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The Pollution Prevention and Control (Scotland) Regulations 2012

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Pollution Prevention and Control (Scotland) Regulations 2012 ISBN 978-0-11-101851-4

  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation: general

    3. 3.Interpretation: enactments etc.

    4. 4.Interpretation: best available techniques, etc.

    5. 5.SEPA: duties relating to best available techniques

    6. 6.SEPA: application forms

    7. 7.SEPA: information relating to right of appeal

    8. 8.The Scottish Minsters and SEPA: service of notices

    9. 9.Electronic communications

  3. PART II COMPETENT AUTHORITY

    1. 10.SEPA: designation as competent authority

  4. PART III GRANTING OF PERMITS

    1. CHAPTER 1 General

      1. 11.Permits: requirement for a permit

      2. 12.Permits: interpretation

      3. 13.Permits: application for a permit

      4. 14.Permits: authorised operations

      5. 15.Permits: powers to include conditions

      6. 16.Permits: consolidation

      7. 17.Permits: greenhouse gas emissions

      8. 18.Permits: fit and proper person

      9. 19.Permits: transfer and cessation

    2. CHAPTER 2 Schedule 1 activities

      1. 20.Schedule 1 activities

      2. 21.Schedule 1: general principles

      3. 22.Schedule 1 conditions : best available techniques

      4. 23.Schedule 1 conditions: general provisions

      5. 24.Schedule 1 conditions: off-site conditions

      6. 25.Schedule 1 conditions: emission limit values and environmental quality standards

      7. 26.Schedule 1 conditions: large combustion plants

      8. 27.Schedule 1 conditions: titanium dioxide

      9. 28.Schedule 1 conditions: mixing separately collected waste

      10. 29.Schedule 1 conditions: incineration and co-incineration of waste

      11. 30.Schedule 1 conditions: incineration of batteries

      12. 31.Schedule 1 conditions: waste oils

      13. 32.Schedule 1 conditions: volatile organic compounds

    3. CHAPTER 3 Schedule 2 activities

      1. 33.Schedule 2 activities

      2. 34.Solvents: conditions

      3. 35.Solvents installations: abatement equipment

  5. PART IV STANDARD RULES

    1. 36.Standard rules

    2. 37.Standard rules: conditions

    3. 38.Standard rules: consultation

    4. 39.Standard rules: rules by the Scottish Ministers

    5. 40.Standard rules: publication

    6. 41.Standard rules: revision

    7. 42.Standard rules: revocation

    8. 43.Part IV: interpretation

  6. PART V REVIEW, VARIATION AND CESSATION OF PERMITS

    1. 44.Permits: review of conditions

    2. 45.Permits: proposed change in operation

    3. 46.Permits: variation

    4. 47.Permits: transfer

    5. 48.Permits: surrender of a Part A permit

    6. 49.Permits: notification of surrender of an installation or mobile plant permit

    7. 50.Permits: revocation of permits

  7. PART VI COMPLIANCE

    1. 51.SEPA: duty to ensure compliance

    2. 52.Operators: duty to report breach of permit

    3. 53.SEPA: environmental inspection plan

    4. 54.SEPA: environmental inspection of Part A installations

    5. 55.SEPA: enforcement notices

    6. 56.SEPA: suspension notices

    7. 57.SEPA: power to prevent or remedy pollution

  8. PART VII APPEALS

    1. 58.Appeals to the Scottish Ministers and to the sheriff

    2. 59.Interest for the purposes of the Industrial Emissions Directive

  9. PART VIII THE SCOTTISH MINISTERS

    1. 60.Scottish Ministers: directions to SEPA

    2. 61.Scottish Ministers: guidance to SEPA

    3. 62.Scottish Ministers: emission plans

  10. PART IX INFORMATION AND PUBLICITY

    1. 63.Scottish Ministers and SEPA: powers in respect of information

    2. 64.SEPA: public register

    3. 65.Register: exclusion of information affecting national security

    4. 66.Register: exclusion of confidential information

  11. PART X PROVISION AS TO OFFENCES

    1. 67.Offences

    2. 68.Courts: enforcement

    3. 69.Courts: admissibility of evidence

    4. 70.Courts: power to order cause of offence to be remedied

  12. PART XI CROWN APPLICATION, ETC

    1. 71.Application to the Crown

    2. 72.Transitional provisions

    3. 73.Consequential amendments

    4. 74.Revocations

  13. Signature

    1. SCHEDULE 1

      ACTIVITIES AND INSTALLATIONS AND MOBILE PLANT

      1. PART 1 ACTIVITIES

        1. CHAPTER 1: ENERGY INDUSTRIES

          1. SECTION 1.1 Combustion

            1. PART A

              1. Interpretation of Part A

            2. PART B

              1. Interpretation of Section 1.1

          2. SECTION 1.2: Gasification, liquefaction and refining activities

            1. PART A

              1. Interpretation of Part A

            2. PART B

              1. 1.Interpretation of Part B

              2. 2.(1) Any expression used in Part B and in a...

        2. CHAPTER 2 PRODUCTION AND PROCESSING OF METALS

          1. SECTION 2.1: Ferrous metals

            1. PART A

            2. PART B

              1. Interpretation of Section 2.1

          2. SECTION 2.2: Non-ferrous metals

            1. PART A

            2. PART B

              1. Interpretation of Part B

              2. Interpretation of Section 2.2

          3. SECTION 2.3: Surface treating metals and plastic materials

            1. PART A

            2. PART B

        3. CHAPTER 3: MINERAL INDUSTRIES

          1. SECTION 3.1: Production of cement, lime and magnesium oxide

            1. PART A

            2. PART B

          2. SECTION 3.2: Activities involving asbestos

            1. PART A

            2. PART B

              1. Interpretation of Section 3.2

          3. SECTION 3.3: Glass and glass fibre manufacture

            1. PART A

            2. PART B

          4. SECTION 3.4: Production of other mineral fibres

            1. PART A

            2. PART B

          5. SECTION 3.5: Other mineral activities

            1. PART A

            2. PART B

              1. Interpretation of Part B

          6. SECTION 3.6: Ceramic production

            1. PART A

            2. PART B

              1. Interpretation of Part B

        4. CHAPTER 4: THE CHEMICAL INDUSTRY

          1. Interpretation of Chapter 4

          2. SECTION 4.1: Organic chemicals PART A

            1. PART B

              1. Interpretation of Part B

          3. SECTION 4.2: Inorganic chemicals

            1. PART A

            2. PART B

          4. SECTION 4.3: Chemical fertiliser production

            1. PART A

            2. PART B

          5. SECTION 4.4: Biocide production

            1. PART A

            2. PART B

          6. SECTION 4.5: Pharmaceutical production

            1. PART A

            2. PART B

          7. SECTION 4.6: Explosives production

            1. PART A

            2. PART B

          8. SECTION 4.7: Manufacturing activities involving ammonia

            1. PART A

            2. PART B

          9. SECTION 4.8: Storage of chemicals in bulk

            1. PART A

            2. PART B

              1. Interpretation of Part B

        5. CHAPTER 5: WASTE MANAGEMENT

          1. SECTION 5.1: Incineration and co-incineration of waste

            1. PART A

            2. PART B

              1. Interpretation of Section 5.1

          2. SECTION 5.2: Landfill and disposal to land

            1. PART A

            2. PART B

              1. Interpretation of Section 5.2

          3. SECTION 5.3: Disposal or recovery of hazardous waste

            1. PART A

            2. PART B

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

            1. PART A

              1. Interpretation of Section 5.4

            2. PART B

          5. SECTION 5.5: Production of fuel from waste

            1. PART A

            2. PART B

          6. SECTION 5.6: Temporary or underground storage of hazardous waste

            1. PART A

              1. Interpretation of Part A

            2. PART B

          7. SECTION 5.7: Treatment of waste water

            1. PART A

            2. PART B

        6. CHAPTER 6: OTHER ACTIVITIES

          1. SECTION 6.1: Paper, pulp and panel manufacturing

            1. PART A

            2. PART B

          2. SECTION 6.2: Carbon activities

            1. PART A

            2. PART B

          3. SECTION 6.3: Tar and bitumen processes

            1. PART A

              1. Interpretation of Part A

            2. PART B

              1. 1.Interpretation of Part B

              2. 2.In Part B— “qualifying amount” means the use in any...

              3. Interpretation of Section 6.3

          4. SECTION 6.4: Coating activities, printing and textile treatments

            1. PART A

            2. PART B

              1. 1.Interpretation of Part B

              2. 2.In Part B— “aircraft” includes gliders and missiles, “coating material”...

          5. SECTION 6.5: The manufacture of dyestuffs, printing ink and coating materials

            1. PART A

            2. PART B

              1. Interpretation of Part B

          6. SECTION 6.6: Timber activities

            1. PART A

            2. PART B

              1. Interpretation of Section 6.6

          7. SECTION 6.7: Activities involving rubber

            1. PART A

            2. PART B

          8. SECTION 6.8: Treatment of animal and vegetable matter and food industries

            1. PART A

            2. PART B

              1. Interpretation of Section 6.8

          9. SECTION 6.9: Intensive farming

            1. PART A

              1. Interpretation of Part A

            2. PART B

          10. SECTION 6.10: Carbon capture and storage

            1. PART A

            2. PART B

      2. PART 2 INTERPRETATION OF SCHEDULE

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

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

        3. 3.An activity is not an activity described in Part 1...

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

        5. 5.(1) The use of a fume cupboard is not an...

        6. 6.References in Part 1 to related activities are references to...

        7. 7.(1) This paragraph applies for the purpose of determining whether...

        8. 8.Unless the context otherwise requires, where an activity falls within...

        9. 9.A reference in this Part or in Part 1 to,...

        10. 10.(1) A reference in Part 1 to the table in...

        11. 11.In Part 1 of this Schedule— “background quantity” means, in...

        12. 12.In this Part— “fume cupboard” has the meaning given by...

    2. SCHEDULE 2

      SOLVENT EMISSIONS

      1. PART 1 Solvent emission activities

        1. 1.An activity listed in column 1 of table 1 is...

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

        3. 3.An activity listed in table 1 is deemed to be...

        4. 4.An activity listed in table 1 includes the cleaning of...

        5. 5.Where an activity listed in table 1 is carried out...

        6. 6.In the period to 31 May 2015, the entry in...

      2. PART 2 SEPA functions

        1. 7.SEPA must exercise its functions under these Regulations so as...

        2. 8.SEPA may permit emissions to exceed a fugitive emission limit...

        3. 9.SEPA may permit emissions from the coating activities described in...

      3. PART 3 Duties on operators

        1. 10.Data reporting

        2. 11.Monitoring of emissions

      4. PART 4 Interpretation

        1. 12.In this Schedule— “adhesive” means any mixture, including all the...

    3. SCHEDULE 3

      BEST AVAILABLE TECHNIQUES

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

      2. 2.The specified matters for Part B installations and mobile plant...

    4. SCHEDULE 4

      GRANT OF PERMITS

      1. PART 1 APPLICATIONS FOR PERMITS

        1. 1.(1) An application to SEPA for a permit under regulation...

        2. 2.An application for a permit for an installation where an...

        3. 3.An application for a permit to operate a waste incineration...

        4. 4.An application for a permit to operate a solvents installation...

        5. 5.In paragraph 1(1)— (a) sub-paragraphs (g), (l), (r), and (u)...

        6. 6.Paragraph 1(1) applies to an application for a permit to...

        7. 7.(1) SEPA may by notice require the applicant to provide...

        8. 8.Subject to paragraph 31, the applicant must advertise the application...

        9. 9.An advertisement required by paragraph 8 must—

        10. 10.An advertisement in respect of application for a permit to...

        11. 11.Paragraph 8 does not apply to an application for a...

        12. 12.This Part is subject to Part 3.

      2. PART 2 DETERMINATION OF APPLICATIONS

        1. 13.Subject to paragraph 35, SEPA must within 14 days of...

        2. 14.Paragraph 13 does not apply to a permit to operate...

        3. 15.Paragraph13(a) does not apply to an application for a permit...

        4. 16.(1) SEPA must before granting a permit subject to an...

        5. 17.(1) The period allowed for making representations to SEPA (the...

        6. 18.In the case of an application for a permit for—...

        7. 19.(1) The Scottish Ministers may direct SEPA that any application,...

        8. 20.(1) SEPA must, subject to paragraph 27, give notice to...

        9. 21.SEPA must where separate applications are made to operate different...

        10. 22.(1) SEPA must— (a) advertise notice of a draft determination...

        11. 23.(1) An advertisement under paragraph 22 must—

        12. 24.SEPA must take no account for the purposes of calculating...

        13. 25.If SEPA fails to give notice of a determination under...

        14. 26.(1) This paragraph applies where— (a) the Scottish Ministers are...

        15. 27.The Scottish Ministers must, where paragraph 26 applies, give notice...

        16. 28.(1) The Scottish Ministers must give SEPA any Member State...

        17. 29.In Parts 1 and 2 of this Schedule—

        18. 30.This Part is subject to Part 3.

      3. PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 31.Paragraphs 8 or 22 do not apply in so far...

        2. 32.Paragraph 13, other than paragraph 13(f), does not apply in...

        3. 33.Subject to paragraph 34, paragraph 13(b) and (c)(i) and (iii)...

        4. 34.Paragraph 33 does not apply to information excluded from the...

        5. 35.Where a matter falls to be determined for the purposes...

        6. 36.For the purposes of paragraph 35, and paragraphs 18, 20...

    5. SCHEDULE 5

      LIST OF POLLUTING SUBSTANCES

      1. 1.Air

      2. 2.Oxides of nitrogen and other nitrogen compounds.

      3. 3.Carbon monoxide.

      4. 4.Volatile organic compounds.

      5. 5.Metals and their compounds.

      6. 6.Dust including fine particulate matter.

      7. 7.Asbestos (suspended particulates, fibres).

      8. 8.Chlorine and its compounds.

      9. 9.Fluorine and its compounds.

      10. 10.Arsenic and its compounds.

      11. 11.Cyanides.

      12. 12.Substances and mixtures which have been proved to possess carcinogenic...

      13. 13.Polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

      14. 1.Water

      15. 2.Organophosphorus compounds.

      16. 3.Organotin compounds.

      17. 4.Substances and mixtures which have been proved to possess carcinogenic...

      18. 5.Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

      19. 6.Cyanides.

      20. 7.Metals and their compounds.

      21. 8.Arsenic and its compounds.

      22. 9.Biocides and plant health products.

      23. 10.Materials in suspension.

      24. 11.substances which contribute to eutrophication (in particular, nitrates and phosphates)....

      25. 12.Substances which have an unfavourable influence on the oxygen balance...

      26. 13.Substances listed in Annex X to Directive 2000/60/EC of the...

    6. SCHEDULE 6

      COMPENSATION FOR OFF-SITE CONDITIONS

      1. 1.This Schedule applies in any case where—

      2. 2.Any person who has granted an off-site right is entitled...

      3. 3.Subject to paragraph 6(3) and (5)(b), compensation is payable for...

      4. 4.(1) Subject to sub-paragraph (2), an entitlement to compensation under...

      5. 5.(1) An application for compensation under this Schedule must be...

      6. 6.(1) The amount to be paid by way of compensation...

      7. 7.(1) Compensation payable carries interest at the rate for the...

      8. 8.(1) Compensation that is determined to be due is payable—...

      9. 9.In this Schedule— “1963 Act” means the Land Compensation (Scotland)...

    7. SCHEDULE 7

      VARIATION OF PERMITS

      1. PART 1 APPLICATIONS FOR VARIATION

        1. 1.An application under regulation 46 for the variation of the...

        2. 2.(1) This paragraph applies where an application relates to a...

        3. 3.(1) SEPA may by notice require the applicant to provide...

      2. PART 2 DETERMINATION OF VARIATIONS

        1. 4.(1) Subject to sub-paragraphs (2) and (3), this paragraph applies...

        2. 5.(1) If SEPA proposes to serve a variation notice which...

        3. 6.(1) The Scottish Ministers may give directions to SEPA requiring...

        4. 7.(1) In the case of a proposed variation notice affecting...

        5. 8.(1) Except in a case where an application has been...

        6. 9.(1) SEPA must— (a) within a period of 3 days...

        7. 10.(1) An advertisement required by paragraph 9 must—

        8. 11.For the purpose of calculating the period specified in paragraph...

        9. 12.If SEPA fails to give notice of its determination or...

        10. 13.(1) This paragraph applies where— (a) the Scottish Ministers are...

        11. 14.The Scottish Ministers must where paragraph 13 applies given notice...

        12. 15.(1) The Scottish Ministers must give SEPA any Member State...

        13. 16.In paragraphs 13 to 15, “Member State” includes Iceland, Liechtenstein...

      3. PART 3 NATIONAL SECURITY AND CONFIDENTIAL INFORMATION

        1. 17.The requirements of paragraph 4(8) or paragraph 9 of this...

        2. 18.Paragraphs 32 to 34 of Schedule 4 apply in relation...

        3. 19.Where a matter falls to be determined for the purposes...

        4. 20.Where a matter falls to be determined for the purposes...

    8. SCHEDULE 8

      APPEALS TO THE SCOTTISH MINISTERS

      1. 1.(1) A person who wishes to appeal to the Scottish...

      2. 2.(1) Subject to sub-paragraph (2), notice of appeal in accordance...

      3. 3.(1) SEPA must, within 14 days of receipt of the...

      4. 4.(1) Before determining an appeal under regulation 58, the Scottish...

      5. 5.(1) Where the appeal is to be disposed of on...

      6. 6.(1) The Scottish Ministers must— (a) give notice to the...

      7. 7.Where a determination of the Scottish Ministers is quashed on...

    9. SCHEDULE 9

      REGISTER

      1. 1.Subject to regulations 65 or 66, the register contains—

      2. 2.Where an application is withdrawn by the applicant at any...

      3. 3.Where, following an amendment of Schedule 1 or 2, these...

      4. 4.Nothing in paragraph 1 requires SEPA to keep in the...

    10. SCHEDULE 10

      SAVINGS AND TRANSITIONAL PROVISIONS

      1. PART 1 General

        1. 1.Interpretation

        2. 2.Permits in respect of odorising natural gas or liquefied petroleum gas

        3. 3.Permits granted, or applied for, on or before 6th January 2013

        4. 4.Activities not requiring a permit, or requiring an environmental licence

        5. 5.2015 installations

        6. 6.Directions by the Scottish Ministers

      2. PART 2 Specific installations and activities

        1. 7.Landfill

        2. 8.Solvent emission activities: risk phrases and hazard statements

        3. 9.Solvent installations: first use of risk phrase or hazard statement substances

        4. 10.Refuelling activities

      3. PART 3 Permit conditions

        1. 11.Permit condition: incidents, accidents, and breach of conditions

        2. 12.Permit condition: monitoring of Part A installations

        3. 13.Permit condition: large combustion plants

      4. PART 4 Fees and charges

        1. 14.(1) A reference in these Regulations to payment of a...

    11. SCHEDULE 11

      CONSEQUENTIAL MODIFICATIONS

      1. PART 1 PUBLIC GENERAL ACTS

        1. 1.The Environmental Protection Act 1990

        2. 2.The Environment Act 1995

        3. 3.The Antisocial Behaviour etc. (Scotland) Act 2004

      2. PART 2 SUBORDINATE LEGISLATION

        1. 4.The Environmental Protection (Prescribed Processes and Substances) Regulations 1991

        2. 5.The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991

        3. 6.The Environmental Protection (Duty of Care) Regulations 1991

        4. 7.The Conservation (Natural Habitats, &c.) Regulations 1994

        5. 8.The Special Waste Regulations 1996

        6. 9.The Landfill Tax Regulations 1996

        7. 10.The Contaminated Land (Scotland) Regulations 2000

        8. 11.The Landfill (Scotland) Regulations 2003

        9. 12.The Greenhouse Gas Emissions Trading Scheme Regulations 2005

        10. 13.The Water Environment (Oil Storage) (Scotland) Regulations 2006

        11. 14.The Waste Electrical and Electronic Equipment Regulations 2006

        12. 15.The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007

        13. 16.The Persistent Organic Pollutants Regulations 2007

        14. 17.The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

        15. 18.The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

        16. 19.The Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008

        17. 20.The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008)

        18. 21.The Waste Batteries and Accumulators Regulations 2009

        19. 22.The Corporation Tax (Land Remediation Relief) Order 2009

        20. 23.The Mercury Export and Data (Enforcement) Regulations 2010

        21. 24.The Waste Management Licensing (Scotland) Regulations 2011

        22. 25.The Water Environment (Controlled Activities) (Scotland) Regulations 2011

        23. 26.The Renewable Heat Incentive Scheme Regulations 2011

        24. 27.The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012

    12. SCHEDULE 12

      REVOCATIONS

  15. Explanatory Note

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