot result in the release into the air of a substance listed in paragraph 9, or

(b) there is no likelihood that it will result in the release into the air of any such substance except in a quantity such that—

(i) it is incapable of causing harm, or

(ii) its capacity to cause harm is insignificant.

(2) [F13 Sub-paragraph] (1) does not apply to an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.

Textual Amendments

F13 Word in sch. 1 Pt. 2 para. 2(2) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 10(b)

3.  An activity is not an activity described in Part 1 if it is— S

(a) carried out in a working museum to demonstrate an industrial activity of historic interest,

(b) carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980 M8 ,

(c) carried out as a domestic activity in connection with a private dwelling,

(d) subject to paragraph 4, carried out at an installation or mobile plant (or part of such an installation or plant) used solely for—

(i) research activities,

(ii) development activities, or

(iii) the testing of new products and processes,

(e) the running on or within a vehicle of an engine which propels any such vehicle, locomotive or vessel, or provides electricity for propulsion,

(f) the running of an engine—

(i) in order to test it before it is installed, or

(ii) for the purposes of developing the engine.

Marginal Citations

M8 1980 c.44. Section 135 was relevantly amended by section 2 of the Registered Establishments (Scotland) Act 1987 (c.4).

4.  Paragraph 3(2)(d) only applies to a waste incineration installation— S

(a) where the activity is carried out in order to improve the incineration process, and

(b) that treats less than 50 tonnes of waste per year.

5.—(1) The use of a fume cupboard is not an activity described in Part 1 if the fume cupboard is used in a laboratory for research or testing and it is not— S

(a) a fume cupboard which is an industrial and continuous production activity enclosure, or

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

6.  References in Part 1 to related activities are references to separate activities being carried out by the same person on the same site. S

7.—(1) This paragraph applies for the purpose of determining whether an activity carried out in a stationary technical unit falls within a description in Part A or Part B which refers to capacity (other than design holding capacity). S

(2) Where a person carries out more than one activity falling within the same description in Part A or Part B in different parts of the same stationary technical unit, or in different stationary technical units on the same site, the capacities of each part or unit are added together and the total capacity is attributed to each part or unit for the purpose of determining whether the activity carried out in the part or unit falls within a description in Part A or Part B.

(3) For the purpose of sub-paragraph (2), no account may be taken of capacity when determining whether activities fall within the same description.

(4) Where an activity falls within a description in Part A by virtue of this paragraph it is not to be treated as an activity falling within a description in Part B.

8.  Unless the context otherwise requires, where an activity falls within a description in Part A and a description in Part B the activity is to be treated as falling only within the description in Part A. S

9.  A reference in this Part or in Part 1 to, or to the release into the air of, a substance listed in this paragraph is a reference to any of the following substances:— S

(a) oxides of sulphur and other sulphur compounds,

(b) oxides of nitrogen and other nitrogen compounds,

(c) oxides of carbon,

(d) organic compounds and partial oxidation products,

(e) metals, metalloids and their compounds,

(f) asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres,

(g) halogens and their compounds,

(h) phosphorus and its compounds, or

(i) particulate matter.

10.—(1) A reference in Part 1 to the table in this paragraph is a reference to table 1. S

Table 1

Substance	Amount in excess of background quantity (in grams) in any 12 month period
Mercury and its compounds	200 (expressed as metal)
Cadmium and its compounds	1000 (expressed as metal)
All isomers of hexachlorocyclohexane	20
All isomers of DDT	5
Pentachlorophenol (PCP) and its compounds	350 (expressed as PCP)
Hexachlorobenzene	5
Hexachlorobutadiene	20
Aldrin	2
Dieldrin	2
Endrin	1
Polychlorinated biphenyls	1
Dichlorvos	0.2
1,2-dichloroethane	2000
All isomers of trichlorobenzene	75
Atrazine	350
Simazine	350
Tributyltin (TBT) compounds	4 (expressed as TBT)
Triphenyltin (TPT) compounds	4 (expressed as TPT)
Trifluralin	20
Fenitrothion	2
Azinphos-methyl	2
Malathion	2
Endosulfan	0.5

(2) In the Table, where both Atrazine and Simazine are released, the figure for both substances in aggregate is 350 grammes.

11.  In Part 1 of this Schedule— S

“background quantity” means, in relation to the release of a substance resulting from an activity, such quantity of that substance as is present in—

(a)

water supplied to the site where the activity is carried out,

(b)

water abstracted for use in the activity, and

(c)

precipitation onto the site on which the activity is carried out,

“Part A activity” means an activity falling within Part A of any Section in Part 1 of this Schedule;

“Part B activity” means an activity falling within Part B of any Section in Part 1 of this Schedule.

12.  In this Part— S

“fume cupboard” has the meaning given by British Standard BS EN 14175 on Fume Cupboards M9 ,

“vehicle” means an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive, or ship or other vessel.

Marginal Citations

M9 British Standards Institution (2003), see Part 1, “Fume cupboards: vocabulary”, ISBN 0 580 42947 4.

Regulation 20A

[F14 SCHEDULE 1A S Energy Efficiency Directive

Textual Amendments

F14 Sch. 1A inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), reg. 1(1), sch.

Application of Schedule S

1.   Subject to paragraphs 2 and 3, this Schedule applies to—

(a) a thermal electricity generation installation with a total thermal input exceeding 20 megawatts,

(b) an industrial installation with a total thermal input exceeding 20 megawatts generating waste heat at a useful temperature level, or

(c) an energy production installation with a total thermal input exceeding 20 megawatts in an existing district heating or cooling network,

for which an application for a permit, or an application for a variation of a permit due to a substantial refurbishment, is made on or after 30th October 2014.

2.— (1) This Schedule does not apply to individual installations, except an installation which forms part of a district heating and cooling network, with any of the following—

(a) available waste heat of 100 kilowatts or less,

(b) available waste heat—

(i) greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in the table, located within the connection distance from the centre of the source installation, or

(ii) greater than 500 kilowatts as steam where there is no steam-based heat demand greater than 500 kilowatts within the search radius from the centre of the installation as set out in the table, located within the connection distance from the centre of the source installation,

(c) a heat demand of—

(i) 100 kilowatts or less for a hot water heat demand, or

(ii) 500 kilowatts or less for a steam-based heat demand,

(d) a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the demand installation as set out in the table, located within the connection distance from the centre of the demand installation, or

(e) a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in the table, located within the connection distance from the centre of the demand installation.

(2) For the purposes of this paragraph, “connection distance” means—

(a) in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0038, or

(b) in the case of a steam heat link, the thermal capacity in kilowatts of the source or demand, whichever is smaller, multiplied by 0.0012,

expressed in kilometres.

TABLE

Search radius

Installation type	Thermal capacity of heat source/demand	Search radius (kilometres), measured from the centre of the installation
Hot water demand	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
	3.9 megawatts	15
Steam demand	>500 kilowatts and <12.5 megawatts	0.0012 x H, where H = thermal capacity in kilowatts
	12.5 megawatts	15
Waste heat source (hot water or steam)	>100 kilowatts and <3.9 megawatts	0.0038 x H, where H = thermal capacity in kilowatts
	3.9 megawatts	15

3.   This Schedule does not apply to—

(a) peak load and back-up electricity generating installations which operate or are planned to operate under 1,500 operating hours per year as a rolling average over a period of five years,

(b) nuclear power installations, or

(c) installations that need to be located close to a geological storage site [F15 for which a licence has been granted under section 18 of the Energy Act 2008].

Textual Amendments

F15 Words in Sch. 1A para. 3(c) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(22)(a); 2020 c. 1, Sch. 5 para. 1(1)

[F16 3A.— (1) Where this schedule does not apply to an installation by virtue of paragraph 3(a), SEPA must take appropriate steps to verify that the exemption criteria are met. S

(2) SEPA may comply with sub-paragraph (1) by—

(a) service of notice under regulation 63(2) requiring the operator of the installation to provide information required to verify the installation’s operating hours,

(b) inclusion of appropriate conditions in a permit for an installation of which the installation falling within paragraph 3(a) forms part.]

Textual Amendments

F16 Sch. 1A para. 3A inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 12

Applications and cost-benefit analysis S

4.   Subject to paragraph 5, an application for a permit under regulation 13 for an installation to which this Schedule applies must provide a cost-benefit analysis.

5.   An application in respect of a Part B installation where no activity listed in Schedule 1 other than the activity described in paragraph (c) of Part B of Section 1.1 of Schedule 1 will be carried out need include only—

(a) the information described in paragraph 1(1)(a) to (c), (f) and (s) of Schedule 4, and

(b) a cost-benefit analysis.

6.   Paragraphs 4 and 5 do not apply to any installation for which an application for a permit was made before 30th October 2014.

7.   No person may carry out a substantial refurbishment of an installation to which this Schedule applies except under and to the extent authorised by a permit.

8.   Where there is a proposed change in operation at an installation to which this Schedule applies, the operator of which has been granted a permit, and the change—

(a) results in an application for variation under regulation 46, and

(b) constitutes a substantial refurbishment,

the operator must include a cost-benefit analysis in addition to the information required by paragraph 1 of Schedule 7.

9.   Where there is a proposed change in operation at an installation to which this Schedule applies, the operator of which has been granted a permit, and the change—

(a) does not result in an application for variation under regulation 46, and

(b) constitutes a substantial refurbishment,

the operator must submit to SEPA the information described in paragraph 1(a) to (c) of Schedule 7, and a cost-benefit analysis.

10.   The requirements of paragraphs 8 and 13 of Schedule 4 and paragraph 4(4)(c) and (8) of Schedule 7 do not apply to an application in respect of a Part B installation where no activity listed in Schedule 1 other than the activity described in paragraph (c) of Part B of Section 1.1 is or will be carried out.

11.   The cost-benefit analysis must be carried out in accordance with Part 2 of Annex IX of the Energy Efficiency Directive and must—

(a) in the case of a thermal electricity generation installation, assess the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation,

(b) in the case of an installation which forms part of an existing or planned district heating and cooling network, assess the costs and benefits of utilising the waste heat from nearby industrial installations, or

(c) in the case of any other industrial installation generating waste heat at a useful temperature, assess the costs and benefits of utilising the waste heat to satisfy economically justifiable demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

Determination of applications S

12.   When considering an application for a permit, or for a variation of permit, in respect of an installation to which this Schedule applies, SEPA must take into account—

(a) the outcome of the cost-benefit analysis required by paragraph 4, 8 or 9, and

(b) from 31st December 2015, the outcome of any comprehensive national assessment [F17 carried out in compliance with] Article 14(1) of the Energy Efficiency Directive.

Textual Amendments

F17 Words in Sch. 1A para. 12(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(22)(b); 2020 c. 1, Sch. 5 para. 1(1)

13.   Where a cost-benefit analysis required in the case referred to in paragraph 11(a) or (c) shows that benefits exceed costs, SEPA must ensure that the permit includes conditions that will ensure the operation of the installation in a manner shown by that analysis to be cost beneficial.

14.   Where a cost-benefit analysis required in the case referred to in paragraph 11(b) shows that benefits exceed costs, SEPA must ensure that the permit includes conditions that will ensure the operation of the installation, in conjunction with the utilisation of the waste heat from nearby industrial installations, in a manner shown by that analysis to be cost beneficial.

15.   SEPA must ensure, in respect of a permit for a Part B installation at which the only activity listed under the heading “Part B” in Section 1.1 of Part 1 of Schedule 1 carried out is that described in paragraph (c) of Part B of that Section, that the permit includes only such conditions as SEPA considers necessary to comply with [F18 this schedule], and any requirement in these Regulations to include any other condition does not apply in respect of the permit to that extent.

Textual Amendments

F18 Words in Sch. 1A para. 15 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(22)(c); 2020 c. 1, Sch. 5 para. 1(1)

16.   Paragraphs 13 and 14 do not apply if SEPA decides that there are imperative reasons of law, ownership or finance for them not to apply in respect of any permit application or variation.

17.   SEPA must, in any case where it makes a decision in accordance with paragraph 16, submit a reasoned notification of it to the Scottish Ministers within two months after the date of the decision.

Interpretation S

18.— [F19 (1)] In this Schedule—

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy,

“cost-benefit analysis” means a cost-benefit analysis carried out in accordance with Part 2 of Annex IX of the Energy Efficiency Directive,

“economically justifiable demand” means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration,

“high-efficiency cogeneration” means cogeneration meeting the criteria laid down in Annex II of the Energy Efficiency Directive,

“substantial refurbishment” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit; but the fitting of equipment to carry out the activity described in Part A of Section 6.10 of Part 1 of Schedule 1 shall not be considered as a substantial refurbishment, and

“unit” means any boilers, furnaces, turbines or compression ignition engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.

[F20 (2) For the purposes of sub-paragraph (1), Annex II of the Energy Efficiency Directive is to be read as if —

(a) in the seventh subparagraph of point (b) (beginning “CHP Eη”), the last sentence were omitted,

(b) in point (c), for “Member States may” there were substituted “ It is permissible to ”,

(c) in point (d)—

(i) the words “Member States may use” were omitted,

(ii) after “one year” there were inserted the words “ may be used ”.

(3) For the purposes of paragraphs 11 and 18(1), Part 2 of Annex IX of the Energy Efficiency Directive is to be read as if—

(a) in the heading, for “Article 14(5) and (7)” there were substituted “ paragraphs 11, 13 and 14 ”,

(b) in the first paragraph, for “the measures in Article 14(5) and (7)” there were substituted “ paragraphs 11, 13 and 14 of schedule 1A of the Pollution Prevention and Control (Scotland) Regulations 2012 ”,

(c) in the eighth paragraph, the words “for the purposes of Article 14(5)” were omitted,

(d) in the tenth and eleventh paragraphs, for “Member States”, at each place it occurs, there were substituted “ the Scottish Ministers ”.]]

Textual Amendments

F19 Sch. 1A para. 18(1) renumbered (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(22)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Sch. 1A para. 18(2)(3) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(22)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Regulation 20B

[F21 SCHEDULE 1B S MEDIUM COMBUSTION PLANT DIRECTIVE

Textual Amendments

F21 Sch. 1B inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), reg. 1(1), sch.

PART 1 S Permit conditions

Existing medium combustion plants S

1.— (1) The emissions into air from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in—

(a) Table 2, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine.

(2) The emissions into air from an existing medium combustion plant with a rated thermal input less than or equal to 5 megawatts must not exceed the emission limit values set out in—

(a) Table 1, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine.

(3) An existing medium combustion plant is exempted from the requirements in sub-paragraphs (1) and (2) if either—

(a) the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 5 years), or

(b) the plant does not operate more than 1000 hours per year (calculated as a rolling average over a period of 5 years) and the plant is operated in case of emergency or extraordinary circumstances for—

(i) backup power production in connected islands in the event of an interruption of the main power supply to an island, or

(ii) heat production in cases of exceptionally cold weather events.

(4) A permit for a medium combustion plant which—

(a) is exempted by sub-paragraph (3) from the requirements in sub-paragraphs (1) and (2), and

(b) is firing solid fuels,

must contain an emission limit value for dust of 200 mg/Nm³.

(5) An existing medium combustion plant with a rated thermal input greater than 5 megawatts is exempted from the requirement in sub-paragraph (1) until 1st January 2030 where at least 50% of the useful heat production of the plant (calculated as a rolling average over a period of 5 years) is delivered in the form of steam or hot water to a public network for district heating.

(6) A permit for a medium combustion plant which is exempted by sub-paragraph (5) from the requirement in sub-paragraph (1) must contain—

(a) emission limit values which do not exceed—

(i) 1100 mg/Nm³ for SO₂, and

(ii) 150 mg/Nm³ for dust,

(b) conditions that are necessary to ensure that—

(i) no significant pollution is caused; and

(ii) a high level of protection for the environment as a whole is achieved.

(7) An existing medium combustion plant is exempted until 1st January 2030 from the requirements in sub-paragraphs (1) and (2) to comply with an emission limit value for dust in Table 1, 2 or 3 where—

(a) the plant fires solid biomass as its main fuel, and

(b) the plant is situated in a zone which conforms with the limit values set out in [F22 [F23 assimilated] law implementing] Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe.

(8) A permit for a medium combustion plant which is exempted by sub-paragraph (7) from the requirements in sub-paragraphs (1) and (2) must contain—

(a) emission limit values which do not exceed 150 mg/Nm³ for dust, and

(b) conditions that are necessary to ensure that—

(i) no significant pollution is caused; and

(ii) a high level of protection of the environment as a whole is achieved.

(10) An existing medium combustion plant is exempted until 1st January 2030 from the requirement in sub-paragraph (1) to comply with the emission limit values for NO_x in Table 3 where the plant is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system.

Textual Amendments

F22 Words in sch. 1B para. 1(7)(b) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Word in sch. 1B para. 1(7)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 23(10)

New medium combustion plants S

2.— (1) The emissions into air from a new medium combustion plant must not exceed the emission limit values set out in—

(a) Table 4, if the plant is not an engine or gas turbine,

(b) Table 5, if the plant is an engine or gas turbine.

(2) A new medium combustion plant is exempted from the requirements in sub-paragraph (1) where the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 3 years).

(3) A permit for a new medium combustion plant which—

(a) is exempted by sub-paragraph (2) from the requirements in sub-paragraph (1), and

(b) is firing solid fuels,

must contain an emission limit value for dust of 100 mg/Nm³.

Temporary exemptions S

3.— (1) A medium combustion plant may be exempted for a maximum period of 6 months from the requirements in paragraphs 1(1) and (2) and 2(1) to comply with an emission limit value for SO₂ where the plant—

(a) normally uses low-sulphur fuel, and

(b) the operator is unable to comply with an emission limit value due to an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

(2) A medium combustion plant may be exempted for a maximum period of 10 days from the requirements in paragraphs 1(1) and (2) and 2(1) where the plant—

(a) uses only gaseous fuel,

(b) has to resort exceptionally to the use of non-gaseous fuel due to a sudden interruption on the supply of gas, and

(c) requires to be fitted with secondary abatement equipment due to the interruption.

(3) The period referred to in sub-paragraph (2) may be extended where SEPA considers, following representations from the operator, that a longer period is justified.

4.   SEPA must inform the Scottish Ministers within 14 days if it grants an exemption from the requirements in paragraphs 1(1) and (2) and 2(1) on the grounds set out in paragraph 3(1) or (2).

Plants firing more than one fuel S

5.   Where a medium combustion plant simultaneously fires two or more fuels, the emission limit value for each pollutant is calculated by—

(a) taking the emission limit value in Table 1, 2, 3, 4 or 5 for each fuel,

(b) determining the fuel-weighted emission limit value, which is obtained by multiplying the individual emission limit value by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels, and

(c) aggregating the fuel-weighted emission limit values.

Monitoring S

6.— (1) The operator of a medium combustion plant must—

(a) where the plant is using more than one fuel type, monitor emissions—

(i) while the fuel or fuel mix likely to result in the highest level of emissions is being fired, and

(ii) during a period which is representative of normal operating conditions,

(b) keep a record of, and process, all monitoring results in such a way as to enable verification of compliance with the applicable emission limit values,

(c) keep a record of, or information proving, the effective continuous operation of secondary abatement equipment in use at the plant,

(d) keep the following:—

(i) the permit and, if relevant, variations and related information,

(ii) the monitoring results and information referred to in sub-paragraphs (b) and (c),

(iii) a record of the plant’s operating hours if applicable for the purposes of paragraph 1(3) or 2(2),

(iii) a record of the type and quantities of fuel used in the plant,

(iv) a record of any breakdown or malfunction of secondary abatement equipment,

(v) a record of a breach of an emission limit value, and the measures taken by the operator to restore compliance,

(e) keep the information referred to in head (d)(ii) to (v) for a period of at least 6 years.

(2) The operator of a medium combustion plant must either—

(a) measure emissions at least every three years; or

(b) measure emissions continuously.

(3) But where sub-paragraph (4) applies, the operator must measure emissions at the most frequent of—

(a) after the elapse of three times the maximum permitted average annual operating hours,

(b) every five years.

(4) This paragraph applies to a medium combustion plant which is—

(a) exempted from the requirements of paragraph 1(1) and (2) by paragraph 1(3), or

(b) exempted from the requirements of paragraph 2(1) by paragraph 2(2).

(5) The operator of a medium combustion plant is only required to measure emissions of—

(a) pollutants for which an emission limit value is included in the operator’s permit by virtue of this schedule, and

(b) carbon monoxide.

(6) The operator of a medium combustion plant must take the first measurement of emissions by the later of the date falling 4 months after—

(a) the grant of the permit,

(b) the date of the start of operation of the plant.

(7) As an alternative to the requirements of sub-paragraphs (2), (3) and (5)(a), the operator of a medium combustion plant may use other procedures which have been verified and approved by SEPA to determine SO₂ emissions from the plant.

(8) Where an operator is required to measure emissions continuously—

(a) the measuring systems must be subject to checking by means of parallel measurements with the reference methods at least annually, and

(b) the operator must provide the results of the check to SEPA.

(9) Measurements must be taken when—

(a) the plant is operating under stable conditions at a representative even load, and

(b) the plant is not starting-up or shutting down.

Compliance S

7.   Where an operator of a medium combustion plant fails to comply with an emission limit value—

(a) the operator must immediately take such measures as are needed to ensure compliance with the permit as soon as reasonably practicable,

(b) the operator must provide SEPA within the shortest possible time with details (in writing) of the non-compliance and the measures taken to restore compliance,

(c) the operator must suspend operation of the plant until compliance is restored if the non-compliance causes a significant degradation of local air quality.

Assessment of Compliance S

8.— (1) In the case of periodic measurements, an emission limit value is to be treated as being complied with if each of the series of measurements (or other procedures) do not exceed the emission limit value.

(2) In the case of continuous measurements, an emission limit value is to be treated as being complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met:—

(a) no validated monthly average value exceeds the emission limit value,

(b) no validated daily average value exceeds 110% of the emission limit value,

(c) in the case of plant composed only of boilers using coal, no validated daily average value exceeds 150 % of the emission limit value,

(d) 95% of all the validated hourly average values over the year do not exceed 20 % of the emission limit value.

(3) At the emission limit value level, the values of the 95% confidence intervals of a single measured result must not exceed the following percentages of the emission limit values:—

(a) 10% for emissions of carbon monoxide,

(b) 20% for emissions of sulphur dioxide,

(c) 20% for emissions of nitrogen oxides,

(d) 30% for dust.

(4) The validated hourly and daily average values are determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in sub-paragraph (3).

(5) A day is invalidated if more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system.

(6) For the purpose of calculating average emission limit values—

(a) periods of start-up and shut-down, and

(b) the periods referred to in paragraph 3,

are to be disregarded.

Start-up and shut-down S

9.   The operator of a medium combustion plant must keep periods of start-up and shut-down of the plant as short as possible.

Interpretation S

10.   In this schedule—

(a) “biomass” means—

(i) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content,

(ii) vegetable waste from agriculture and forestry,

(iii) vegetable waste from the food processing industry, if the heat generated is recovered,

(iv) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,

(v) cork waste,

(vi) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,

[F24 (b) “micro isolated system” means any system with consumption of less than 500 gigawatt hours in the year 1996, where there is no interconnection with other systems,]

[F25 (c) “small isolated system” means any system with consumption of less than 3000 gigawatt hours in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,]

(d) “Table 1”, “Table 2”, “Table 3”, “Table 4” and “Table 5” mean the tables with those numbers in Part 2 as read with the notes to the table,

(e) a reference to any other term defined in the Medium Combustion Plant Directive has the same meaning in as in that Directive.

Textual Amendments

F24 Sch. 1B para. 10(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Sch. 1B para. 10(c) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

PART 2 S Tables

11.   All emission limit values set out in this Part are defined— S

(a) at a temperature of 273.15 K,

(b) at a pressure of 101.3 kPa,

(c) after correction for the water vapour content of the waste gases,

(d) at a standardised O₂ content of—

(i) 6 % for medium combustion plants using solid fuels,

(ii) 3 % for medium combustion plants, other than engines and gas turbines, using liquid and gaseous fuels,

(iii) 15 % for engines and gas turbines.

Table 1

Emission Limit values for existing medium combustion plant with a rated thermal input less than or equal to 5 megawatts (other than engines or gas turbines)

Pollutant	Solid Biomass	Other solid fuels	Gas oil	Liquid fuels other than gas oil	Natural gas	Gaseous fuels other than gas oil
(1) This value does not apply in the case of plant firing exclusively woody solid biomass.
(2) 300 mg/Nm3 in the case of plants firing straw.
(3) 400 mg/Nm3 in the case of low calorific gases from coke ovens in the iron and steel industry.
SO2 (mg/Nm3)	200(1)(2)	1100	_	350	_	200(3)
NOx (mg/Nm3)	650	650	200	650	250	250
Dust (mg/Nm3)	50	50	_	50	_	_

Table 2

Emission Limit values for existing medium combustion plant with a rated thermal greater than or equal to 5 megawatts (other than engines or gas turbines)

Pollutant	Solid Biomass	Other solid fuels	Gas oil	Liquid fuels other than gas oil	Natural gas	Gaseous fuels other than gas oil
(1) This value does not apply in the case of plant firing exclusively woody solid biomass.
(2) 300 mg/Nm3 in the case of plants firing straw.
(3) 1100 mg/Nm3 in the case of plants with a rated thermal input greater than 5 megawatts and less than or equal to 20 megawatts.
(4) Until 1st January 2030, 850 mg/Nm3 in the case of plants with a rated thermal input greater than 5 megawatts and less than or equal to 20 megawatts firing heavy fuel oil.
(5) 400 mg/Nm3 in the case of low calorific gases from coke ovens, 200 mg/Nm3 in the case of low calorific gases from blast furnaces in the iron and steel industry.
(6) 170 mg/Nm3 in the case of biogas.
(7) 50 mg/Nm3 in the case of plants with a rated thermal input greater than 5 megawatts and less than or equal to 20 megawatts.
SO2 (mg/Nm3)	200(1)(2)	400(3)	_	350(4)	_	35(5)(6)
NOx (mg/Nm3)	650	650	200	650	200	250
Dust (mg/Nm3)	30(7)	30(7)	_	30	_	_

Table 3

Emission limit values for existing engines and gas turbines

Pollutant	Type of medium combustion plant	Gas oil	Liquid fuels other than gas oil	Natural gas	Gaseous fuels other than natural gas
(1) 60 mg/Nm3 in the case of biogas.
(2) 130 mg/Nm3 in the case of low calorific gases from coke ovens and 65 mg/Nm3 in the case of low calorific gases from blast furnaces in the iron and steel industry.
(3) 1850 mg/Nm3 for (i) diesel engines the construction of which commenced before 18th May 2006 and (ii) dual fuel engines in liquid mode.
(4) 250 mg/Nm3 in the case of engines with a rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts.
(5) 250 mg/Nm3 in the case of engines with a rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts; 225 mg/Nm3 in the case of engines with a rated thermal input greater than 5 megawatts and less than or equal to 20 megawatts.
(6) 380 mg/Nm3 for dual fuel engines in gas mode.
(7) Emission limit values are only applicable above 70% load.
(8) 20 mg/Nm3 in the case of plants with a rated thermal input greater than 1 megawatt and less than or equal to 20 megawatts.
SO2 (mg/Nm3)	Engines and gas turbines	_	120	_	15(1)(2)
NOx (mg/Nm3)	Engines	190(3)(4)	190(3)(5)	190(6)	190(6)
	Gas turbines(7)	200	200	150	200
Dust (mg/Nm3)	Engines and gas turbines	_	10(8)	_	_

Table 4

Emission limit values for new medium combustion plant, other than engines and gas turbines

Pollutant	Solid Biomass	Other solid fuels	Gas oil	Liquid fuels other than gas oil	Natural gas	Gaseous fuels other than gas oil
(1) The value does not apply in the case of plants firing exclusively woody solid biomass.
(2) Until 1st January 2025, 1700 mg/Nm3 in the case of plants which are part of a small isolated system or a micro isolated system.
(3) 400 mg/Nm3 in the case of low calorific gases from coke ovens, and 200 mg/Nm3 in the case of low calorific gases from blast furnaces in the iron and steel industry.
(4) 100 mg/Nm3 in the case of biogas.
(5) 500 mg/Nm3 in the case of plants with a total rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts.
(6) Until 1st January 2025, 450 mg/Nm3 when firing heavy fuel oil containing between 0.2 % and 0.3 % N and 360 mg/Nm3 when firing heavy fuel oil containing less than 0.2 % N in the case of plants which are part of a small isolated system or a micro isolated system.
(7) 50 mg/Nm3 in the case of plants with a total rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts; 30 mg/Nm3 in the case of plants with a total rated thermal input greater than 5 megawatts and less than or equal to 20 megawatts.
(8) 50 mg/Nm3 in the case of plants with a total rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts
SO2 (mg/Nm3)	200(1)	400	_	350(2)	_	35(3)(4)
NOx (mg/Nm3)	300(5)	300(5)	200	300(6)	100	200
Dust (mg/Nm3)	20(7)	20(7)	_	20(8)	_	_

Table 5

Emission limit values for new medium combustion plant which are engines or gas turbines

Pollutant	Type of medium combustion plant	Gas oil	Liquid fuels other than gas oil	Natural gas	Gaseous fuels other than natural gas
(1) Until 1st January 2025, 590 mg/Nm3 for diesel engines which are part of a small isolated system or a micro isolated system.
(2) 40 mg/Nm3 in the case of biogas.
(3) Engines running between 500 and 1500 hours per year may be exempted from compliance with those emission limit values if they are applying primary measures to limit NOx emissions and meet the emission limit values set out in footnote (4).
(4) Until 1st January 2025 in a small isolated system and a micro isolated system, 1850 mg/Nm3 for dual fuel engines in liquid mode and 380 mg/Nm3 in gas mode; 1300 mg/Nm3 for diesel engines with ≤ 1200 rpm with a total rated thermal input less than or equal to 20 megawatts and 1850 mg/Nm3 for diesel engines with a total rated thermal input greater than 20 megawatts; 750 mg/Nm3 for diesel engines with > 1200 rpm.
(5) 225 mg/Nm3 for dual fuel engines in liquid mode.
(6) 225 mg/Nm3 for diesel engines with a total rated thermal input less than or equal to 20 megawatts with ≤ 1 200 rpm.
(7) 190 mg/Nm3 for dual fuel engines in gas mode.
(8) These emission limit values are only applicable above 70 % load.
(9) Until 1st January 2025, 550 mg/Nm3 for plants which are part of a small isolated system or a micro isolated system.
(10) Until 1st January 2025, 75 mg/Nm3 for diesel engines which are part of a small isolated system or a micro isolated system.
(11) 20 mg/Nm3 in the case of plants with a total rated thermal input equal to or greater than 1 megawatt and less than or equal to 5 megawatts.]
SO2 (mg/Nm3)	Engines and gas turbines	_	120(1)	_	15(2)
NOx (mg/Nm3)	Engines(3)(4)	190(5)	190(5)(6)	95(7)	190
	Gas turbines(8)	75	75(9)	50	75
Dust (mg/Nm3)	Engines and gas turbines	_	10(10)(11)	_	_

Regulations 2, 12, 33 and 67

SCHEDULE 2 S SOLVENT EMISSIONS

PART 1 S Solvent emission activities

1.  An activity listed in column 1 of table 1 is a solvent emissions activity if it is operated above the solvent consumption threshold (“SCT”) as described in column 2 of the table. S

Table 1

Activity	SCT(tonnes/year)
1. Heatset web offset printing	15
2. Publication rotogravure	25
3. Other rotogravure, flexography, rotary screen printing, laminating or varnishing units	15
4. Rotary screen printing on textiles or cardboard	30
5. Surface cleaning using substances that are— (a) volatile organic compounds assigned, or that need to carry, one or more of the hazard statements M10 H340, H350, H350i, H360D or H360F (b) halogenated volatile organic compounds are assigned, or that need to carry, either of the hazard statements H341 or H351	1
6. Other surface cleaning	2
7. Vehicle coating and vehicle refinishing	0.5
8. Coil coating	25
9. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating	5
10. Winding wire coating	5
11. Coating activity applied to wooden surfaces	15
12. Dry cleaning	0
13. Wood impregnation	25
14. Coating activity applied to leather	10
15. Footwear manufacture	5
16. Wood and plastic lamination	5
17. Adhesive coating	5
18. Manufacture of coating mixtures, varnishes, inks and adhesives	100
19. Rubber conversion	15
20. Vegetable oil and animal fat extraction and vegetable oil refining activities	10
21. Manufacturing of pharmaceutical products	50

Marginal Citations

M10 See the Hazardous Substances Regulation, as defined in regulation 2(1), for the meaning of ‘hazard statements’ and ‘risk phrases’.

2.  Paragraph 1 is interpreted in accordance with paragraphs 3 to 6. S

3.  An activity listed in table 1 is deemed to be operated above the solvent consumption threshold if it is likely to be operated above that threshold in any period of 12 months. S

4.  An activity listed in table 1 includes the cleaning of equipment in respect of the activity but not, except for a surface cleaning activity, the cleaning of products. S

5.  Where an activity listed in table 1 is carried out in different parts of a stationary technical unit, or in different units on the same site, the capacities of each part or unit are added together and the total capacity attributed to each part or unit for the purpose of determining whether the activity is operated above the threshold. S

6.  In the period to 31st May 2015, the entry in column 1 of the fifth row of the Table in Part 1 is to be read as if— S

(a) “ or one or more of the risk phrases R45, R46, R49, R60 or R61 ” is inserted after “H360F”, and

(b) “ or either of the risk phrases R40 or R68 ” is inserted after “H351”.

PART 2 S SEPA functions

7.— [F26 (1)] SEPA must exercise its functions under these Regulations so as to ensure that the operation of a solvents installation complies with the following provisions of the Industrial Emissions Directive:— S

(a) Articles 5(1) and (3),

(b) Article 7,

(c) Article 8(2),

(d) Article 9,

[F27 (dd) Article 58,]

(e) Article 59 (except the last paragraph of point (1) and point (4)),

(f) Article 60,

(g) Article 61,

(h) Article 62,

(i) Article 63,

(j) Article 65, and

(k) Article 82(7) to (9).

[F28 (2) When interpreting the Industrial Emissions Directive for the purposes of this paragraph, Article 5 of the Industrial Emissions Directive is to be read as if a reference to a numbered Article of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment were a reference to the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as last amended by Directive 2014/52/EU of the European Parliament and of the Council.]

[F29 (3) For the purposes of this schedule, the Industrial Emissions Directive is to be read as if—

(a) in Article 5(1) “or Union ” were omitted,

(b) in Article 5(3) for—

(i) the words “where Article 4 of Directive 85/337/EEC applies” there were substituted “in relation to which an environmental impact assessment is required”,

(ii) the words “Articles 5, 6, 7 and 9 of that Directive” there were substituted “an environmental impact assessment”,

(c) in Article 7—

(i) the words from “Without prejudice” to “environmental damage” were omitted,

(ii) for “Member States” there were substituted “ SEPA ”,

(d) in Article 8, for “Member States”, at each place it occurs, there were substituted “ SEPA ”,

(e) in Article 9(2), for “Member States” there were substituted “ SEPA ”,

(f) in Article 59—

(i) in paragraph 1 for “Member States”, at each place it occurs, there were substituted “ SEPA ”,

(ii) in paragraph 1 the last subparagraph were omitted,

(iii) paragraph 4 were omitted,

(g) in Article 60, for “Member States” there were substituted “ SEPA ”,

(h) in Article 65(3), for the words “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ exceptions set out in regulation 10 of the Environmental Information (Scotland) Regulations 2004”]

Textual Amendments

F26 Sch. 2 para. 7(1) renumbered (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 3(4)(a)

F27 Sch. 2 para. 7(1)(dd) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F28 Sch. 2 para. 7(2) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 3(4)(b)

F29 Sch. 2 para. 7(3) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(a)(ii) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

8.  SEPA may permit emissions to exceed a fugitive emission limit required under [F30 paragraph 7(1)(e)], provided that— S

(a) it is not technically and economically feasible to comply with that sub-paragraph,

(b) SEPA ensures that the operator of the installation uses the best available techniques in respect of those emissions, and

(c) SEPA is satisfied that there are no significant risks to human health and the environment.

Textual Amendments

F30 Words in Sch. 2 para. 8 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(b); 2020 c. 1, Sch. 5 para. 1(1)

9.  SEPA may permit emissions from the coating activities described in row 9 of the Table in Part 1 that cannot be carried out under contained conditions to exceed an emissions limit required under [F31 paragraph 7(1)(e)], provided that— S

(a) it is not technically and economically feasible to comply with that paragraph, and

(b) SEPA ensures that the operator of the installation uses the best available techniques in respect of those emissions.

Textual Amendments

F31 Words in Sch. 2 para. 9 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(c); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 S Duties on operators

Data reporting S

10.—(1) The operator of a solvents installation must on request provide SEPA with such information as it may reasonably request to verify compliance under [F32 sub-paragraphs 3 to 6] with—

(a) emission limit values in waste gases, fugitive emission limit values and total emission limit values, or

(b) the requirements of any reduction scheme.

(2) Information may be provided in a [F33 plan equivalent to a] solvent management plan prepared under Part 7 of Annex VII to the Industrial Emissions Directive.

[F34 (3) In the case of continuous measurements the emission limit values must be considered to be complied with if—

(a) none of the arithmetic averages of all valid readings taken during any 24 hour period of operation of an installation or activity except start-up and shut-down operations and maintenance of equipment exceeds the emission limit values,

(b) none of the hourly averages exceeds the emission limit values by more than a factor of 1.5.

(4) In the case of periodic measurements the emission limit values must be considered to be complied with if, in one monitoring exercise—

(a) the average of all the measurement values does not exceed the emission limit values,

(b) none of the hourly averages exceeds the emission limit values by more than a factor of 1.5.

(5) Compliance with requirements derived from Part 4 of Annex VII to the Industrial Emissions Directive must be verified on the basis of the sum of the mass concentrations of the individual volatile organic compounds concerned. For all other cases, compliance must be verified on the basis of the total mass of organic carbon emitted unless otherwise based on a limit derived from Part 2 of Annex VII to the Industrial Emissions Directive.

(6) Gas volumes may be added to the waste gas for cooling or dilution purposes where technically justified but must not be considered when determining the mass concentration of the pollutant in the waste gas.]

Textual Amendments

F32 Words in Sch. 2 para. 10(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Sch. 2 para. 10(2) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F34 Sch. 2 para. 10(3)-(6) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Monitoring of emissions S

11.— [F35 (1)] The operator of a solvents installation must monitor emissions from the installation in accordance with [F36 sub-paragraphs (2) to (4)]

[F37 (2) Channels to which abatement equipment is connected, and which at the final point of discharge emit more than an average of 10 kilogrammes per hour of total organic carbon, must be monitored continuously for compliance.

(3) In other cases, SEPA must ensure that either continuous or periodic measurements are carried out. For periodic measurements at least three measurement values must be obtained during each measurement exercise.

(4) Measurements are not required where end-of-pipe abatement equipment is not needed to comply with these Regulations.]

Textual Amendments

F35 Sch. 2 para. 11(1) renumbered (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Sch. 2 para. 11(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37 Sch. 2 para. 11(2)-(4) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

PART 4 S Interpretation

12.  In this Schedule— S

“adhesive” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product,

“adhesive coating” means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities,

“affected part” means that part of an solvents installation which undergoes a substantial change in operation or in which abatement equipment is installed,

“coating” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface,

“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques,

“coil coating” means any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process,

“consumption” means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for reuse, and for that purpose “input” means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity (including the solvents recycled inside and outside the installation) and which are counted every time they are used to carry out the activity,

“contained conditions” means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are, therefore, not entirely fugitive,

F38 ...

“dry cleaning” means any industrial or commercial activity using volatile organic compounds in an installation to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry,

“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and using liquid inks which dry through evaporation,

“footwear manufacture” means any activity of producing complete footwear or parts of footwear,

“halogen” means bromine, chlorine, fluorine or iodine,

“halogenated organic solvent” means an organic solvent which contains at least one halogen atom per molecule,

“halogenated volatile organic compound” means a volatile organic compound containing a halogen,

“hazard statement substance” means—

(a)

in relation to a solvent emissions activity (other than dry cleaning) a substance which, is classified as a carcinogen, mutagen or toxic to reproduction under Regulation (EC) No. 1272/2008, and in the case where the contents include a—

(i)

volatile organic compound, is assigned or needs to carry the hazard statements H340, H350, H350i, H360D and H360F or,

(ii)

halogenated volatile organic compounds, is assigned or needs to carry the hazard statements H341 and H351,

(b)

in relation to dry cleaning, such a substance which because of the contents include a volatile organic compound is assigned or needs to carry the hazard statements H340, H350, H350i, H360D and H360F,

“heatset web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—

(a)

the non-printing area is treated to attract water and reject ink,

(b)

the printing area is treated to receive and transmit ink to the surface to be printed, and

(c)

evaporation takes place in the oven where hot air is used to heat the printed material,

“ink” means a substance, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface,

“laminating associated to a printing activity” means the adhering together of 2 or more flexible materials to produce laminates,

“manufacturing of coating mixtures, varnishes, inks and adhesives” means the manufacture of coating mixtures, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates, by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—

(a)

dispersion and pre-dispersion activities,

(b)

viscosity and tint adjustments, and

(c)

operations for filling the final product into its container,

“manufacturing of pharmaceutical products” means an activity that involves—

(a)

the chemical synthesis,

(b)

fermentation,

(c)

extraction, or

(d)

formulation and finishing,

of pharmaceutical products, and where carried out at the same site, the manufacture of intermediate products,

“mixture” means mixture as defined in Article 3(2) of Regulation (EC) No 1907/2006 of European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency M11 ,

“organic solvent” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, as a—

(a)

cleaning agent to dissolve contaminants,

(b)

dissolver,

(c)

dispersion medium,

(d)

viscosity adjuster,

(e)

surface tension adjuster,

(f)

plasticiser, or

(g)

preservative,

“other coating activities” means a coating activity applied to—

(a)

metallic and plastic surfaces, including surfaces of airplanes, ships or trains,

(b)

textiles or fabric,

(c)

film and paper surfaces,

“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques,

“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks,

“reuse” means the use of organic solvents recovered from an installation for any technical or commercial purpose, and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste,

“risk phrase substance” means—

(a)

in relation to a solvent emissions activity other than dry cleaning a substance which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC M12 is assigned or needs to carry the risk phrases R45, R46, R49, R60 and R61 or, in the case of halogenated volatile organic compounds, is assigned or needs to carry the risk phrases R40 and R68,

(b)

in relation to dry-cleaning a substance which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC is assigned or needs to carry the risk phrases R45, R46, R49, R60 and R61,

“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off,

“rotogravure” means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from those recesses,

“rubber conversion” means—

(a)

any activity of mixing, milling, blending, calendaring, extrusion and vulcanisation of natural or synthetic rubber, and

(b)

any ancillary operations for converting natural or synthetic rubber into a finished product,

“surface cleaning” means any activity, other than dry cleaning or the cleaning of equipment, using organic solvents to remove contamination from the surface of material including degreasing, and a cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity,

[F39 “the Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles;]

“varnish” means a transparent coating,

“varnishing” means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material,

“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter,

“vehicle coating” means a coating activity applied to the following vehicles—

(a)

new cars, defined as vehicles of category M¹ in [F40 the Type Approval Regulation] and of category N¹ in so far as they are coated at the same installation as M¹ vehicles,

(b)

truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N² and N³ in [F40 the Type Approval Regulation],

(c)

vans and trucks, defined as vehicles of categories M² and M³ in [F40 the Type Approval Regulation] but not including truck cabins,

(d)

buses, defined as vehicles of categories M² and M³ in [F40 the Type Approval Regulation],

(e)

trailers, defined in categories O¹, O², O³ and O4 in [F40 the Type Approval Regulation],

but not where the activity is carried out as part of the repair, conservation or decoration of those vehicles referred to in (a) to (e) above outside of manufacturing installations,

“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—

(a)

the original coating of road vehicles as defined in [F41 the Type Approval Regulation], or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line, or

(b)

the coating of trailers (including semi-trailers) (category O),

“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets,

“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors etc.,

“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products, and

“wood impregnation” means any activity giving a loading of preservative in timber.

Textual Amendments

F38 Words in Sch. 2 para. 12 omitted (1.9.2020) by virtue of The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 26(2)(a) (with Sch. 4 paras. 16, 17)

F39 Words in Sch. 2 para. 12 inserted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 26(2)(b) (with Sch. 4 paras. 16, 17)

F40 Words in Sch. 2 para. 12 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 26(2)(c) (with Sch. 4 paras. 16, 17)

F41 Words in Sch. 2 para. 12 substituted (1.9.2020) by The Road Vehicles (Approval) Regulations 2020 (S.I. 2020/818), reg. 1(b), Sch. 6 para. 26(2)(d) (with Sch. 4 paras. 16, 17)

Marginal Citations

M11 OJ L 396, 30.12.2006, p.1, as last amended by Commission Regulation (EU) No 412/2012 (OJ L 128, 16.5.2012, p.1).

M12 OJ L 196, 16.8.1967, p.1, as last amended by Commission Directive 98/98/EC (OJ L 355, 30.12.1998, p.1).

Regulations 4 and 25

SCHEDULE 3 S BEST AVAILABLE TECHNIQUES

1.  The specified matters for Part A installations are— S

(a) the use of low-waste technology,

(b) the use of less hazardous substances,

(c) the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,

(d) comparable processes, facilities or methods of operation which have been tried with success on an industrial scale,

(e) technological advances and changes in scientific knowledge and understanding,

(f) the nature, effects and volume of the emissions concerned,

(g) the commissioning dates for new or existing installations or mobile plant,

(h) the length of time needed to introduce the best available technique,

(i) the consumption and nature of raw materials (including water) used in the process and the energy efficiency of the process,

(j) the need to prevent or reduce to a minimum the overall impact of the emissions on, and risks to, the environment,

(k) the need to prevent accidents and to minimise the consequences for the environment, and

(l) information published by public international organisations.

2.  The specified matters for Part B installations and mobile plant are as set out in sub-paragraphs (d) to (h) of paragraph 1. S

Regulations 2, 13 and 58

SCHEDULE 4 S GRANT OF PERMITS

PART 1 S APPLICATIONS FOR PERMITS

1.—(1) An application to SEPA for a permit under regulation 13 must be in writing and must provide— S

(a) the name, address telephone number and email address of the applicant (and any correspondence address if different) including in the case of a body corporate—

(i) any registration number,

(ii) the address of its registered or principal office, and

(iii) if it is a subsidiary within the meaning of section 1159 of the Companies Act 2006, the name of the ultimate holding company and information specified in sub-paragraphs (i) and (ii) in respect of that company,

(b) in the case of a permit to operate an installation—

(i) the address of the site of the installation,

(ii) the national grid reference of the location of the installation on that site,

(iii) the name of any local authority in whose area the site is situated, and

(c) in the case of an installation other than a standard installation, a map or plan showing the site of the installation and the location of the installation on that site,

(d) in the case of a permit to operate mobile plant—

(i) the name of the local authority in whose area the applicant has his principal place of business, and the address of that place of business, or

(ii) where the operator of the mobile plant has his principal place of business outside of Scotland—

(aa) the name of the local authority in whose area the plant was first operated, or

(bb) where the plant has not been operated in Scotland, the local authority in whose area it is intended by the operator that the plant will first be operated,

(e) in the case of a permit to operate a Part A installation (as defined for the purposes of regulation 48)—

(i) a site report,

(ii) where the permit will authorise an activity that involves the use, production or release of a relevant hazardous substance, a baseline report,

(iii) where the applicant proposes that the permit will authorise an emission limit value set under regulation 25(7), the reasons for setting that value,

(f) a description of—

(i) the installation or mobile plant,

(ii) the activities listed in Part 1 of Schedule 1 to be carried out in the installation or by means of the mobile plant,

(iii) the activities listed in Part 1 of Schedule 2 to be carried out in the installation,

(iv) in the case of an installation, any other directly associated activities to be carried out on the same site as the installation,

(g) the raw and auxiliary materials and other substances and the energy to be used in or generated by the carrying out of the activities referred to in sub-paragraph (f),

(h) information on the nature, quantities and sources of foreseeable emissions from the installation or mobile plant into each environmental medium, and a description of any foreseeable significant effects of the emissions on the environment and on human health,

(i) a description of the proposed technology and other techniques for preventing or, where that is not practicable, reducing and rendering harmless emissions from the installation or mobile plant,

(j) if applicable, how the best available techniques are applied to the operation of the installation or mobile plant,

(k) the proposed measures to be taken to monitor the emissions,

(l) a description of the measures to be taken for the prevention, preparation for re-use, recycling and recovery of waste produced by the operation of the installation,

(m) a description of any proposed additional measures to be taken to comply with the general principles set out in regulation 21(2) and (3),

(n) in the case of a permit for a Part A installation or a solvents installation, any relevant information obtained or conclusion arrived at in relation to the installation for the purposes of [F42 an environmental impact assessment],

(o) in the case of a permit for a Part A installation any relevant information obtained or conclusion arrived at in relation to a safety report within the meaning of [F43 Part 3 of the Control of Major Accident Hazards Regulations 2015],

(p) in the case of an application to operate a standard installation or standard mobile plant, a statement as to whether the applicant wishes any permit granted to be a standard rules permit,

(q) in the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation or by means of mobile plant, any information which the applicant wishes SEPA to take into account when considering whether the applicant is a fit and proper person to carry out that activity,

(r) in the case of an application for a permit for an installation which is the subject of a Climate Change Agreement within the meaning of paragraph 46 of Schedule 6 to the Finance Act 2000 M13 —

(i) written confirmation that the installation is covered by the Agreement, and

(ii) the terms of that agreement in so far as they relate to the installation,

(s) any additional information which the applicant wishes SEPA to take into account in considering the application,

(t) in the case of an application for a permit to operate a Part A installation, an outline of the main alternatives studied by the applicant,

(u) a non-technical summary of the information referred to in this paragraph.

(2) A site report must describe the condition of the site of the installation, and in particular it must—

(a) describe any soil and groundwater contamination at the site,

(b) identify any pollutants in or on the land other than as described in paragraph (a),

(c) provide information on the present use of the site, and

(d) provide any available information on past uses of the site,

(3) A baseline report must provide soil and groundwater measurements for the site—

(a) based on previously existing information if using that information provides an accurate description of the state of the site at the time of the report, or

(b) based on new information,

having regard for that purpose to the possibility of soil and groundwater contamination by any hazardous substance to be used, produced or released by the installation concerned.

(4) SEPA may on request by the applicant waive the requirement in sub-paragraph (1)(e)(ii) to provide a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

Textual Amendments

F42 Words in Sch. 4 para. 1(1)(n) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Sch. 4 para. 1(1)(o) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(2) (with reg. 3(2))

Marginal Citations

M13 2000 c.17 (as amended).

2.  An application for a permit for an installation where an activity described in Part A of Section 5.2 in Part 1 of Schedule 1 is carried out must also provide— S

(a) the description of the types and total quantity of waste to be deposited,

(b) the proposed capacity of the disposal site,

(c) a description of the site, including its hydrogeological and geological characteristics,

(d) the proposed operation, monitoring and control plan,

(e) the proposed plan for the closure and after-care procedures; and

(f) for those sites to which regulation 6 of the Landfill Regulations does not apply the financial provision required under regulation 18(4)(b).

3.  An application for a permit to operate a waste incineration installation must also provide a description of the measures which are envisaged to guarantee that— S

(a) the installation is designed and equipped, and will be operated, in such a manner that the requirements of the Industrial Emissions Directive[F44 , as read with regulation 29(3),] are met, taking into account for that purpose the categories of waste to be incinerated,

(b) heat generated during the incineration and co-incineration process is recovered with a high level of energy efficiency, for example, through combined heat and power, the generating of process steam or district heating,

(c) the residues after burning will be—

(i) minimised in their amount and harmfulness, and

(ii) recycled where appropriate,

(d) the disposal of such residues will be carried out in conformity with [F45 national legislation and [F46 assimilated] law],

(e) the proposed measurement techniques for emissions into the air and water comply with Parts 6 and 7 of Annex VI of the Industrial Emissions Directive,

(f) the plant will be equipped and operated in such a manner that no separately collected waste capable of being recycled is incinerated or co-incinerated (as the case may be), and

(g) the plant is equipped and operated in such a manner as is practicable to ensure that no waste that includes non-ferrous metals or hard plastics is incinerated or co-incinerated (as the case may be).

Textual Amendments

F44 Words in Sch. 4 para. 3(a) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(b); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Sch. 4 para. 3(d) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(c); 2020 c. 1, Sch. 5 para. 1(1)

F46 Word in sch. 4 para. 3(d) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 23(11)

4.  An application for a permit to operate a solvents installation must also include a description of the measures which are expected to ensure that the installation is designed and equipped, and will be operated, in such a manner that the requirements [F47 of parts 2 and 3 of schedule 2] are met including— S

(a) details of any reduction scheme the operator intends to use,

(b) in the period ending on 31st May 2015—

(i) a timetable for replacing as far as possible and within the shortest possible time any volatile organic compounds that are assigned or need to carry the hazard statements H340, H350, H350i, H360D and H360F, or the risk phrases R45, R46, R49, R60 and R61 M14 , to be used in the installation with less harmful compounds, or

(ii) for the volatile organic compounds referred in sub-paragraph (i), and the halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 and H351 or the risk phrases R40 and R68, to be used in the installation how the emission limit values in Part 4 of Annex VII of the Industrial Emissions Directive will be complied with,

(c) in the period beginning on 1st June 2015—

(i) a timetable for replacing as far as possible and within the shortest possible time any volatile organic compounds that are assigned or need to carry the hazard statements H340, H350, H350i, H360D and H360F to be used in the installation with less harmful compounds,

(ii) for the volatile organic compounds referred in sub-paragraph (i), and the halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 and H351 to be used in the installation, how the emission limit values in Part 4 of Annex VII of the Industrial Emissions Directive will be complied with.

Textual Amendments

F47 Words in Sch. 4 para. 4 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(d); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M14 See the Hazardous Substances Regulation as defined in regulation 2(1) in respect of hazard statements and risk phrases.

5.  In paragraph 1(1)— S

(a) sub-paragraphs (g), (l), (r), and (u) do not apply to an application for a permit to operate a Part B installation or mobile plant, and for such an application the reference to emissions into each environmental medium in paragraph 1(1)(h) is to be read as a reference to emissions into the air, and

(b) sub-paragraphs (l), (m), (r) and (u) do not apply to an application for a permit to operate a solvents installation.

6.  Paragraph 1(1) applies to an application for a permit to operate an installation in which dry cleaning (as defined in Part 5 of Schedule 2) is carried out as if for subparagraphs (f) to (i) there is substituted— S

“(f) the date of installation of the dry cleaning machine, and the manufacturer, description, name and model number, serial number (if any) and rated capacity of the machine,

(g) details of any spot cleaning to be undertaken, and details of checking and maintenance procedures to be followed and of the supervision, training and qualifications of operating staff,

(h) details of the solvents to be used, including a description of any risk phrase or hazard statement substance or mixture,

(i) details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored,”.

7.—(1) SEPA may by notice require the applicant to provide such further information for the purpose of determining an application as is specified in the notice within the period so specified. S

(2) SEPA may by further notice to the applicant treat the application as having been withdrawn at the end of that period if the applicant fails to furnish the information within that period.

8.  Subject to paragraph 31, the applicant must advertise the application within the 28 day period beginning with the 14th day after the day the application is made— S

(a) in one or more newspapers circulating in the locality where the installation will be operated, and

(b) in the case of a permit to operate a Part A installation (other than for an activity described in paragraph (b) of Part A of Section 5.2 of Part 1 of Schedule 1), in the Edinburgh Gazette.

9.  An advertisement required by paragraph 8 must— S

(a) state the name of the applicant,

(b) state the address of the site of the installation,

(c) briefly describe the activities to be carried out in the installation,

(d) state that the application describes any foreseeable significant effects of emissions on the environment,

(e) state where (and in the case of a permit for a Part A installation how and at what times) the register may be inspected, and that the register may be inspected free of charge,

(f) explain that any person may make written representations to SEPA within the period of 28 days beginning with the date of the advertisement, and give the SEPA address (including e-mail address) for that purpose,

(g) explain that any such representation will be entered in the register unless the person making the representation requests in writing that it should not be entered, and that on such a request the register will state only that a representation has been made that is the subject of a request, and

(h) in the case of a permit for a new Part A installation—

(i) explain that the particulars in the register include a description of the matters listed in paragraph 1(1), and

(ii) if applicable, state that the determination of the application is subject to a national or transboundary environmental impact assessment or to [F48 consultation with a Member State].

Textual Amendments

F48 Words in Sch. 4 para. 9(h)(ii) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(e); 2020 c. 1, Sch. 5 para. 1(1)

10.  An advertisement in respect of application for a permit to operate more than one installation or mobile plant the application must contain the information required by paragraphs 1 and 9 respectively in relation to each such installation or plant. S

11.  Paragraph 8 does not apply to an application for a permit to operate an installation involving only— S

(a) the authorisation of a Part B standard installation which is not a hybrid installation,

(b) the carrying out of an activity described in paragraphs (b)(ii), (c), (d) or (e) of Part B of Section 1.2 of Part 1 of Schedule 1, or

(c) dry cleaning.

[F49 11A.   An application for a permit to operate a Part B installation where no activity listed in schedule 1 or 2 other than the activities described in paragraph (d) of Part B of Section 1.1 of schedule 1 will be carried out need include only— S

(a) the information described in paragraph 1(1)(a), (b), and (f),

(b) the rated thermal input (in megawatts) of the medium combustion plant,

(c) the type of medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine or other medium combustion plant),

(d) the type and share of fuels used (according to the categories in Part 2 of schedule 1B),

(e) the date of the start of the operation of the medium combustion plant or, where the exact date of the start of the operation is unknown, proof of the fact that the operation started before 20th December 2018,

(f) the sector of activity of the medium combustion plant or the facility in which it is applied (NACE code),

(g) the expected number of annual operating hours of the medium combustion plant and average load in use,

(h) if required for the purposes of an exemption from compliance with emission limit values, a declaration signed by the operator that the medium combustion plant will not be operated for more than 500 hours or 1000 hours (as appropriate).

Textual Amendments

F49 Sch. 4 paras. 11A-11C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(a)

11B.   An application in respect of a Part B installation at which the activities listed in both paragraphs (c) and (d) of Part B of Section 1.1 of schedule 1 will be carried out, but at which no other activity listed in schedule 1 or 2 will be carried out, need include only the information specified in paragraph 11A and the cost benefit analysis required by paragraph 5(b) of schedule 1A. S

Textual Amendments

F49 Sch. 4 paras. 11A-11C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(a)

11C.   The requirements of paragraphs 8 and 13 and paragraph 4(4)(c) and (8) of schedule 7 do not apply to an application in respect of a Part B installation where no activity listed in schedule 1 other than an activity in paragraph (d) of Part B of Section 1.1 is to be carried out.] S

Textual Amendments

F49 Sch. 4 paras. 11A-11C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(a)

12.  This Part is subject to Part 3. S

PART 2 S DETERMINATION OF APPLICATIONS

13.  Subject to paragraph 35, SEPA must within 14 days of receiving an application for a permit give notice of the application (enclosing a copy) to— S

(a) in the case of a permit for an installation, the local authority and Health Boards in whose areas the installation will be operated,

(b) in the case of a permit for an installation where operation may involve an emission which may affect a site of special scientific interest or a European site (within the meaning of regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 M15 )—

(i) Scottish Natural Heritage where the emission may affect a site in Scotland,

(ii) the appropriate nature conservation body (within the meaning of regulation 4 of those Regulations) where the emission may affect such a site in another part of Great Britain,

(c) in the case of a permit for a Part A installation—

(i) the [F50 Food Standards Scotland], and

(ii) where operation may involve the release of any substance into a sewer vested in Scottish Water M16 , that body,

(iii) where operation may involve the release of any substance into a harbour managed by a harbour authority (within the meaning of section 57(1) of the Harbours Act 1964 M17 ), that harbour authority,

[F51 (d) in the case of a permit for an installation on a site—

(i) in respect of which a nuclear site licence is required under section 1 of the Nuclear Installations Act 1965; or

(ii) which is a relevant nuclear site and in respect of which—

(aa) a major accident prevention policy document is required under [F52 regulation 7 of the Control of Major Accident Hazards Regulations 2015 (“the 2015 Regulations”)]; or

(bb) a safety report is required under [F53 Part 3 of the 2015 Regulations],

the Office for Nuclear Regulation;

(da) in the case of a permit for an installation on a site in respect of which—

(i) a major accident prevention policy document is required under [F54 regulation 7 of the 2015 Regulations]; or

(ii) a safety report is required under [F55 Part 3 of the 2015 Regulations],

the Health and Safety Executive unless the application is required to be given to the Office for Nuclear Regulation under sub-paragraph (d).]

(e) such other persons as the Scottish Ministers may direct.

Textual Amendments

F50 Words in Sch. 4 para. 13(c)(i) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 34

F51 Sch. 4 para. 13(d)(da) substituted for Sch. 4 para. 13(d) (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 206(2) (with Sch. 4)

F52 Words in Sch. 4 para. 13(d)(ii)(aa) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(3)(a) (with reg. 3(2))

F53 Words in Sch. 4 para. 13(d)(ii)(bb) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(3)(b) (with reg. 3(2))

F54 Words in Sch. 4 para. 13(da)(i) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(3)(c) (with reg. 3(2))

F55 Words in Sch. 4 para. 13(da)(ii) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(3)(d) (with reg. 3(2))

Marginal Citations

M15 S.I. 1994/2716. Relevant amendments are made by paragraph 15 of schedule 2 to the Land Reform (Scotland) Act 2003 (asp 2), by S.I. 1997/3055, 2007/1843 and 2010/490, and by S.S.I. 2004/475, 2007/80, 2011/155 and 2012/228.

M16 Scottish Water is a body corporate established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 (asp 3).

M17 1964 c.40, to which there are no relevant amendments.

[F56 13A.   For the purposes of paragraph 13 a site is a relevant nuclear site if it is— S

(a) an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998); or

(b) a new nuclear build site (within the meaning given in regulation 2A of those Regulations).]

Textual Amendments

F56 Sch. 4 para. 13A inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 206(3) (with Sch. 4)

14.  Paragraph 13 does not apply to a permit to operate an installation involving only dry cleaning. S

15.  Paragraph 13(a) does not apply to an application for a permit to operate a Part B standard installation which is not a hybrid installation. S

16.—(1) SEPA must before granting a permit subject to an off-site condition give notice under sub-paragraph (2) to every person appearing to SEPA to be a person specified in sub-paragraph (3). S

(2) The notice must—

(a) describe the proposed off-site condition,

(b) describe the nature of the works or things which the holder of the permit might require to carry out or do to comply with the condition, and

(c) state the representation period in relation to the condition, and the manner in which representations are to be made.

(3) A person is specified if—

(a) that person is the owner, tenant or occupier of the land, and

(b) rights will have to be granted by that person under regulation 24(2) to the holder of the permit if the proposed off-site condition is included in the permit,

(4) In this paragraph “owner” means the person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive the rents of the land, or who would if the land were let be entitled to receive the rents, and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom management of the land is entrusted.

17.—(1) The period allowed for making representations to SEPA (the “representation period”) is— S

(a) in the case of a notice under paragraphs 13 or 16, the period of 28 days beginning with the date on which notice is given,

(b) in the case of any other notice, the period of 28 days beginning with the date on which the application is advertised under paragraph 8, and

(c) in the case of a draft determination, the period of 28 days beginning with the date on which the draft is advertised under paragraph 23.

(2) SEPA must consider any representation made within the representation period.

18.  In the case of an application for a permit for— S

(a) a Part A installation, SEPA must consider in determining the application any relevant information obtained or conclusion arrived for the purposes of—

[F57 (i) an environmental impact assessment,]

(ii) a safety report within the meaning of [F58 Part 3 of the Control of Major Accident Hazards Regulations 2015], or

(b) a solvents installation, any such information or conclusion for the purposes of [F59 an environmental impact assessment].

Textual Amendments

F57 Sch. 4 para. 18(a)(i) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(f)(i); 2020 c. 1, Sch. 5 para. 1(1)

F58 Words in Sch. 4 para. 18(a)(ii) substituted (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), reg. 1(1), Sch. 6 para. 7(4) (with reg. 3(2))

F59 Words in Sch. 4 para. 18(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)

19.—(1) The Scottish Ministers may direct SEPA that any application, or any class of applications for a permit, is referred to them for determination (a “called-in case”). S

(2) SEPA must on receiving such a direction—

(a) inform the applicant that the application is a called-in case, and

(b) provide the Scottish Ministers with any representation made within the representation period.

(3) The Scottish Ministers must on a request by the applicant or SEPA in a called-in case provide an opportunity of appearing before and being heard by a person appointed by the Ministers, and may do so where no request is made.

(4) A request for such a hearing must be in writing and be made within the period of 21 days beginning with the day on which the applicant is informed that the application is a called-in case.

(5) Paragraphs 4(2) to (10) of Schedule 8 apply to such a hearing as they apply to a hearing held under paragraph 4(1) of that Schedule—

(a) with the substitution in paragraph 4(3) for the reference to the appellant of a reference to the applicant,

(b) with the substitution in paragraph 4(4)—

(i) for the reference to the appeal of a reference to the application, and

(ii) for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 of a reference to every person who was required to be given notice under paragraph 13 of this Schedule, and

(iii) for the references to every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations to the Scottish Ministers of a reference to any person who made representations to SEPA with respect to the application,

(c) with the substitution in paragraph 4(7)—

(i) for the reference in paragraph 4(7)(a) to the appellant of a reference to the applicant,

(ii) for the reference in paragraph 4(7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 13 of this Schedule to be notified of the application.

(6) In relation to SEPA and the applicant, regulation 56(5) and (6) applies to any determination by the Scottish Ministers of any application referred to them under sub-paragraph (1) as it applies to decisions made by the Scottish Ministers on appeal under regulation 58(1) or (2).

(7) The Scottish Ministers must on determining a called-in case, and the sheriff may on determining an appeal, give SEPA—

(a) such a direction as they consider fit as to whether to grant the application, and

(b) if SEPA are directed to grant the application, as to the conditions that are to be attached to the permit.

20.—(1) SEPA must, subject to paragraph 27, give notice to the applicant of— S

(a) the determination of an application for a permit (other than a called-in case); or

(b) in the case a permit for a new Part A installation, the draft determination,

within the period of 4 months beginning with the day on which it received a duly made application, or within such longer period as may be agreed with the applicant.

(2) SEPA must take no account for the purposes of calculating that period—

(a) of any period beginning with the date on which notice is served under paragraph 7 and ending on the date on which the applicant furnishes the specified information,

(b) of any period allowed for making representations in relation to a notice under paragraph 16 in so far as that period does not overlap with any representation period,

(c) if a matter falls to be determined under regulations 65 or 66, of any period beginning with the date on which the 28 [F60 day period] referred to in paragraph 8 ends, and ending on the date on which the application is advertised under paragraph 35(a),

(d) if separate applications are made to operate different parts of one installation, of any period beginning with the date on which notice is served on one of the applicants under paragraph 7 and ending on the date on which the applicant furnishes the specified information.

Textual Amendments

F60 Words in Sch. 4 para. 20(2)(c) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 12

21.  SEPA must where separate applications are made to operate different parts of an installation send a copy of any notice served on an applicant under paragraph 7 to the other applicants. S

22.—(1) SEPA must— S

(a) advertise notice of a draft determination under paragraph 20(1)(b) on the SEPA web site , or if it considers it appropriate, by any other means, within the 3 day period beginning with the date on which that notice is given, and

(b) take all steps specified in the advertisement as falling to be carried out by SEPA within the periods set out in the advertisement.

(2) If notice of a draft determination has been provided for onward transmission to [F61 a] Member State under paragraph 26, SEPA must give a copy of the advertisement and of that draft to the Scottish Ministers at the same time as the notice is advertised.

Textual Amendments

F61 Word in Sch. 4 para. 22(2) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(g); 2020 c. 1, Sch. 5 para. 1(1)

23.—(1) An advertisement under paragraph 22 must— S

(a) explain where, how and at what times the register which contains—

(i) any additional information relevant to the determination of the application which has become available after the application is advertised under paragraph 8,

(ii) information about any [F62 BAT conclusions] relevant to the installation or activity concerned,

(iii) information about how emission limit values have been set in relation to best available techniques and emission limit values associated with the techniques

(iv) a copy of the draft determination, and

(v) information on the arrangements for public participation,

(vi) the reasons and considerations on which the draft determination is based,

may be inspected, and that it may be inspected free of charge,

(b) explain where any other information and guidance relevant to the application may be obtained, and that it may be obtained free of charge,

(c) explain that any person may make written representations to SEPA in a 28 day period beginning with the date of the advertisement, and give the address for receiving such representations,

(d) explain that where—

(i) no representations are made to SEPA within that period, or where applicable under paragraph 28, SEPA must—

(aa) give notice of the determination,

(bb) include a copy of the determination in the register, together with—

(cc) a statement confirming that no representations were made,

(dd) information on the reasons and considerations on which the determination is based, and

(ee) information about the public participation process, and

(ff) advertise the notice on its web site, or if it considers it appropriate advertise the notice by any other means,

within the period of 7 days beginning on the day on which the later of the period specified in paragraph (c) or, where applicable, paragraph 28 ends, or

(ii) representations are made to SEPA within the period specified in paragraph (c) or, where applicable, paragraph 28, SEPA must subject to paragraph 24—

(aa) give notice of its determination,

(bb) include in the register a copy of the final determination, together with information on the reasons and considerations on which the determination is based, including information about the public participation process, and

(cc) advertise the notice on its web site or, if it considers it appropriate, by any other means,

within the period of 21 days beginning on the day on which the later of the periods specified in subparagraph (c) (or where applicable paragraph 28) ends, or within such longer period as may be agreed with the applicant.

(2) If notice of a draft determination has been provided for onward transmission to [F63 a] Member State under paragraph 26, the Scottish Ministers must give the Secretary of State—

(a) a copy of the determination, and

(b) the information specified in sub-paragraph (1)(d)(i)(bb) or (ii)(bb) (as the case may be),

by the date by which SEPA is required to give notice under sub-paragraph (1)(d)(i) or (ii).

Textual Amendments

F62 Words in Sch. 4 para. 23(1)(a)(ii) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F63 Word in Sch. 4 para. 23(2) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

24.  SEPA must take no account for the purposes of calculating the period specified in paragraph 23(1)(d)(ii) of any period beginning with the date on which notice is served under paragraph 7 and ending on the date on which the applicant furnishes the specified information. S

25.  If SEPA fails to give notice of a determination under paragraph 20, or a draft determination under paragraph 23, within the period specified for such a purpose, then the application is deemed to have been refused if the applicant gives notice to that effect to SEPA after the end of the period. S

26.—(1) This paragraph applies where— S

(a) the Scottish Ministers are aware that the operation in Scotland of an installation carrying out an activity described in Annex I to the Industrial Emissions Directive is likely to have significant negative effects on the environment of [F64 a] Member State, or

(b) [F65 a] Member State whose environment is likely to be so affected requests information about the operation of the installation.

(2) The Scottish Ministers must give the Secretary of State for onward transmission to the F66 ... Member State F67 ... —

(a) a copy of the application to operate the installation,

(b) a copy of the advertisement under paragraph 8, and

(c) if applicable, copies of the draft determination in respect of that application and of the advertisement under paragraph 22, at the same time as the application or draft determination is advertised under paragraphs 8 or 22, and

(d) any additional information which has become available after the application or draft determination was advertised, and which may be relevant to the determination of the application F68 ...

(3) The Scottish Minsters must comply with sub-paragraph (2)—

(a) at the same time as the application, proposed variation or draft determination are advertised under paragraphs 8 or 22, or

(b) if this paragraph applies after the date of such advertisement, and the application or proposed variation has not been determined, as soon as possible thereafter.

Textual Amendments

F64 Word in Sch. 4 para. 26(1)(a) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(i)(i); 2020 c. 1, Sch. 5 para. 1(1)

F65 Word in Sch. 4 para. 26(1)(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(i)(i); 2020 c. 1, Sch. 5 para. 1(1)

F66 Word in Sch. 4 para. 26(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(i)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F67 Words in Sch. 4 para. 26(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(i)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F68 Words in Sch. 4 para. 26(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(i)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

27.  The Scottish Ministers must, where paragraph 26 applies, give notice of that fact to SEPA and the applicant, and if the application is not a called-in case— S

(a) SEPA may not determine the application, or provide a draft determination, until the Scottish Ministers have given SEPA—

(i) notice that bilateral consultation F69 ... has been carried out, and

(ii) a copy of any representations duly received by the Scottish Ministers in respect of the application from a person in the F70 ... Member State (a “Member State representation”), and

(b) the 4 month period within which to give notice of determination or to provide a draft determination of the application set out in paragraph 20 begins on the date SEPA receives notification from the Scottish Ministers that the bilateral consultations have been completed.

Textual Amendments

F69 Words in Sch. 4 para. 27(a)(i) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(j)(i); 2020 c. 1, Sch. 5 para. 1(1)

F70 Word in Sch. 4 para. 27(a)(ii) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(j)(ii); 2020 c. 1, Sch. 5 para. 1(1)

28.—(1) The Scottish Ministers must give SEPA any Member State representations received in the 35 day period after the date of notification of the draft determination to the Secretary of State under paragraph 26 within the 10 day period of beginning on the day after the end of that 35 day period. S

(2) SEPA, or the Scottish Ministers in a called-in case, must—

(a) consider any Member State representation when determining a case to which paragraph 26 applies, and

(b) on determining the case provide any F71 ... Member State with which bilateral consultation has been carried out with information on the—

(i) contents of the decision (including a copy of the permit),

(ii) reasons for making the determination, and

(iii) results of consultation before making the determination, and on how the results were taken into account by SEPA or the Scottish Ministers.

Textual Amendments

F71 Word in Sch. 4 para. 28(2)(b) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(25)(k); 2020 c. 1, Sch. 5 para. 1(1)

[F72 28A.   SEPA must, in respect of an application for a permit for a medium combustion plant, inform the applicant when it begins the procedure for determining the permit.

Textual Amendments

F72 Sch. 4 paras. 28A-28C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(b)

28B.   SEPA must ensure, in respect of a permit for a Part B installation at which the only activity carried out is the activity described in paragraph (d) of Part B of Section 1.1 of schedule 1, that the permit includes only such conditions as set in accordance with regulation 26A and any other requirement in these Regulations to include any other condition does not apply in respect of the permit to that extent.

Textual Amendments

F72 Sch. 4 paras. 28A-28C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(b)

28C.   SEPA must ensure, in respect of a permit for a Part B installation at which the activities listed in both paragraphs (c) and (d) of Part B of Section 1.1 of schedule 1 will be carried out but at which no other activity listed in schedule 1 or 2 will be carried out, that the permit includes only such conditions as SEPA considers necessary to comply with regulation 26A and paragraphs 13 and 14 of schedule 1A, and any requirement in these Regulations to include any other condition does not apply in respect of the permit to that extent.]

Textual Amendments

F72 Sch. 4 paras. 28A-28C inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 14(b)

29.  In Parts 1 and 2 of this Schedule— S

(a) “called-in case” has the same meaning as in paragraph 17(1)

(b) “representation period” has the same meaning as in paragraph 19(1), and

(c) “Member State” includes Iceland, Liechtenstein and Norway M18 .

Marginal Citations

M18 See Article 73 of, and Annex XX to, the Agreement on the European Economic Area which entered into force on 1st January 2004.

30.  This Part is subject to Part 3. S

PART 3 S NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

31.  Paragraphs 8 or 22 do not apply in so far as they would require the advertisement of any information mentioned in paragraphs 9 or 22 which is not included in the register by virtue of regulations 65 or 66. S

32.  Paragraph 13, other than paragraph 13(f), does not apply in so far as it would require a person mentioned in that paragraph to be given information which is not included in the register by virtue of regulation 65. S

33.  Subject to paragraph 34, paragraph 13(b) and (c)(i) and (iii) do not apply in so far as they would require a person mentioned in that paragraph to be given information which is not included in the register by virtue of regulation 66. S

34.  Paragraph 33 does not apply to information excluded from the register by virtue of regulation 66 in so far as— S

(a) in the case of an authority mentioned in paragraph 13(b), the information is about the release of any substance which may affect a site of special scientific interest or a European site,

(b) in the case of Scottish Water, the information is about the release of any substance into a sewer vested in Scottish Water,

(c) in the case of an authority mentioned in paragraph 13(c)(iii), the information is about the release of any substance into a harbour managed by that authority.

35.  Where a matter falls to be determined for the purposes of regulations 65 or 66— S

(a) the period within which an advertisement is to be published under paragraph 8 is a 28 day period beginning 14 days after the day on which the matters are so determined,

(b) the period for notification under paragraph 13 is a 14 day period beginning 14 days after the day on which the matters are so determined,

(c) the period within which an advertisement is to be published under paragraph 22 is a 3 day period beginning 14 days after the day on which the matters are so determined.

36.  For the purposes of paragraph 35, and paragraphs 18, 20 and 21 of Schedule 7, the matters to be determined under regulation 66 are so determined— S

(a) where SEPA determines under that regulation that information is commercially confidential, on the date of the determination by SEPA, or

(b) where SEPA determines under that regulation that the information is not commercially confidential—

(i) on the date on which any period for bringing an appeal expires without an appeal being brought, or

(ii) if an appeal is brought, on the date of the final determination or withdrawal of the appeal (as the case may be).

Regulation 25

SCHEDULE 5 S LIST OF POLLUTING SUBSTANCES

Air S

1.  Sulphur dioxide and other sulphur compounds.

2.  Oxides of nitrogen and other nitrogen compounds. S

3.  Carbon monoxide. S

4.  Volatile organic compounds. S

5.  Metals and their compounds. S

6.  Dust including fine particulate matter. S

7.  Asbestos (suspended particulates, fibres). S

8.  Chlorine and its compounds. S

9.  Fluorine and its compounds. S

10.  Arsenic and its compounds. S

11.  Cyanides. S

12.  Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air. S

13.  Polychlorinated dibenzodioxins and polychlorinated dibenzofurans. S

Water S

1.  Organohalogen compounds and substances which may form such compounds in the aquatic environment.

2.  Organophosphorus compounds. S

3.  Organotin compounds. S

4.  Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment. S

5.  Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances. S

6.  Cyanides. S

7.  Metals and their compounds. S

8.  Arsenic and its compounds. S

9.  Biocides and plant health products. S

10.  Materials in suspension. S

11.  substances which contribute to eutrophication (in particular, nitrates and phosphates). S

12.  Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.). S

13.  Substances listed in Annex X to Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy M19 . S

Marginal Citations

M19 OJ L 327, 22.12.2000, p.1, as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p.1), Directive 2008/32/EC (OJ L 81, 20.3.2008, p.60), Directive 2008/105/EC (OJ L 348, 24.12.2008, p.84) and Directive 2009/31/EC (OJ L 140, 5.6.2009, p.114).

Regulation 24

SCHEDULE 6 S COMPENSATION FOR OFF-SITE CONDITIONS

1.  This Schedule applies in any case where— S

(a) an operator is required by an off-site condition to carry out works, or do any other thing, in relation to land not forming part of the site of the installation,

(b) a person whose consent is required has granted to the operator a right in relation to the land under regulation 24(2) (an “off-site right”), and

(c) the off-site right, or that right together with any other right, is such as will enable the operator to comply with the off-site condition.

2.  Any person who has granted an off-site right is entitled to be paid compensation by the operator. S

3.  Subject to paragraph 6(3) and (5)(b), compensation is payable for loss and damage for— S

(a) depreciation in the value of any relevant interest which results from the grant of the off-site right,

(b) depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the off-site right,

(c) a relevant interest which—

(i) is attributable to the grant of the off-site right or the exercise of that right,

(ii) does not consist of depreciation in the value of that interest, and

(iii) is loss or damage for which the grantor would have been entitled to compensation for disturbance if that interest had been acquired compulsorily under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 M20 under a notice to treat served on the date on which the off-site right is granted,

(d) damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest, and which results from the grant of the off-site right or the exercise of that right,

(e) loss in respect of work carried out by or on behalf of the grantor which is rendered abortive by the grant of off-site right or the exercise of that right,

(f) the amount of any valuation and legal expenses reasonably incurred by the grantor in—

(i) granting the off-site right,

(ii) and in the preparation of the application for, and the negotiation of the amount of, compensation (up to the point of referral to the Lands Tribunal for Scotland under paragraph 8(2)).

Marginal Citations

M20 1947 c.42.

4.—(1) Subject to sub-paragraph (2), an entitlement to compensation under this Schedule arises on the date of the grant of an off-site right. S

(2) The entitlement to compensation arises on the date of the final determination of the appeal where, after the grant of an off-site right, the condition of the permit which rendered the grant of that right necessary is upheld on an appeal against that condition.

5.—(1) An application for compensation under this Schedule must be made by the person granting an off-site right— S

(a) within six months from the date on which the right is first exercised, or

(b) within 12 months from the date on which the entitlement to compensation arises in the case of that grantor.

(2) An application must be made in writing to an operator to whom the off-site right is granted at the last known address for correspondence of the operator.

(3) The application must contain, or be accompanied by—

(a) a copy of the grant of an off-site right in respect of which the compensation is payable, and of any plans attached to that grant,

(b) a description of the exact nature of any interest in land in respect of which compensation is applied for,

(c) a statement of the amount of compensation applied for, distinguishing the amounts applied for under each sub-paragraph of paragraph 3, and showing how the amount applied for under each sub-paragraph has been calculated, and

(d) where the date on which the entitlement to compensation arises is ascertained in accordance with paragraph 4(2), a copy of the notice of the final determination of the appeal.

6.—(1) The amount to be paid by way of compensation must be assessed in accordance with this paragraph. S

(2) The rules set out in section 12 of the 1963 Act have effect, so far as applicable and subject to any necessary modifications, for the purposes of this paragraph as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(3) No account may be taken of any enhancement of the value of any interest in land, by reason of any building erected, work done or improvement or alteration made on any land in which the person granting the off-site right is (or was at the time of the enhancement) directly or indirectly concerned if—

(a) the enhancement was not reasonably necessary, and

(b) was undertaken with a view to obtaining compensation or increased compensation.

(4) In calculating the amount of any loss under paragraph 3(e), expenditure incurred in the preparation of plans or on other similar preparatory matters must be taken into account.

(5) Where the interest in respect of which compensation is to be assessed is subject to a standard security—

(a) the compensation is assessed as if the interest were not subject to that security,

(b) no compensation is payable to the creditor in respect of their interest in the land, and

(c) any compensation payable in respect of the interest subject to the security must be paid to the—

(i) creditor in that security, or

(ii) if there is more than one creditor, to the first ranking of such creditors,

provided that the sum paid must not be more than the sum due to the creditor, and must be applied by the creditor as if it were proceeds of sale.

7.—(1) Compensation payable carries interest at the rate for the time being prescribed under section 40 of the 1963 Act from the date specified in sub-paragraph (2) until payment. S

(2) The specified date is—

(a) in the case of compensation payable by virtue of paragraph 3(a) or (b), the date of depreciation,

(b) in the case of compensation payable by virtue of paragraph 3(c), (d) or (e), the date on which the loss is sustained or the damage done or, where injurious affection is sustained, the date of the injurious affection,

(c) in the case of compensation payable by virtue of paragraph 3(f), the date on which the expenses become payable.

(3) If it appears to any person (“the first person”) that the first person may become liable to pay to another person (“the second person”) compensation or interest under this paragraph the first person may, if the second person requests the first person in writing for to do so, make one or more payments on account of such compensation or interest.

(4) If, after a payment on account has been made under sub-paragraph (3)—

(a) it is agreed or determined that compensation or interest is not liable to be paid, or

(b) by reason of any agreement or determination, any payment under that sub-paragraph is shown to be excessive,

the payment or, as the case may be, excess is recoverable by the first person.

8.—(1) Compensation that is determined to be due is payable— S

(a) where the operator and the grantor or creditor in a standard security agree that a single payment is to be made on a specified date, on that date,

(b) where the operator and the grantor or such a creditor agree that payment is to be made in instalments at different dates, on the date agreed as regards each instalment,

(c) in any other case, subject to any direction of the Lands Tribunal for Scotland, as soon as reasonably practicable after the amount of the compensation has been finally determined.

(2) Any dispute in relation to the payment of compensation or interest shall be referred to and determined by the Lands Tribunal for Scotland.

(3) In relation to the determination of any such question, sections 9 and 11 of the 1963 Act apply as if—

(a) the reference in section 9(1) of that Act to section 8 of that Act were a reference to sub-paragraph (2), and

(b) references in section 11 of that Act to the acquiring authority were references to the operator.

9.  In this Schedule— S

“1963 Act” means the Land Compensation (Scotland) Act 1963 M21 ,

“granted” includes joining in granting,

“grantor” means a person mentioned in sub-paragraph (1)(b),

“relevant interest” means an interest in land in respect of which rights have been granted by the grantor under regulation 24(2), and

“standard security” has the same meaning as in section 9 of the Conveyancing and Feudal Reform (Scotland) Act 1970 M22 .

Marginal Citations

M21 1963 c.51. Section 9 was amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 33, paragraph 7(2). Section 12 was repealed in part by the Planning and Compensation Act 1991 (c. 34), Schedules 17 and 19.

M22 1970 c.35. Section 9 was amended by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (2000 asp 5), section 31, Schedule 10, paragraph 32(6) and Schedule 11.

Regulations 46 and 58

SCHEDULE 7 S VARIATION OF PERMITS

PART 1 S APPLICATIONS FOR VARIATION

1.  An application under regulation 46 for the variation of the conditions of a permit must be in writing and must provide— S

(a) the name of the applicant, that person's telephone number, address (including post code) and e-mail address (if any) and, if different, the address or e-mail address to which correspondence relating to the application should be sent,

(b) in the case of a permit to operate an installation, the address of the site of the installation to which the permit applies,

(c) if appropriate, a description of the proposed change in the operation of the installation or mobile plant requiring the variation and a statement of any changes as respects the matters dealt with in paragraph 1(1)(g) to (m) of Schedule 4 which would result if the proposed change were made,

(d) in the case of a variation required by a proposed substantial change in the operation of a Part A installation or a solvents installation, any relevant information obtained or conclusion arrived at in relation to the proposed change for the purposes of [F73 an environmental impact assessment],

(e) an indication of the variations to the conditions of the permit which the operator wishes SEPA to make,

(f) any information which the operator wishes SEPA to take into account when considering whether the operator is a fit and proper person to carry out any specified waste management activity which would be authorised by those variations,

(g) any additional information which the operator wishes SEPA to take into account in considering the application,

(h) in the case of an application for the variation of the conditions of a permit in respect of a waste incineration installation—

(i) the information specified in paragraph 3 of Schedule 4, or

(ii) where such information has previously been included in an application under these Regulations, a statement of any changes as respects those matters which would result if the proposed change in the operation of the installation requiring the variation were made,

(i) in the case of an application for a variation of the conditions of a permit in respect of a solvents installation the information specified in paragraph 4 of Schedule 4

(j) in the case of an application where the applicant proposes that the permit as varied will authorise an emission limit value set under regulation 25(7), the reasons for setting that value.

Textual Amendments

F73 Words in Sch. 7 para. 1(d) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(a); 2020 c. 1, Sch. 5 para. 1(1)

2.—(1) This paragraph applies where an application relates to a change in operation of a Part A installation that will if approved— S

(a) result in additional land being included in the site,

(b) result in the first use of a substance on the site, or

(c) result in the use, production or release of a relevant hazardous substance on the site (including any such additional land).

(2) A site report is not required under paragraph [F74 (3)] for additional land where the change relates to a solvents emissions activity, provided that no activity at the installation is described in Part 1 of Schedule 1.

(3) An application to which sub-paragraph (1)(a) or (b) applies must include a site report.

(4) An application to which sub-paragraph (1)(c) applies must include a baseline report.—

(5) An existing site report or baseline report may be amended to take account of any substance or relevant hazardous substance for the purposes of paragraph (1).

(6) SEPA may on request by the applicant waive the requirement in sub-paragraph (1)(c) for a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

(7) In this paragraph—

(a) a reference to an activity includes a directly associated activity, and

(b) “Part A installation” has the same meaning as in regulation 48.

Textual Amendments

F74 Word in Sch. 7 para. 2(2) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 13(a)

3.—(1) SEPA may by notice require the applicant to provide such further information for the purpose of determining an application for variation as is specified in the notice within the period so specified. S

(2) SEPA may by further notice to the applicant treat the application as having been withdrawn at the end of that period if the applicant fails to furnish the information within that period.

PART 2 S DETERMINATION OF VARIATIONS

4.— [F75 (1) Subject to sub-paragraphs (2) and (3), this paragraph applies where— S

(a) an application for variation is made under regulation 46 that will, if granted, authorise a substantial change in operation of an installation or mobile plant,

(b) SEPA proposes to serve a variation notice for a variation that will authorise—

(i) a substantial change in operation of an installation or mobile plant, or

(ii) a variation of a permit for a Part A installation as a result of a review under regulation 44(1)(a), or

(c) SEPA makes a determination that this paragraph applies to a proposed variation.]

(2) This paragraph does not apply where SEPA proposes to serve a variation notice—

(a) which has been modified to take account of representations made in accordance with this paragraph, or

(b) in order to comply with a direction given by the Scottish Ministers.

(3) This paragraph does not apply in relation to a variation relating only to dry cleaning (as defined in Part 5 of Schedule 2).

(4) Where this paragraph applies, SEPA must—

(a) notify the operator that the paragraph applies, and of any prescribed fee,

(b) in the case of a proposed variation notice, serve a copy of the proposed notice on the operator,

(c) give notice of the application or proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 13 of Schedule 4 in the case of an application for a permit to operate the installation or mobile plant, and

(d) in the case of a proposed variation notice affecting the operation of a Part A installation, provide—

(i) information on the reasons and considerations on which that proposed variation notice is based,

(ii) information on any guidance relevant to the determination of the proposed variation.

(5) SEPA must, subject to paragraph 19(a), comply with sub-paragraph (4) within the 14 day period after receipt of an application for variation.

(6) For the purposes of calculating the period in sub-paragraph (5), no account may be taken of any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator provides the information specified in the notice.

(7) An application for variation is deemed to have been withdrawn if the applicant does not pay any prescribed fee to SEPA within 28 days after the date of notification under sub-paragraph (4)(a).

(8) Subject to sub-paragraph (10) and to paragraph 19(b), an operator notified under sub-paragraph (4)(a) must, within the 28 day period beginning on the day on which the notification is made, advertise the application or proposed variation notice (as the case may be)—

(a) in the case of an installation in one or more newspapers circulating in the locality in which the installation is operated, and

(b) in the case of a Part A installation other than a [F76 landfill] described in paragraph (b) of Part A of Section 5.2 of Part 1 of Schedule 1, in the Edinburgh Gazette.

(9) An advertisement under sub-paragraph (8) must—

(a) state the name of the operator,

(b) state the address of the site of the installation,

(c) describe briefly the activities carried out in the installation and the change in the operation of the installation that will be authorised by the variation,

(d) state where and, in the case of a variation affecting the operation of a Part A installation, how and at what times, the register which contains—

(i) particulars of the application or proposed variation,

(ii) in the case of a proposed variation affecting the operation of a Part A installation, a copy of the proposed variation notice and the information provided by SEPA under sub-paragraph (4)(d)(i) on the reasons and considerations on which that proposed variation notice is based,

may be inspected, and that it may be inspected free of charge,

(e) explain that any person may make representations to SEPA in writing within the period of 28 days beginning with the date of the advertisement and give the address of SEPA for receiving the representations,

(f) explain that any such representations made by any person will be entered in the register unless that person requests in writing that they should not be so entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request,

(g) in the case of a variation affecting the operation of a Part A installation—

(i) explain that the particulars of the application contained in the register specified in paragraph (d) include a description of the elements listed in paragraph 1,

(ii) in the case of a proposed variation notice, describe the contents of that notice,

(iii) where applicable, state that the determination of the application or the serving of the variation notice is subject to a national or transboundary environmental impact assessment or to consultations [F77 with a Member State] in accordance with paragraph 13,

(iv) where applicable, explain that any guidance relevant to the determination of the proposed variation which has been provided to the operator under sub-paragraph (4)(d)(ii) has been included in the register or otherwise made available.

(10) Sub-paragraph (8) does not apply to a variation relating to an installation involving only an activity falling within paragraphs (b)(ii), (c), (d) or (e) of Part B of Section 1.2 of Part 1 of Schedule 1.

(11) Any representations made by any person within the period allowed must be considered by SEPA in determining the application or before serving the variation notice.

(12) For the purpose of sub-paragraph (11), the period allowed for making representations is—

(a) in the case of persons notified pursuant to sub-paragraph (4)(c), the period of 28 days beginning with the date on which notice of the application or proposed variation notice was given under that sub-paragraph,

(b) in the case of any other person, the period of 28 days beginning with the date on which the application or proposed variation notice was advertised pursuant to sub-paragraph (8),

(c) in the case of all persons, the period of 28 days beginning with the date on which the draft determination is advertised pursuant to paragraph 9.

(13) Where this paragraph applies to a variation affecting the operation of a Part A installation or a solvents installation, SEPA must consider any relevant information obtained or conclusion arrived at for the purposes of [F78 an environmental impact assessment] in relation to the change on determining the application or before serving the variation notice.

Textual Amendments

F75 Sch. 7 para. 4(1) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 13(b)(i)

F76 Word in Sch. 7 para. 4(8)(b) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 13(b)(ii)

F77 Words in Sch. 7 para. 4(9)(g)(iii) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(b); 2020 c. 1, Sch. 5 para. 1(1)

F78 Words in Sch. 7 para. 4(13) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(c); 2020 c. 1, Sch. 5 para. 1(1)

5.—(1) If SEPA proposes to serve a variation notice which will result in the inclusion of an off-site condition in the permit concerned, it must before serving the variation notice give a notice which complies with sub-paragraph (3) to every person appearing to it to be a person falling within sub-paragraph (2). S

(2) A person falls within this sub-paragraph if—

(a) that person is the owner, tenant or occupier of the land, and

(b) that land is land in relation to which it is likely that, as a consequence of the off-site condition in question, rights will have to be granted under regulation 24(2) to the holder of the permit.

(3) A notice served under sub-paragraph (1) must—

(a) set out the off-site condition in question,

(b) indicate the nature of the works or things which that condition might require the holder of the permit to carry out or do, and

(c) specify a period, not being less than 28 days beginning on the date on which the notice is served, in which representations may be made to SEPA relating to the condition or its possible effects and the manner in which any such representations are to be made.

(4) In sub-paragraph (2), “owner” has the same meaning as in paragraph 11(4) of Schedule 4.

(5) Any representations made by a person notified under sub-paragraph (1) within the period of 28 days beginning with the date on which notice was given under that sub-paragraph must be considered by SEPA before serving the variation notice.

6.—(1) The Scottish Ministers may give directions to SEPA requiring that any particular application under regulation 46(3) or any class of such applications must be referred to them for determination pending a further direction under sub-paragraph (7). S

(2) SEPA must inform the applicant of the fact that the application is being transmitted to the Scottish Ministers, and must forward to the Scottish Ministers any representations which have been made to it within the period allowed.

(3) Where an application for the variation of the conditions of a permit is referred to them under sub-paragraph (1), the Scottish Ministers may afford the applicant and SEPA an opportunity of appearing before and being heard by a person appointed by them and they must do so in any case where a request is duly made by the applicant or SEPA to be so heard.

(4) A request under sub-paragraph (3) must be in writing and must be made within the period of 21 days beginning with the day on which the applicant is informed that the application is being transmitted to the Scottish Ministers.

(5) Paragraphs 4(2) to (10) of Schedule 8 apply to a hearing held under sub-paragraph (3) as they apply to a hearing held under paragraph 4(1) of that Schedule, with the—

(a) substitution in sub-paragraph (3) for the reference to the appellant of a reference to the applicant,

(b) substitution in sub-paragraph (4)—

(i) for the reference to the appeal of a reference to the application, and

(ii) for the reference to every person mentioned in paragraph 3(1)(a) of Schedule 8 and every person mentioned in paragraph 3(1)(b) and (c) of that Schedule who has made representations to the Scottish Ministers in writing of a reference to every person who was required to be notified under paragraph 3(4)(b) and to any person who made representations to SEPA with respect to the subject matter of the application,

(c) substitution in sub-paragraph (7)—

(i) for the reference in sub-paragraph (7)(a) to the appellant of a reference to the applicant,

(ii) for the reference in sub-paragraph (7)(c) to any person required under paragraph 3(1)(a) of Schedule 8 to be notified of the appeal of a reference to any person required under paragraph 3(4)(b) to be notified of the application.

(6) In relation to SEPA and the applicant, regulation 58(5) and (6) applies to any determination by the Scottish Ministers of any application referred to them under sub-paragraph (1) as it applies to decisions made by the Scottish Ministers under regulation 58(1) or (2).

(7) On determining any application transferred under this paragraph, the Scottish Ministers must (or, on determining an appeal the sheriff may) give SEPA such directions as they consider fit as to whether it is to grant the application and, if so, as to the conditions that are to be attached to the permit by means of the variation notice.

7.—(1) In the case of a proposed variation notice affecting the operation of a Part A installation to which the consultation and advertising procedure set out in paragraph 4 applies— S

(a) where no representations are made to SEPA within the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 or by the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 14(b), SEPA must—

(i) serve the variation notice,

(ii) include in the register a copy of the variation notice, together with the statement confirming that no representations have been received by SEPA on the proposed variation and information on the reasons and considerations on which the variation notice is based, and

(iii) where paragraph 13 applies, forward a copy of the variation notice and the information specified in sub-paragraph (ii) to the Scottish Ministers,

within the period of 7 days beginning on the day on which the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 ends or the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 14(b), or

(b) where representations are made to SEPA within the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 or by the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 14(b), SEPA must—

(i) serve the variation notice,

(ii) include in the register a copy of the variation notice, together with information on the reasons and considerations on which the variation notice is based, including information about the public participation process,

(iii) advertise the notice on its web site or, if it considers it appropriate, by any other means, and

(iv) where paragraph 13 applies, forward a copy of the variation notice and the information specified in sub-paragraph (ii) to the Scottish Ministers,

within the period of 21 days beginning on the day on which the period allowed by paragraph 4(12) or, where applicable and if later, paragraph 5 ends or the day on which SEPA receives notification by the Scottish Ministers that the bilateral consultations have been completed pursuant to paragraph 14(b) or within such longer period as may be agreed with the applicant.

(2) Where the proposed variation has been forwarded to [F79 a] Member State pursuant to paragraph 13, the Scottish Ministers must forward to the Secretary of State a copy of the variation notice and the information specified in sub-paragraph (1)(a)(ii) or (b)(iv) as the case may be, as soon as practicable.

(3) Where sub-paragraph (1) applies, and SEPA fails to serve the variation notice within the periods specified in that sub-paragraph, the proposed variation is deemed to have been withdrawn at the end of that period if the operator notifies SEPA in writing of such failure.

Textual Amendments

F79 Word in Sch. 7 para. 7(2) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(d); 2020 c. 1, Sch. 5 para. 1(1)

8.—(1) Except in a case where an application has been referred to the Scottish Ministers under paragraph 6 and, subject to paragraph 14, SEPA must give notice of— S

(a) its determination of an application for variation under regulation 46, or

(b) in the case of such an application where which paragraph 4(1)(b) applies, and which affects the operation of a Part A installation, its draft determination,

within the period specified in sub-paragraph (2).

(2) The specified period is—

(a) where the consultation and advertising procedure set out in paragraph 4 applies, the period of 4 months beginning with the day on which SEPA received the application,

(b) where that procedure does not apply, the period of 3 months beginning with the day on which SEPA received the application,

or such longer period as may be agreed with the operator.

(3) For the purpose of calculating the periods mentioned in sub-paragraph (2) no account is taken of—

(a) any period beginning with the date on which notice is served on an operator under paragraph 3 and ending on the date on which the operator furnishes the information specified in the notice,

(b) any period allowed for making representations in relation to a notice given pursuant to paragraph 5 in so far as that period does not overlap with any other period allowed for making representations in accordance with paragraph 4(12),

(c) where a matter falls to be determined for the purposes of regulation 65 or under regulation 66, any period beginning with the date on which the period of 28 days referred to in paragraph 4(8) ends and ending on the date on which the application is advertised in accordance with paragraph 19(b).

9.—(1) SEPA must— S

(a) within a period of 3 days beginning with the date on which notice of a draft determination is given pursuant to paragraph 8, advertise the notice on its web site or, if it considers it appropriate, by any other means, and

(b) take all relevant steps specified in the advertisement as falling to be carried out by SEPA, within the time-periods set out in that advertisement.

(2) In the case of a notice of a draft determination in respect of an application which has been forwarded by the Scottish Ministers to the Secretary of State for onward transmission to [F80 a] Member State under paragraph 13, SEPA must forward copies of the draft determination and of the advertisement made pursuant to this paragraph to the Scottish Ministers at the same time as the draft determination is advertised.

Textual Amendments

F80 Word in Sch. 7 para. 9(2) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(e); 2020 c. 1, Sch. 5 para. 1(1)

10.—(1) An advertisement required by paragraph 9 must— S

(a) explain where, how and at what times the register which contains—

(i) any additional information which is relevant to the determination of the application which has become available after the application is advertised pursuant to paragraph 4(8),

(ii) information about any [F81 BAT conclusions] relevant to the installation or activity concerned,

(iii) information about how emission limit values have been set in relation to best available techniques and emission limit values associated with the techniques,

(iv) a copy of the draft determination, and

(v) information on the arrangements for public participation and the reasons and considerations on which the draft determination is based,

may be inspected, and that it may be inspected free of charge,

(b) explain where any other information and guidance relevant to the application may be obtained free of charge,

(c) explain that any person may make representations to SEPA in writing within the period of 28 days beginning with the date of the advertisement and give the SEPA address for receiving representations,

(d) explain that where—

(i) no representations are made to SEPA within the period specified in paragraph (c) or where applicable, paragraph 16, SEPA must—

(aa) give notice of its determination, and

(bb) include in the register a copy of the final determination, together with a statement confirming that no representations have been made on the draft determination and information on the reasons and considerations on which the determination is based and information about the public participation process, and

(cc) advertise the notice on its web site or, if it considers it appropriate, by any other means,

within the period of 7 days beginning on the day on which the period referred to in sub-paragraph (c) or, where applicable, paragraph 16 ends, or

(ii) representations are made to SEPA within the period specified in paragraph (c) or paragraph 16 SEPA must subject to paragraph 11—

(aa) serve the variation notice, and

(bb) include in the register a copy of the final variation, together with information on the reasons and considerations on which the variation is based, including information about the public participation process, and

(cc) advertise the notice on its web site or, if it considers it appropriate, by any other means,

within the period of 21 days beginning on the day on which the later of the period specified in sub-paragraph (c) or, where applicable, paragraph 16 ends, or within such longer period as may be agreed with the applicant.

(2) Where the draft determination has been forwarded to the Secretary of State pursuant to paragraph 13 the Scottish Ministers must forward to the Secretary of State a copy of the final determination and the information specified in sub-paragraph (1)(d)(i)(bb) or (ii)(bb) as the case may be, by the date by which SEPA is required to give notice of its determination under sub-paragraph (1)(d)(i) or (ii), for the purpose of its onward transmission as soon as practicable to the Member State to which the draft determination has been forwarded under paragraph 13.

Textual Amendments

F81 Words in Sch. 7 para. 10(1)(a)(ii) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(f); 2020 c. 1, Sch. 5 para. 1(1)

11.  For the purpose of calculating the period specified in paragraph 10(1)(d)(ii), no account is taken of any period beginning with the date on which notice is served on the applicant under paragraph 3 and ending on the date on which the applicant provides the information specified in the notice. S

12.  If SEPA fails to give notice of its determination or draft determination of an application for a variation within the applicable periods allowed by or under paragraph 8 or 10, the application is, if the applicant notifies SEPA in writing that the applicant treats the failure as such, deemed to have been refused at the end of that period. S

13.—(1) This paragraph applies where— S

(a) the Scottish Ministers are aware that an application or a proposed variation notice relates to a substantial change in the operation of an installation carrying out activities listed in Annex I to the Industrial Emissions Directive which are likely to have significant negative effects on the environment of [F82 a] Member State, or

(b) such a Member State requests information relating to such an application or notice.

(2) Where this paragraph applies the Scottish Ministers must give to the Secretary of State for onward transmission to the F83 ... Member State F84 ...—

(a) a copy of the application or proposed variation notice,

(b) a copy of the advertisement made under paragraph 4(8),

(c) where applicable, a copy of the draft determination in respect of such an application together with a copy of the advertisement under paragraph 9, and

(d) any additional information which they consider relevant to the determination of the application or proposed variation noticeF85 ....

(3) The Scottish Minsters must comply with sub-paragraph (2)—

(a) at the same time as the application, proposed variation or draft determination are advertised under paragraphs 4(8) and 9, or

(b) if this paragraph applies after the date of such advertisement, and the application or proposed variation has not been determined, as soon as possible thereafter.

Textual Amendments

F82 Word in Sch. 7 para. 13(1)(a) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)

F83 Word in Sch. 7 para. 13(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(g)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F84 Words in Sch. 7 para. 13(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(g)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F85 Words in Sch. 7 para. 13(2) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(g)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

14.  The Scottish Ministers must where paragraph 13 applies given notice of that fact to SEPA and the operator, and— S

(a) SEPA must not determine the application, or provide its draft determination, or serve a variation notice until the Scottish Ministers have given SEPA—

(i) notice in writing that the bilateral consultationF86 ... has been carried out,

(ii) a copy of any representations duly received by the Scottish Ministers in respect of the application or the proposed variation from a person in the F87 ... Member State (a “Member State representation”), and

(b) in the case of an application to be determined by SEPA, the time period within which to determine the application or to provide a draft determination set out in paragraph 8 begins on the day on which it receives that notification by the Scottish Ministers that the bilateral consultations have been completed.

Textual Amendments

F86 Words in Sch. 7 para. 14 omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(h)(i); 2020 c. 1, Sch. 5 para. 1(1)

F87 Word in Sch. 7 para. 14 omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(h)(ii); 2020 c. 1, Sch. 5 para. 1(1)

15.—(1) The Scottish Ministers must give SEPA any Member State representations received in the 35 day period after the date of notification of the draft determination to the Secretary of State under paragraph 13 within the 10 day period of beginning on the day after the end of that 35 day period. S

(2) SEPA must—

(a) consider any Member State representation when determining a case to which paragraph 13 applies, and

(b) on determining the case provide any F88 ... Member State with which bilateral consultation has been carried out with information on the—

(i) contents of the decision (including a copy of the permit),

(ii) reasons for making the determination, and

(iii) results of consultation before making the determination, and on how the results were taken into account by SEPA or the Scottish Ministers.

Textual Amendments

F88 Word in Sch. 7 para. 15(2)(b) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(26)(i); 2020 c. 1, Sch. 5 para. 1(1)

16.  In paragraphs 13 to 15, “ Member State” includes Iceland, Liechtenstein and Norway M23 . S

Marginal Citations

M23 See Article 73 of, and Annex XX to, the Agreement on the European Economic Area which entered into force on 1st January 2004.

PART 3 S NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

17.  The requirements of paragraph 4(8) or paragraph 9 of this Schedule do not apply in so far as they would require the advertisement of information mentioned in paragraph 4(9) or, as the case may be, paragraph 10 which is not to be included in the register under regulations 65 or 66. S

18.  Paragraphs 32 to 34 of Schedule 4 apply in relation to the requirement to give notice under paragraph 4(4)(c) of this Schedule as they apply to the requirement to give notice under paragraph 13 of that Schedule. S

19.  Where a matter falls to be determined for the purposes of regulation 65 or under regulation 66— S

(a) the period for notification under paragraph 4(4)(b) of this Schedule is the period of 14 days beginning 14 days after the day on which the matters to be determined for the purposes of regulation 65 or under regulation 66 are finally disposed of,

(b) the period within which an advertisement is to be published under paragraph 4(8) shall be 28 days beginning 14 days after the day on which the matters to be determined for the purposes of regulation 65 or under regulation 66 are finally disposed of.

20.  Where a matter falls to be determined for the purposes of regulation 65 or under regulation 66, the period within which an advertisement is to be made under paragraph 9 is the 3 day period beginning 14 days after the day on which the matters to be determined for the purposes of regulation 65 or under regulation 66 are finally disposed of. S

Regulation 58

SCHEDULE 8 S APPEALS TO THE SCOTTISH MINISTERS

1.—(1) A person who wishes to appeal to the Scottish Ministers under regulation 58 (an “appellant”) must at the same time— S

(a) give notice of the appeal to the Scottish Ministers notice of the appeal, together with the documents specified in sub-paragraph (2), and

(b) give SEPA a copy of that notice, together with copies of the documents specified in sub-paragraph (2)(a) and (f).

(2) The specified documents—

(a) a statement of the grounds of appeal,

(b) a copy of any relevant application,

(c) a copy of any relevant permit,

(d) a copy of any relevant correspondence between the appellant and SEPA,

(e) a copy of any decision or notice which is the subject matter of the appeal,

(f) a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.

(3) An appellant may withdraw an appeal by notifying the Scottish Ministers in writing and must send a copy of that notification to SEPA.

2.—(1) Subject to sub-paragraph (2), notice of appeal in accordance with paragraph 1 is to be given— S

(a) in the case of an appeal under regulation 58(1), before the expiry of the period of six months beginning with the date of the decision or deemed decision which is the subject matter of the appeal,

(b) in the case of an appeal under regulation 58(2) against a revocation notice, before the date on which the revocation takes effect,

(c) in the case of an appeal under regulation 58(2) against a variation notice served in connection with a partial transfer under regulation 47, before the expiry of the period of six months beginning with the date of the notice,

(d) in the case of an appeal under regulation 58(2) against a variation notice (other than a notice described in paragraph (c)), an enforcement notice or a suspension notice, or a closure notice under regulation 18(1) of the Landfill Regulations, before the expiry of the period of two months beginning with the date of the notice which is the subject of the appeal.

(2) The Scottish Ministers may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in sub-paragraph (1)(a), (c) or (d).

3.—(1) SEPA must, within 14 days of receipt of the copy of the notice of appeal sent in accordance with paragraph 1, give notice of the appeal to— S

(a) any person who was required to be given notice in respect of the application or permit to which the appeal relates under paragraph 13 of Schedule 4 or paragraph 4(4)(c) of Schedule 7,

(b) any person who made representations to SEPA with respect to the subject matter of the appeal, and

(c) any person who appears to SEPA to have a particular interest in the subject matter of the appeal.

(2) A notice under sub-paragraph (1) must—

(a) state that notice of appeal has been given,

(b) state the name of the appellant and, where the appeal concerns an installation, the address of the site of the installation,

(c) describe the application or permit to which the appeal relates,

(d) state that representations with respect to the appeal may be made to the Scottish Ministers in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice, and that copies of any representations so made will be furnished to the appellant and to SEPA,

(e) explain that any such representations will be entered in the register unless that person making the representation requests in writing that they should not be entered, and that where such a request is made there will be included in the register a statement indicating only that representations have been made which have been the subject of such a request,

(f) state that if a hearing is to be held wholly or partly in public, a person mentioned in sub-paragraph (1)(b) or (c) who makes representations with respect to the appeal and any person mentioned in sub-paragraph (1)(a) will be notified of the date of the hearing.

(3) SEPA must, within 14 days of sending a notice under sub-paragraph (1), notify the Scottish Ministers of the persons to whom and the date on which the notice was sent.

(4) In the event of an appeal being withdrawn, SEPA must give notice of the withdrawal to every person to whom notice was given under sub-paragraph (1).

4.—(1) Before determining an appeal under regulation 58, the Scottish Ministers may afford the appellant and SEPA an opportunity of appearing before and being heard by a person appointed by the Scottish Ministers (the “appointed person”) and they must do so in any case where a request is duly made by the appellant or SEPA to be so heard. S

(2) A hearing may, if the appointed person so decides, be held wholly or partly in private.

(3) Where the Scottish Ministers cause a hearing to be held, they must give the appellant and SEPA at least 28 days notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of the hearing.

(4) Where any part of a hearing is to be held in public, the Scottish Ministers must, at least 21 days before the date fixed for the holding of the hearing—

(a) where the appeal relates to the operation of an installation, publish a copy of the notice mentioned in sub-paragraph (3) in a newspaper circulating in the locality in which the installation is operated,

(b) serve a copy of that notice on every person mentioned in paragraph 3(1)(a) and on every person mentioned in paragraphs 3(1)(b) and (c) who has made representations to the Scottish Ministers.

(5) The Scottish Ministers may vary the date fixed for the holding of any hearing, and sub-paragraphs (3) and (4) shall apply to the variation of a date as they applied to the date originally fixed.

(6) The Scottish Ministers may also vary the time or place for the holding of a hearing and must give such notice of any such variation as appears to them to be reasonable.

(7) The persons entitled to be heard at a hearing are—

(a) the appellant,

(b) SEPA, and

(c) any person required under paragraph 3(1)(a) to be notified of the appeal.

(8) Nothing in sub-paragraph (7) prevents the appointed person from permitting any other persons to be heard at the hearing and such permission must not be unreasonably withheld.

(9) After the conclusion of a hearing, the appointed person must make a report to the Scottish Ministers in writing which must include the conclusions and recommendations of that person or the reasons for not making any recommendation.

(10) Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 M24 (which relates to the costs of and holding of local inquiries) apply to hearings held under this paragraph by an appointed person as they apply to inquiries held under that section, but with the substitution—

(a) in subsection (3) (notice of inquiry) for the reference to the person appointed to hold the inquiry of a reference to the appointed person,

(b) in subsection (4) (evidence) for the reference to the person appointed to hold the inquiry and, in paragraph (b), the reference to the person holding the inquiry of references to the appointed person,

(c) in subsection (6) (expenses of witnesses etc.) for the references to the Minister causing the inquiry to be held of a reference to the appointed person or the Scottish Ministers,

(d) in subsection (7) (expenses) for the references to the Minister of references to the appointed person or the Scottish Ministers,

(e) in subsection (7A) (recovery of entire administrative expense)—

(i) for the first reference to the Minister of a reference to the appointed person or the Scottish Ministers,

(ii) in paragraph (a), for the reference to the Minister of a reference to the Scottish Ministers, and

(iii) in paragraph (b), for the reference to the Minister holding the inquiry of a reference to the Scottish Ministers,

(f) in subsection (7B) (power to prescribe), in paragraphs (a) and (b) for the references to the person appointed to hold the inquiry of references to the appointed person, and

(g) in subsection (8) (certification of expenses) for the reference to the Minister, the reference to him and the reference to the Crown of references to the appointed person or the Scottish Ministers.

Marginal Citations

M24 1973 c.65; section 210 was amended by the Housing and Planning Act 1986 (c.63), Schedule 11, paragraph 39.

5.—(1) Where the appeal is to be disposed of on the basis of written representations, SEPA must submit any written representations to the Scottish Ministers not later than 28 days after receiving a copy of the documents mentioned in paragraph 1(2)(a) and (f). S

(2) The appellant must make any further representations by way of reply to any representations from SEPA no later than 17 days after the date of submission of those representations by it.

(3) Any representations made by the appellant or SEPA must bear the date on which they are submitted to the Scottish Ministers.

(4) When SEPA or the appellant submits any representations to the Scottish Ministers they must at the same time send a copy of them to the other party.

(5) The Scottish Ministers must send to the appellant and SEPA a copy of any representations made to them by the persons mentioned in paragraph 3(1) and must allow the appellant and SEPA a period of not less than 14 days in which to make representations on them.

(6) The Scottish Ministers may in a particular case—

(a) set later time limits than those mentioned in this paragraph,

(b) require exchanges of representations between the parties in addition to those mentioned in paragraphs (1) and (2).

6.—(1) The Scottish Ministers must— S

(a) give notice to the appellant of their determination of the appeal,

(b) provide the appellant with a copy of any report mentioned in paragraph 4(9), and

(c) advise the appellant of the right of appeal under regulation 58(5).

(2) The Scottish Ministers must at the same time send—

(a) a copy of the documents mentioned in sub-paragraph (1) to SEPA and to any persons required under paragraph 3(1)(a) to be notified of the appeal, and

(b) a copy of their determination of the appeal to any person mentioned in paragraph 3(1)(b) and (c) who made representations to the Scottish Ministers and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.

7.  Where a determination of the Scottish Ministers is quashed on appeal, the Scottish Ministers— S

(a) must send to the persons notified of their determination under paragraph 6, a statement of the matters with respect to which further representations are invited for the purposes of further consideration of the appeal,

(b) must afford to those persons the opportunity of making, within 28 days of the date of the statement, written representations in respect of those matters, and

(c) may, as they think fit, cause a hearing to be held or reopened and, if they do so, paragraphs 4(2) to (10) apply to the hearing or the reopened hearing as they apply to a hearing held under paragraph 4(1),

and paragraph 6 applies to the redetermination of the appeal as it applies to the determination of an appeal.

Regulation 64

SCHEDULE 9 S REGISTER

1.  Subject to regulations 65 or 66, the register contains— S

(a) all particulars of any application made to SEPA for a permit,

(b) all particulars of any notice to the applicant by SEPA under paragraph 7 of Schedule 4 or paragraph 3 of Schedule 7 and of any information furnished in response to such a notice,

(c) all particulars of any advertisement published pursuant to paragraph 8 of Schedule 4 or paragraph 4(8) of Schedule 7 and of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register,

(d) all particulars of any advertisement under paragraph 22 of Schedule 4 or paragraph 9 of Schedule 7, the information specified in paragraph 23 of Schedule 4 or paragraphs 7 or 10 of Schedule 7 and all particulars of any representations made by any person in response to such an advertisement, other than representations which the person who made them requested should not be placed in the register,

(e) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by SEPA that representations have been made which have been the subject of such a request (but such statement must not identify the person who made the representations in question),

(f) all particulars of any representations made by any person required to be given notice under paragraph 13 of Schedule 4 or paragraph 4(4)(c) of Schedule 7, and how they were taken into account in the decision

(g) all particulars of any permit granted by SEPA, and the reasons on which the decision is based,

(h) all particulars of any notification of SEPA given under regulation 45(1),

(i) all particulars of any application made to SEPA for the variation, transfer or surrender of a permit,

(j) all particulars of any variation, transfer or surrender of any permit granted by SEPA,

(k) all particulars of measures taken by the operator on surrender of a permit where the Part A activity involves the use, production or release of hazardous substances,

(l) all particulars of any revocation of a permit granted by SEPA,

(m) all particulars of a site visit report under regulation 54.

(n) all particulars of any enforcement notice or suspension notice or closure notice under the Landfill Regulations issued by SEPA,

(o) all particulars of any notice issued by SEPA withdrawing an enforcement notice or a suspension notice,

(p) all particulars of—

(i) any notice of appeal in respect of an appeal under regulation 58 against a decision by SEPA, or against a notice served by SEPA, and

(ii) the documents relating to the appeal mentioned in paragraph 1(2)(a), (d) and (e) of Schedule 8,

(q) all particulars of any representations made by any person in response to a notice given under paragraph 3(1) of Schedule 8, other than representations which the person who made them requested should not be placed in the register,

(r) in a case where any such representations are omitted from the register at the request of the person who made them, a statement by SEPA that representations have been made which have been the subject of such a request (but such statement must not identify the person who made the representations in question),

(s) all particulars of any written notification of the determination by the Scottish Ministers (or, as the case may be, the sheriff) of an appeal and any report accompanying any written notification,

(t) details of any conviction of any person for any offence under regulation 67(1) above or regulation 19(1) of the Landfill Regulations which relates to the operation of an installation or mobile plant under a permit granted by SEPA, or without such a permit in circumstances where one is required by regulation 11, including the name of the person, the date of conviction and, in the case of a conviction, the penalty imposed and the name of the Court,

(u) all particulars of any monitoring information relating to the operation of an installation or mobile plant under a permit granted by SEPA which has been obtained by it as a result of its own monitoring or furnished to it in writing by virtue of a condition of the permit or under regulation 63(2),

(v) in a case where any such monitoring information is omitted from the register by virtue of regulation 66, a statement by SEPA, based on the monitoring information from time to time obtained by or furnished to it, indicating whether or not there has been compliance with any relevant condition of the permit,

(w) all particulars of any other information furnished in compliance with a condition of the permit, a variation notice, enforcement notice or suspension notice, or regulation 63(2) or a closure notice under the Landfill Regulations,

(x) where a permit granted by SEPA authorises the carrying out a specified waste management activity, all particulars of any waste management licence (within the meaning of regulation 48(12)) which ceased to have effect on the granting of the permit in so far as they may be relevant for the purpose of determining under regulation 48 whether any pollution risk results from the carrying out of such an activity on the site covered by the permit,

(y) all particulars of any report published by SEPA relating to an assessment of the environmental consequences of the operation of an installation in the locality of premises where the installation is operated under a permit granted by it, and

(z) all particulars of any direction (other than a direction given for the purposes of section 20 of the 1990 Act and applied in respect of the register by virtue of regulation 64) given to SEPA under any provision of these Regulations,

(aa) a list which identifies all waste incineration installations which have a capacity of less than two tonnes per hour and which are the subject of a permit or an authorisation granted under section 6 of the 1990 Act containing conditions which give effect to the Chapter IV of the Industrial Emissions Directive,

(bb) all particulars of any conditioning plan or notification as referred to in paragraph 1(3)(b) or 5(3)(a) of Schedule 5 to the Landfill Regulations,

(cc) all particulars of any notice requiring a landfill to close (in whole or in part) issued under paragraph 1(3) of Schedule 5 to the Landfill Regulations,

(dd) all particulars of any notification or report required before definitive closure of a landfill under regulation 17(4) of the Landfill Regulations.

2.  Where an application is withdrawn by the applicant at any time before it is determined, all particulars relating to that application which are already in the register must be removed from the register not less than two months and not more than three months after the date of withdrawal of the application, and no further particulars relating to that application may be entered in the register. S

3.  Where, following an amendment of Schedule 1 or 2, these Regulations cease to apply to an installation or mobile plant, all particulars relating to units of that description must be removed from the register not less than two months and not more than three months after the date on which the amendment comes into force. S

4.  Nothing in paragraph 1 requires SEPA to keep in the register— S

(a) monitoring information relating to a particular installation or mobile plant four years after that information was entered in the register, or

(b) information relating to a particular installation or mobile plant which has been superseded by later information relating to that installation or mobile plant four years after that later information was entered in the register,

but this paragraph does not apply to any aggregated monitoring data relating to overall emissions of any substance or class of substance from installations or mobile plant generally, or from any class of installation or mobile plant.

[F89 5.   Nothing in paragraph 1 requires SEPA to keep in the register information— S

(a) which relates to a Part B installation at which the only activity carried out is the activity described in paragraph (d) of Part B of Section 1.1 of schedule 1, and

(b) which is kept in a separate register of medium combustion plants maintained—

(i) by another authority in the United Kingdom, or

(ii) jointly by SEPA and another authority in the United Kingdom.

Textual Amendments

F89 Sch. 9 paras. 5-7 inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 15

6.   SEPA must make available on or via its website the particulars described in paragraph 1(a), (g), (h) and (j) which relate to a medium combustion plant.

Textual Amendments

F89 Sch. 9 paras. 5-7 inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 15

7.   If a member of the public requests access to the information, SEPA must require the operator of a medium combustion plants to provide the information the operator is required to keep by paragraph 6(d)(ii) to (v) of schedule 1B.] S

Textual Amendments

F89 Sch. 9 paras. 5-7 inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 15

Regulation 72

SCHEDULE 10 S SAVINGS AND TRANSITIONAL PROVISIONS

PART 1 S General

Interpretation S

1.—(1) In this Schedule—

“enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act,

“existing permit” means—

(a)

a permit granted under the 2000 Regulations on or before 6th January 2013 (other than a permit revoked by paragraph 2), and

(b)

a permit where—

(i)

a duly made application for the permit is received by SEPA on or before 6th January 2013, and

(ii)

the permit is granted in the period beginning on 7th January 2013 and ending on 6th January 2014.

(2) In the event of any inconsistency between a condition specified in any paragraph of Part 3 of this Schedule and any other condition of a permit the specified condition shall prevail to the extent of that inconsistency.

Permits in respect of odorising natural gas or liquefied petroleum gas S

2.  A permit for an activity falling within paragraph (a) of Part B of Section 1.2 of Part 1 of Schedule 1 to the 2000 Regulations is revoked on the date of coming into force of these Regulations.

Permits granted, or applied for, on or before 6th January 2013 S

3.—(1) This paragraph applies to an existing permit for—

(a) a Part A installation,

(b) a Part B installation, or

(c) any Part B mobile plant.

(2) The 2000 Regulations continue to have effect notwithstanding their revocation in relation to an existing permit—

(a) in the period beginning on 7th January 2013 and ending on 6th January 2014, and

(b) in respect of any application, notice, investigation or legal proceedings made or begun [F90 before] that period and not determined or concluded by 7th January 2014 (including for that purpose any penalty, punishment or other sanction that may be imposed in respect of a failure to comply with a requirement of the 2000 Regulations in that period).

(3) An existing permit for a Part A installation is to be treated as suspended under these Regulations from 7th January 2014 if the installation has not been put into operation on or before 6th January 2014.

(4) Any enactment or direction modified, repealed or revoked by these Regulations is to be read as if not so modified, repealed or revoked to the extent necessary to give effect to this paragraph.

(5) An existing permit is treated as a permit granted under the 2000 Regulations for the purposes of this paragraph notwithstanding that it may be deemed by virtue of any other enactment to be a permit granted under these Regulations for any other purpose.

(6) In this paragraph, “suspended” means that a permit ceases to have effect to authorise the operation of an installation, or the carrying out of an activity in an installation, until—

(a) the permit is varied under regulation 46, or

(b) SEPA gives notice to the operator that the permit is no longer suspended.

Textual Amendments

F90 Word in Sch. 10 para. 3(2)(b) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(a)

Activities not requiring a permit, or requiring an environmental licence S

4.—(1) This paragraph applies to an existing permit where the permit relates to activity that is not described in any Part A of Part 1 of Schedule 1 or in Schedule 2 to these Regulations (a “legacy permit”).

(2) An operator holding a legacy permit is deemed to have applied on 7th January 2013 for any environmental licence that would otherwise be required for the activity described in the permit.

(3) No fee or charge is payable by the operator to SEPA under any enactment or scheme in respect of such a deemed application.

(4) A legacy permit is, so far as not revoked, to be treated as being revoked on 7th January 2014.

(5) In this paragraph, “environmental licence” means a permit, licence or authorisation under any of—

(a) these Regulations,

(b) the 1990 Act,

(c) the Water Environment (Controlled Activities) (Scotland) Regulations 2011 M25 , or

(d) the Waste Management Licensing (Scotland) Regulations 2011 M26 .

Marginal Citations

M25 S.S.I. 2011/209.

M26 S.S.I. 2011/228, as amended by S.S.I. 2012/148.

2015 installations S

5.—(1) Regulation 11 applies to a 2015 installation—

(a) from 7th July 2015, or

(b) where an application for the purposes of paragraph (2) is not determined on or before that date, from the date the application is determined.

(2) An application for a permit to operate a 2015 installation must be received by SEPA in the period specified in sub-paragraph (3).

(3) The specified period for an activity described in Table 1 is—

(a) for row 12, the period beginning on 7th January 2014 and ending on 7th April 2014,

(b) for rows 3 to 8, the period beginning on 7th March 2014 and ending on 7th June 2014,

(c) for row 11, the period beginning on 7th May 2014 and ending on 7th August 2014, and

(d) for rows 1, 2, 9 and 10, the period beginning on 7th July 2014 and ending on 7th October 2014.

(4) An application received by SEPA for a permit for a 2015 installation before the applicable specified period—

(a) is deemed to have been received in that period, and

(b) no other period of time provided for in respect of any such application under these Regulations begins to elapse until the start of that period.

(5) In this paragraph, a reference to an application for a permit includes an application for a variation of a permit for an installation in respect of any other activity.

(6) In this paragraph, “2015 installation” means an installation at which an activity described in column 1 of Table 1 is carried out on or before 6th January 2013, but does not include an installation at which such an activity is carried out if—

(a) the activity is a Part A activity for the purposes of the 2000 Regulations, and

(b) a permit has been granted under those Regulations in respect of the activity.

(7) Where an activity falls within a description in more than one row of Table 1 it is to be regarded as falling only within the description that is most apt to describe the activity.

Table 1

Activity as described in Part 1 of Schedule 1
1. Section 1.2, Part A, paragraph [F91 (d)]
2. Sections 4.1 to 4.6
3. Section 5.1
4. Section 5.3, Part A
5. Section 5.4, Part A, paragraph (a)(iii) to (v)
6. Section 5.4, Part A, paragraph (b)
7. Section 5.6, Part A, paragraph (a)
8. Section 5.6, Part A, paragraph (b)
9. Section 5.7, Part A
10. Section 6.1, Part A, paragraph (c)
11. Section 6.6, Part A
12. Section 6.8, Part A, paragraph (d)(ii) and (iii)

Textual Amendments

F91 Word in Sch. 10 para. 5 Table 1 substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(b)

Directions by the Scottish Ministers S

6.  A direction made by the Scottish Ministers under regulations 9(2) and 23 of the 2000 Regulations having effect on 6th January 2013 ceases to have effect on 7th January 2013.

PART 2 S Specific installations and activities

Landfill S

7.—(1) Where a landfill falls within paragraph (a) of Part A of Section 5.2 of Part 1 of Schedule 1, and a waste management licence was granted for its operation in the period beginning on 16th July [F92 2001] and ending on 10 April 2003, the licence has effect from 11th April 2003 as if it were a landfill permit.

(2) In this paragraph, “landfill permit” means a permit required under these Regulations for the carrying out of the disposal of waste in a landfill.

Textual Amendments

F92 Word in Sch. 10 para. 7(1) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(c)

Solvent emission activities: risk phrases and hazard statements S

8.—(1) This paragraph applies where, on 1st June 2015, a permit refers to a substance that is a volatile organic compound or a halogenated volatile organic compound that is assigned or needs to carry a risk phrase M27 .

(2) A reference in a permit to a risk phase described in column 1 of Table 2 is to be read as a reference to the hazard statement in the corresponding entry in column 2 of the Table.

Table 2

Risk phrase	Hazard statement
R40	H341
R45	H340
R46	H350
R49	H350i
R60	H360D
R61	H360F
R68	H351

(3) In this paragraph, “permit” includes an authorisation under section 6 of the 1990 Act.

Marginal Citations

M27 See Regulation (EC) No 1272/2008 as defined in regulation 2(1) for the meaning of ‘hazard statements’ and ‘risk phrases’.

Solvent installations: first use of risk phrase or hazard statement substances S

9.—(1) The operator of a solvents installation who proposes to begin using—

(a) in the period to 31st May 2015, a risk phrase or hazard statement substance or mixture, or

(b) in the period from 1st June 2015, to a hazard statement substance or mixture,

must make an application for variation under regulation 46, and may not begin using the substance or mixture until after the determination date.

(2) The operator of a solvents installation must make an application for variation under regulation 46 within the period of four months beginning—

(a) in the period to 31st May 2015, on the date on which a risk phrase or hazard statement, or

(b) in the period from 1st June 2015, on the date a hazard statement,

is assigned to a substance or mixture used in the installation.

(3) Where an operator fails to comply with a requirement under this paragraph SEPA must serve a notice on the operator requiring compliance, and specifying the period for doing so.

(4) A notice under sub-paragraph (3) is deemed to be an enforcement notice under regulation 55.

(5) In this paragraph, “determination date” means the date on which the permit is varied.

Refuelling activities S

10.—(1) Regulation 11 applies, in respect of an installation at which an activity described in paragraph (c) of Part B of Section 1.2 of Part 1 of Schedule 1 is carried out, as specified in sub-paragraphs (2) and (3).

(2) It applies from the date of coming into force of these Regulations in respect of an existing service station with a throughput in any 12 month period of more than 3500 m�.

(3) It applies in the period beginning on 31st December 2018 in respect of an existing service station with a throughput in any such period of more than 3000 m�.

(4) In this paragraph, “existing service station” has the same meaning as in Section 1.2 of Part 1 of Schedule 1.

PART 3 S Permit conditions

Permit condition: incidents, accidents, and breach of conditions S

11.—(1) A permit for a Part A installation [F93 or a solvents installation] includes the condition specified in sub-paragraph (2).

(2) The specified condition is that the operator of an installation or any mobile plant must in the event—

(a) that operation gives rise to an incident or accident that significantly affects the environment, immediately take such measures as are needed to—

(i) limit the environmental consequences of the incident [F94 or accident], and

(ii) prevent further possible incidents and accidents of the same type or from the same cause,

(b) of a breach of a permit condition, immediately take such measures as are needed to ensure compliance with the permit within the shortest possible time,

(c) of a breach of a permit condition that poses an immediate danger to human health, or threatens to cause an immediate significant adverse effect on the environment, immediately suspend operation until such time as the installation or mobile plant can be operated in compliance with the permit.

(3) This paragraph applies in the period from 7th January 2014 until the date that SEPA next varies a condition of the permit so as to [F95 include either the condition specified in sub-paragraph (2) or a condition having equivalent effect].

Textual Amendments

F93 Words in Sch. 10 para. 11(1) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(d)(i)

F94 Words in Sch. 10 para. 11(2)(a)(i) inserted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(d)(ii)

F95 Words in Sch. 10 para. 11(3) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(27)(a); 2020 c. 1, Sch. 5 para. 1(1)

Permit condition: monitoring of Part A installations S

12.—(1) A permit for a Part A installation includes the condition specified in sub-paragraph (2).

(2) The specified condition is that the operator of a Part A installation must—

(a) supply SEPA regularly, and at least annually, with such results of emissions monitoring or monitoring of equivalent parameters as are needed to enable SEPA to verify compliance with the permit conditions,

(b) give SEPA the first report required under sub-paragraph (a) no later than 31st January 2014.

(3) This paragraph applies in the period from 7th January 2014 until the date that SEPA next varies a condition of the permit so as to give effect to [F96 regulation 23(2)(g) (schedule 1 conditions: general provisions)].

Textual Amendments

F96 Words in Sch. 10 para. 12(3) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(27)(b); 2020 c. 1, Sch. 5 para. 1(1)

Permit condition: large combustion plants S

13.—(1) This paragraph applies to an installation [F97 which is a Chapter III combustion plant].

(2) An existing permit for such an installation includes the conditions specified in sub-paragraphs [F98 (3) and (4)].

(3) The first specified condition is that in the event of malfunction or breakdown of abatement equipment the operator—

(a) must, if a return to normal operation is not achieved within 24 hours, reduce or close down operations or use low-polluting fuels, or take such other steps as SEPA requires, and

(b) must ensure that the cumulative duration of unabated operation in any 12 month period does not, unless agreed in advance by SEPA, exceed 120 hours.

(4) The second specified condition is that the values of the 95% confidence intervals of single measured results must not exceed the following percentages of the emission limit values—

(a) 10% for carbon monoxide,

(b) 20 % for sulphur dioxide,

(c) 20% for nitrogen oxides, and

(d) 30% for dust,

where the validated hourly and daily average values are determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified above, and providing that any day in which three or more hourly average values are invalid due to malfunction or maintenance of the continuous measurement system shall be invalidated.

(5) This paragraph applies in the period from 7th January 2013 until the date that SEPA next varies a condition of the permit so as to give effect—

(a) in the case of sub-paragraph (3), to Article 37 of the Industrial Emissions Directive [F99 as read with regulation 26 (schedule 1 conditions: large combustion plants)], and

(b) in the case of sub-paragraph (4), to paragraph 9 of Part 3 of Annex V to that Directive.

Textual Amendments

F97 Words in Sch. 10 para. 13(1) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(27)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F98 Words in Sch. 10 para. 13(2) substituted (30.10.2014) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 (S.S.I. 2014/267), regs. 1(1), 14(e)

F99 Words in Sch. 10 para. 13(5)(a) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(27)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

PART 4 S Fees and charges

14.—(1) A reference in these Regulations to payment of a prescribed fee is, in so far as a fee is prescribed for an equivalent matter in the 2012 Scheme, to be read as a reference to payment of the fee prescribed in the 2012 Scheme. S

(2) Sub-paragraph (1) does not apply after the 2012 Scheme is revoked.

(3) Where sub-paragraph (1) does not apply (whether by virtue of sub-paragraph (2) or otherwise), and the 2012 Scheme—

(a) provides for the payment of a fee for an equivalent matter, a reference in the 2012 Scheme to the 2000 Regulations (or any part) is to be read as a reference to these Regulations (or any part), or

(b) does not provide for payment of such a fee, the fee to be charged by SEPA for any matter in or under these Regulations is the fee applicable to a Part A installation.

(4) For the purposes of sub-paragraph (3)(b), SEPA must apply—

(a) an application charge unit of 1, and

(b) a subsistence charge unit of 3.

(5) In this paragraph—

“2012 Scheme” means the Pollution Prevention and Control (Parts A and B) Fees and Charges (Scotland) Scheme 2012 M28 ,

“application charge unit” has the same meaning as in the 2012 Scheme,

“equivalent matter” means, as the case may be, a matter in the 2000 Regulations equivalent to a matter provided for in or under these Regulations, or a matter in these regulations equivalent to a matter provided for in or under the 2000 Regulations,

“fee” includes charge,

“Part A installation” means a Part A installation as referred to in the 2012 Scheme.

“subsistence charge unit” has the same meaning as in the 2012 Scheme.

Marginal Citations

M28 Made by SEPA on 31 March 2012 in exercise of the powers conferred on them by section 41 of the Environment Act 1995 (c.25). A copy of the charging scheme is published on the SEPA web site at:

http://www.sepa.org.uk/about_us/charging_schemes/current_charging_schemes.aspx.

[F100 Part 5 S Medium Combustion Plant

Textual Amendments

F100 Sch. 10 Pt. 5 inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), regs. 1(1), 16

15.— (1) Regulation 11 applies to a new medium combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than or equal to 20 megawatts on and after 20th December 2018. S

(2) Regulation 11 applies to existing medium combustion plant on and after—

(a) 1st January 2024, where the rated thermal input of the plant is greater than 5 megawatts,

(b) 1st January 2029, where the rated thermal input of the plant is less than or equal to 5 megawatts.

(3) Paragraph 1(1) of schedule 1B applies to an existing medium combustion plant from 1st January 2025.

(4) Paragraph 1(2) of schedule 1B applies to an existing medium combustion plant from 1st January 2030.

(5) An application for a permit to operate an existing medium combustion plant must be received by SEPA by—

(a) 30th June 2023, where the rated thermal input of the plant is greater than 5 megawatts and less than or equal to 20 megawatts,

(b) 30th June 2028, where the rated thermal input of the plant is less than or equal to 5 megawatts.

(6) Paragraph 1(1) and (2) of schedule 1B applies to an existing medium combustion plant which is part of a small isolated system or a micro isolated system on and after 1st January 2030.

(7) In this paragraph “small isolated system” and “micro isolated system” have the same meaning as in paragraph 10 of schedule 1B.]

Regulation 73

SCHEDULE 11 S CONSEQUENTIAL MODIFICATIONS

PART 1 S PUBLIC GENERAL ACTS

The Environmental Protection Act 1990 S

1.—(1) The 1990 Act is amended in accordance with sub-paragraphs (2) to (5).

(2) In section 6 (authorisations: general provisions), for subsections (6A) and (6B) substitute—

“(6A) Subsection (6) does not require a review of the conditions of an authorisation to be carried out if the prescribed process covered by the authorisation is—

(a) a Part A activity,

(b) a Part B activity,

(c) a solvent emission activity, or

(d) carried out using mobile plant.

(6B) In subsection (6A), “Part A activity”, “Part B activity”, “solvent emission activity” and “mobile plant” have the meanings given in the Pollution Prevention and Control (Scotland) Regulations 2012.”.

(3) In section 34(1) (duty of care etc. as respects waste), for paragraph (aa) substitute—

“(aa) to prevent a contravention by any other person of regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012, or of a condition of a permit granted under those Regulations;”.

(4) In section 35(11A)(waste management licences: general), for “license” substitute “ licence ”.

(5) In section 78YB (2C) (interaction of this Part with other enactments), for the definition of “enforcement action” substitute—

““enforcement action” means action under regulation 55 (SEPA: enforcement notices) or regulation 57(2) (SEPA: power to prevent or remedy pollution) of the Pollution Prevention and Control (Scotland) Regulations 2012.”.

The Environment Act 1995 S

2.—(1) The 1995 Act is amended in accordance with sub-paragraph (2).

(2) In Schedule 20 (delegation of appellate functions of the Secretary of State), for paragraph 4(3)(d) substitute—

“(d) regulation 66 of the Pollution Prevention and Control (Scotland) Regulations 2012, or”.

The Antisocial Behaviour etc. (Scotland) Act 2004 S

3.—(1) The Antisocial Behaviour etc. (Scotland) Act 2004 M29 is amended in accordance with sub-paragraph (2).

(2) In Schedule 2, omit paragraph 7 (the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000323)).

Marginal Citations

M29 2004 asp 8.

PART 2 S SUBORDINATE LEGISLATION

The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 S

4.—(1) The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M30 are amended in accordance with sub-paragraph (2).

(2) For regulation 3A (exclusion of prescribed processes under control of the Pollution Prevention and Control (Scotland) Regulations 2000) substitute—

“3A.   Exclusion of prescribed processes under control of the Pollution Prevention and Control (Scotland) Regulations 2012

(1) Where a process which is being carried on under an authorisation requires a permit under the Pollution Prevention and Control (Scotland) Regulations 2012, that process will no longer be taken to fall within a description in Schedule 1 from the date the permit is granted.

(2) Where a process which is not being carried on under an authorisation requires a permit under those Regulations, that process will not be taken to fall within a description in Schedule 1 from the date on which the permit is required.”.

Marginal Citations

M30 S..I 1991/472, as relevantly amended by S.I. 1993/1749 and 2405, 1995/2678 and 3247, and 1998/767, and by S.S.I. 2000/323, 2004/26 and 512, 2005/410 and 2011/418.

The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 S

5.—(1) The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 M31 are amended in accordance with sub-paragraph (2).

(2) In Schedule 1 (prescribed offences: relevant enactments), for “The Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ The Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M31 S.I. 1991/1624.

The Environmental Protection (Duty of Care) Regulations 1991 S

6.—(1) The Environmental Protection (Duty of Care) Regulations 1991 M32 are amended in accordance with sub-paragraph (2).

(2) In the Table in regulation 2 (transfer notes), in the third entry in column 1, for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M32 S.I. 1991/2839.

The Conservation (Natural Habitats, &c.) Regulations 1994 S

7.—(1) The Conservation (Natural Habitats, &c.) Regulations 1994 M33 are amended in accordance with sub-paragraph (2).

(2) In the cross heading to regulation 84A (permits under the Pollution Prevention and Control (Scotland Regulations 2000) and in paragraph (1) of that regulation, for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M33 S.I. 1994/2716, as relevantly amended by paragraph 15 of schedule 2 to the Land Reform (Scotland) Act 2003 (asp 2) (“the 2003 Act”), by S.I. 1997/3055, 2007/1843 and 2010/490, and by S.S.I. 2004/475, 2007/80, 2011/155 and 2012/228.

The Special Waste Regulations 1996 S

8.—(1) The Special Waste Regulations 1996 M34 are amended in accordance with sub-paragraph (2).

(2) In regulations 15(6A) (registers) and 17(2) (restrictions on mixing special waste), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M34 S.I. 1996/972, as relevantly amended by S.I. 1997/2019 and S.S.I. 2000/323, 2004/112, 2011/226 and 228.

The Landfill Tax Regulations 1996 S

9.—(1) The Landfill Tax Regulations 1996 M35 are amended in accordance with sub-paragraph (2).

(2) In regulation 33 (bodies eligible for approval), for paragraph (4)(h) to (j), substitute—

“(h) an enforcement notice served under regulation 55 of the Pollution Prevention and Control (Scotland) Regulations 2012;

(i) a suspension notice given under regulation 56 of those Regulations;

(j) an order under regulation 70 of those Regulations.”.

Marginal Citations

M35 S.I. 1996/1527, as last amended by S.I. 2012/885.

The Contaminated Land (Scotland) Regulations 2000 S

10.—(1) The Contaminated Land (Scotland) Regulations 2000 M36 are amended in accordance with sub-paragraph (2).

(2) In regulation 2 (land required to be designated as a special site)—

(a) in paragraph (1)(da) omit “or by means of Part A mobile plant”, and

(b) for paragraph (3A) substitute—

“(3A) In paragraph (1)(da) above, “Part A installation” and “permit” have the same meanings as in the Pollution Prevention and Control (Scotland) Regulations 2012.”.

Marginal Citations

M36 S.S.I. 2000/178, as amended by S.S.I. 2000/323, 2005/658 and 2007/178.

The Landfill (Scotland) Regulations 2003 S

11.—(1) The Landfill (Scotland) Regulations 2003 M37 are amended in accordance with sub-paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “the 2000 Regulations” substitute “ “the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012; ”, and

(b) in the definitions of “landfill permit” and “operator”, for “the 2000 Regulations” substitute “ the 2012 Regulations ”.

(3) In regulation 10(2)(b) (conditions to be included in landfill permits) and in regulation 13(b) (costs of disposal of waste in landfill), for “regulation 4(3)(b) of the 2000 Regulations” substitute “ regulation 18(4)(b) of the 2012 Regulations ”.

(4) In regulation 10(3)(b)(ii), for “the 2000 Regulations” substitute “ the 2012 Regulations ”.

(5) In regulation 17(6) (closure and after care procedures for landfills), for “regulations 15 to 17 of the 2000 Regulations” substitute “ regulations 48 and 50 of the 2012 Regulations ”.

Marginal Citations

M37 S.S.I. 2003/235, as amended by paragraph 8 of schedule 2 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and by S.S.I. 2003/343, 2009/247, 2010/60, 2011/226 and 2012/148.

The Greenhouse Gas Emissions Trading Scheme Regulations 2005 S

12.—(1) The Greenhouse Gas Emissions Trading Scheme Regulations 2005 M38 are amended in accordance with sub-paragraph (2).

(2) In regulation 8(3)(b)(ii) (applications for greenhouse gas emissions permits), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M38 S.I. 2005/925, as relevantly amended by S.I. 2005/2903, 2006/737, 2007/465, 3433 and 3538, 2010/675, 1513 and 1996 and 2011/1506 and 2911.

The Water Environment (Oil Storage) (Scotland) Regulations 2006 S

13.—(1) The Water Environment (Oil Storage) (Scotland) Regulations 2006 M39 are amended in accordance with sub-paragraph (2).

(2) In regulation 6(1)(c)(ii) (storage of oil – general), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M39 S.S.I. 2006/133.

The Waste Electrical and Electronic Equipment Regulations 2006 S

14.—(1) The Waste Electrical and Electronic Equipment Regulations 2006 M40 are amended in accordance with sub-paragraph (2).

(2) In regulation 2(1) (interpretation), in the definition of “relevant authorisation”, for “regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M40 S.I. 2006/3289, as last amended in respect of Scotland alone by S.S.I. 2011/226.

The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 S

F101 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 11 para. 15 omitted (temp. until 31.10.2020) (31.12.2015) by virtue of The Large Combustion Plants (Transitional National Plan) Regulations 2015 (S.I. 2015/1973), reg. 1(2), Sch. 2 para. 2(3)

The Persistent Organic Pollutants Regulations 2007 S

16.—(1) The Persistent Organic Pollutants Regulations 2007 M41 are amended in accordance with sub-paragraph (2).

(2) In regulation 4(1)(b) (duties on the Member State), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M41 S.I. 2007/3106.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 S

17.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 M42 are amended in accordance with sub-paragraph (2).

(2) In regulation 2(2) (interpretation and notices), in paragraph (a) of the definition of “relevant authorisation”, for “regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ under the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M42 S.I. 2007/871.

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 S

18.—(1) The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 M43 are amended in accordance with sub-paragraph (2).

(2) In Schedule 4, Part 2 (secondary legislation), for “The Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ The Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M43 S.S.I. 2008/100.

The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 S

19.—(1) The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008 M44 are amended in accordance with sub-paragraph (2).

(2) In Schedule 3, Part 2 (secondary legislation), for “The Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ The Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M44 S.S.I. 2008/159.

The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 S

20.—(1) The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 M45 are amended in accordance with sub-paragraph (2).

(2) In regulation 8(d) (exclusions from storage capacity), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M45 S.S.I. 2008/298, as relevantly amended by S.S.I. 2009/447 and 2011/228.

The Waste Batteries and Accumulators Regulations 2009 S

21.—(1) The Waste Batteries and Accumulators Regulations 2009 M46 are amended in accordance with sub-paragraph (2).

(2) In Schedule 4, paragraph 12(2)(c) (approval of battery treatment operators and exporters: general conditions of approval), for “regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ regulation 11 of the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M46 S.I. 2009/890.

The Corporation Tax (Land Remediation Relief) Order 2009 S

22.—(1) The Corporation Tax (Land Remediation Relief) Order 2009 M47 is amended in accordance with sub-paragraph (2).

(2) For article 4(2)(b)(ii) (relevant contaminated land remediation: specified activity) substitute—

“(ii) the Pollution Prevention and Control (Scotland) Regulations 2012,”.

Marginal Citations

M47 S.I. 2009/2037.

The Mercury Export and Data (Enforcement) Regulations 2010 S

23.—(1) The Mercury Export and Data (Enforcement) Regulations 2010 M48 are amended in accordance with sub-paragraph (2).

(2) In regulation 5(4)(b)(ii) (offences in respect of the EU Regulation), for “regulation 30 of the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ regulation 67 of the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M48 S.I. 2010/265.

The Waste Management Licensing (Scotland) Regulations 2011 S

24.—(1) The Waste Management Licensing (Scotland) Regulations 2011 M49 are amended in accordance with sub-paragraphs (2) to (9).

(2) In regulation 2(1) (interpretation), omit the definition of “the 2000 Regulations” and insert after the definition of “ the 2011 Regulations ”

““the 2012 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012;”.

(3) For regulation 3(h) (relevant offences) substitute—

“(h) regulation 67(1) of the 2012 Regulations;”.

(4) In regulation 16 (exclusion of activities under other control regimes from waste management licensing)—

(a) in paragraph (1)(c) to (e), for the “2000 Regulations” substitute “ the 2012 Regulations ”, and

(b) for paragraph (3) substitute—

“(3) In paragraph (1)(c), “Part A installation” has the meaning given by regulation 12 of the 2012 Regulations.”.

(5) In regulation 21(3)(b) (register of exempt activities: registration of information), for “the 2000 Regulations” substitute “ the 2012 Regulations ”.

(6) In regulation 30(2)(c) (registration of brokers and dealers), for “the 2000 Regulations” substitute “ the 2012 Regulations ”.

(7) In Schedule 1 (activities exempt from waste management licensing)—

(a) for paragraph 5(1), substitute—

“(1) Burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.”,

(b) in paragraph 9(2), for “regulation 7 of the 2000 Regulations” substitute “ regulation 11 of the 2012 Regulations ”, and

(c) for paragraph 29(1) substitute—

“(1) The disposal of waste as specified in sub-paragraph (1A) at the place where it is produced, by the person producing it, by burning it in an incinerator.

(1A) The specified disposal is the burning of biomass waste or animal carcasses to the extent that doing so is, or forms part of, an activity falling within paragraphs (a) or (b) of Part B of Section 5.1 of Part 1 of Schedule 1 to the 2012 Regulations.

(1B) A disposal under sub-paragraph (1) must, where the activity is authorised under the 1991 Regulations, be in an exempt incinerator for the purposes of Section 5.1 (incineration) of Schedule 1 to those Regulations.”.

(8) In Schedule 1, paragraphs 1(1), 2(1), 3(a) and (d), 24(1), 44(3) and (4) and 45(2)(a) (activities exempt from waste management licensing), for “the 2000 Regulations” substitute “ the 2012 Regulations ”.

(9) In Schedule 4 (Waste Framework Directive)—

(a) in paragraph (1), in paragraph (d) of the definition of “permit” for “the 2000 Regulations” substitute “ the 2012 Regulations ”,

(b) in paragraph 5(1), in the eighth entry in right hand column (specified functions) of Table 23 for “the 2000 Regulations” substitute “ the 2012 Regulations ”,

(c) in paragraph 7(3)(a), for “the 2000 Regulations” substitute “ the 2012 Regulations ”, and

(d) for paragraph 7(4) substitute—

“(4) In sub-paragraph (3), “Part B installation” has the meaning given by regulation 12 (permits: interpretation) of the 2012 Regulations”.

Marginal Citations

M49 S.S.I. 2011/228, as amended by S.S.I. 2012/148.

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 S

25.—(1) The Water Environment (Controlled Activities) (Scotland) Regulations 2011 M50 are amended in accordance with sub-paragraph (2).

(2) In Schedule 10, Part 2, paragraph 18(c)(iii), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M50 S.S.I. 2011/209.

The Renewable Heat Incentive Scheme Regulations 2011 S

26.—(1) The Renewable Heat Incentive Scheme Regulations 2011 M51 are amended in accordance with sub-paragraph (2).

(2) In Schedule 1, paragraph 1(2)(m) (information required for accreditation and registration), for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M51 S.I. 2011/2860.

The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 S

27.—(1) The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 M52 are amended in accordance with sub-paragraphs (2) and (3).

(2) For regulation 3(4)(b) (scope) substitute—

“(b) Part 1 of Schedule 2 (solvent emission activities) to the Pollution Prevention and Control (Scotland) Regulations 2012 if it is operated above the solvent consumption threshold specified for that activity as set out in that Part; and”.

(3) In regulation 6(1)(b)(ii) (enforcement) for “the Pollution Prevention and Control (Scotland) Regulations 2000” substitute “ the Pollution Prevention and Control (Scotland) Regulations 2012 ”.

Marginal Citations

M52 S.I. 2012/1715.

Regulation 74

SCHEDULE 12 S REVOCATIONS

The enactments listed in column 1 of the Table are revoked to the extent specified in column 3.

Legislation	Reference	Extent of revocation
1. The Pollution Prevention and Control (Scotland) Regulations 2000	S.S.I. 2000/323 M53	The whole instrument
2. The Large Combustion Plants (Scotland) Regulations 2002	S.S.I. 2002/493	The whole instrument
3. The Pollution Prevention and Control (Scotland) Amendment Regulations 2003	S.S.I. 2003/146	The whole instrument
4. The Waste Incineration (Scotland) Regulations 2003	S.S.I. 2003/170 M54	The whole instrument
5. The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2003	S.S.I. 2003/221	The whole instrument
6. The Landfill (Scotland) Regulations 2003	S.S.I. 2003/235 M55	Regulation 8, Schedule 5, paragraphs 1, 2(1) and (3), 3(1) and (2) and 4 Schedule 6, paragraph 3
7. The Solvent Emissions (Scotland) Regulations 2004	S.S.I. 2004/26 M56	The whole instrument
8. The Pollution Prevention and Control (Scotland) Amendment Regulations 2004	S.S.I. 2004/110	The whole instrument
9. The Special Waste Amendment (Scotland) Regulations 2004	S.S.I. 2004/112	Regulation 3
10. The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2004	S.S.I. 2004/512	Regulation 4
11. The Pollution Prevention and Control (Scotland) Amendment Regulations 2005	S.S.I. 2005/101	The whole instrument
12. The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005	S.S.I. 2005/340	The whole instrument
13. The Pollution Prevention and Control (Public Participation etc.) (Scotland) Regulations 2005	S.S.I. 2005/510	The whole instrument
14. The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007	S.I. 2007/2325 M57	Schedule 2, paragraph 2
15. The Pollution Prevention and Control (Scotland) Amendment Regulations 2008	S.S.I. 2008/410	The whole instrument
16. The Waste Batteries (Scotland) Regulations 2009	S.S.I. 2009/247 M58	Regulation 6
17. The Pollution Prevention and Control (Scotland) Amendment Regulations 2009	S.S.I. 2009/336	The whole instrument
18. The Solvent Emissions (Scotland) Regulations 2010	S.S.I. 2010/236	The whole instrument
19. The Animal By-products (Enforcement) (Scotland) Regulations 2011	S.S.I. 2011/171	Schedule 2, paragraphs 13 and 14
20. The Waste (Scotland) Regulations 2011	S.S.I. 2011/226	Regulation 7, and Schedule paragraphs 5 to 9
21. The Pollution Prevention and Control (Scotland) Amendment Regulations 2011	S.S.I. 2011/285	The whole instrument
22. The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011	S.S.I. 2011/418	Regulation 4
23. The Waste (Scotland) Regulations 2012	S.S.I. 2012/148	Regulation 3

Marginal Citations

M53 S.S.I. 2000/323, as amended by paragraph 7 of Part 2 of schedule 1 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), by S.I. 2007/2325, and by S.S.I. 2002/493, 2003/146, 170, 221 and 235, 2004/26, 110, 112 and 512, 2005/101, 340 and 510, 2006/127, 2008/410, 2009/247 and 336, 2010/236 and 2011/171, 226, 285 and 418, and 2012/148.

M54 S.S.I. 2003/170, as amended by S.S.I. 2011/228.

M55 S.S.I. 2003/235, as amended by paragraph 8 of schedule 2 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and by S.S.I. 2003/343, 2009/247, 2010/60, 2011/226 and 2012/148.

M56 S.S.I. 2004/26, as amended by S.S.I 2010/236.

M57 S.I. 2007/2325, as amended by S.I. 2007/3476 and 3538 and 2010/675.

M58 S.S.I. 2009/247, as amended by S.I. 2011/226.