The Pollution Prevention and Control (Scotland) Regulations 2012

Schedule 1 conditions: incineration and co-incineration of waste S

29.—(1) SEPA must ensure that a permit granted or varied for the incineration or co-incineration of—

(a) waste contains such conditions as SEPA considers necessary to—

(i) give effect to the provisions of Chapter IV and Annex VI of the Industrial Emissions Directive,

(ii) ensure that on or after 1st January 2014 no separately collected waste capable of being recycled is incinerated or co-incinerated,

(b) waste with energy recovery contains such conditions as SEPA considers necessary to ensure that that the recovery of energy takes place with a high level of energy efficiency,

(c) municipal waste contains such conditions as SEPA considers necessary to ensure where practicable that no waste including non-ferrous metals or hard plastics is incinerated or co-incinerated.

(2) For the purposes of paragraph (1)(a)(i), paragraph 2.1(c) of Part 6 of Annex VI to the Industrial Emissions Directive is to be read as if for “and dioxins and furans” there is substituted “ dioxins, furans, dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons ”.

[F1 (3) For the purposes of these Regulations, the Industrial Emissions Directive is to be read as if in that Directive—

(a) in point (d) of Article 44, for “national and Union law” there were substituted “ [F2 assimilated] law ”,

(b) in Articles 48(1) and 50(7), for “Member States” there were substituted “ SEPA ”,

(c) in Article 51—

(i) in paragraph 1, the second sentence were omitted,

(ii) paragraph 4 were omitted,

(d) in Article 52(4), in point (a) after “documents required by” there were inserted “ [F3 assimilated] law which implemented ”,

(e) in Article 55(2) for “the report referred to in Article 72 shall include” there were substituted “ the operator must keep and provide to SEPA ”,

(f) in paragraph 1 of Part 4 of Annex VI, in the definition of “V proc”, for “Union or national law” there were substituted “ [F4 assimilated] law ”,

(g) in Part 8 of Annex VI—

(i) in paragraph 1.1(d), for “Member States” there were substituted “ SEPA ”,

(ii) in paragraph 2(b), for “the Member State” there were substituted “ SEPA ”.]

Textual Amendments

F1 Reg. 29(3) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(8); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in reg. 29(3)(a) 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(4)

F3 Word in reg. 29(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(5)

F4 Word in reg. 29(3)(f) 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(6)