The Pollution Prevention and Control (Scotland) Regulations 2012, Section 44 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
44.—(1) SEPA must review the conditions of a permit—
(a)if pollution caused by an installation or mobile plant is of such significance that the emission limit values in the permit need to be revised, or new emission limit values need to be included,
(b)if the operational safety of the activities carried out in the installation or mobile plant requires other techniques to be used,
(c)where it is necessary to comply with a new or revised environmental quality standard F1...,
(d)within 4 years after the date of publication of BAT conclusions relating to the main activity of an installation if the permit relates to an activity in respect of which those conclusions were published, and
(e)where the permit relates to an activity not covered by any BAT conclusions and a development in best available techniques allows for the significant reduction of emissions at the installation or mobile plant.
[F2(2) A review under paragraph (1)(d) or (e) must take into account all the BAT conclusions which have been amended by the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018 or included in regulations made in exercise of the power in regulation 9 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 since the permit was granted, or last reviewed.]
(3) SEPA must in addition periodically review the conditions of a permit.
(4) SEPA may review the conditions of a permit at any other time.
(5) SEPA must on carrying out a review—
(a)have regard to the results of emissions monitoring and other data that enables a comparison with the best available techniques (including if applicable techniques described in BAT conclusions), and
(b)ensure that the permit complies with [F3these Regulations], if necessary by variation or revocation of the permit.
Textual Amendments
F1Words in reg. 44(1)(c) omitted (31.12.2020) by virtue of The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(14)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 44(2) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(14)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 44(5)(b) substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(14)(c); 2020 c. 1, Sch. 5 para. 1(1)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
