The Pollution Prevention and Control (Scotland) Regulations 2012

Permits: review of conditions S

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 [F3 these Regulations], if necessary by variation or revocation of the permit.

Textual Amendments

F1 Words 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)

F2 Reg. 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)

F3 Words 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)