Regulation 19(c)
12. The prescribed date for a new SED installation is–
(a)in relation to a new SED installation brought into operation before the date of coming into force of the SED Regulations–
(i)where an application for a permit to operate the SED installation is made before the expiry of a period 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;
(ii)where no such application is made, the day after the expiry of the period of 4 months beginning on the date of coming into force of the SED Regulations; and
(b)in relation to all other new SED installations, the date of coming into force of the SED Regulations.
13.—(1) Subject to paragraphs 14 and 15, the prescribed date for an existing SED installation is–
(a)where an application for a permit to operate the SED installation is duly made by the relevant date, the determination date for the SED installation;
(b)where no such application is made, 1st November 2006.
(2) For the purposes of sub-paragraph (1) the relevant date for an existing SED installation is–
(a)for installations wishing to use the reduction scheme, 31st October 2005; and
(b)for all other installations, 31st October 2006.
14.—(1) Where on or after 1st April 2001 and before the date of coming into force of the SED Regulations there was a substantial change in the operation of an existing SED installation, the prescribed date for the affected part shall be–
(a)where an application for a permit authorising the operation of that part of the installation is duly made before the expiry of a period 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;
(b)where no such application is made, the day after the expiry of a period of 4 months beginning on the date of coming into force of the SED Regulations.
(2) Where after the date of coming into force of the SED Regulations, an existing SED installation undergoes a substantial change in operation, the prescribed date for the affected part shall be the date on which the change is made, if earlier than the date which would be the prescribed date for the SED installation under this Part.
(3) Sub paragraphs (1) and (2) do not apply to that part of the SED installation which undergoes a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the affected part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.
15.—(1) Where on or after 1st April 2001 and before the date of coming into force of the SED Regulations, abatement equipment was installed in an existing SED installation, the prescribed date for the affected part shall be–
(a)where an application for a permit authorising the operation of the affected part is duly made before the expiry of a period of 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;
(b)where no such application is made, the day after the expiry of a period of 4 months beginning on the date of coming into force of the SED Regulations.
(2) Subject to sub-paragraph (3), where after the date of coming into force of the SED Regulations abatement equipment is installed in an installation, the prescribed date for the affected part shall be the date on which the abatement equipment is installed if earlier than the date which would be the prescribed date for the SED installation under this Part.
(3) Where the abatement equipment is to be installed in an installation in respect of which the operator has made an application to use a reduction scheme, the prescribed date for the affected part shall be the determination date for that part.
16.—(1) Where an existing SED installation uses at the date of coming into force of the SED Regulations a risk phrase substance or preparation, the prescribed date for the SED installation shall be–
(a)where an application for a permit authorising the operation of the part of the installation in which the substance or preparation is used is duly made before the expiry of a period 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;
(b)where no such application is made, the day after the expiry of a period of 4 months beginning on the date of coming into force of the SED Regulations.
(2) Where after the date of coming into force of the SED Regulations, an existing SED installation begins using a risk phrase substance or preparation, the prescribed date for the SED installation shall be the date on which the substance or preparation is first used.
(3) Where after the date of coming into force of the SED Regulations a substance or preparation used in an existing SED installation becomes a risk phrase substance or preparation, the prescribed date for the SED installation shall be the date four months after the date on which the risk phrase is assigned to that substance or preparation.
17.—(1) Expressions used both in this Part and Part 4 and in the Solvent Emissions Directive have the same meaning for the purposes of those Parts as they have for the purposes of that Directive.
(2) In this Part–
“abatement equipment” means equipment used to abate the effects of emissions of volatile organic compounds;
“affected part” means that part of an SED installation which undergoes a substantial change in operation or in which abatement equipment is installed or in which a risk phrase substance or preparation is used or assigned;
“determination date” means–
for an SED installation or part of an SED installation, in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application for the permit, or, on an appeal, of a direction to grant it;
for an SED installation or part of an SED installation, in relation to which a permit is refused, and
if the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;
if no appeal is made to the Scottish Ministers against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given;
following the determination of an appeal to the Scottish Ministers, no appeal is then made to the sheriff, the twenty second day after that determination;
where any further appeal is taken, the day after the expiry of the period allowed for appeal therefrom or, if there is no such date, the date of final determination of such appeal;
for an SED installation or part of an SED installation in relation to which an application is withdrawn in accordance with regulation 5(5) or is deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4, the date the application is withdrawn, or is deemed to have been withdrawn;
“existing SED installation” means an SED installation which was–
put into operation before 1st April 2001; or
put into operation on or after that date but before 1st April 2002, provided that–
the operation of the installation was authorised by the grant of a permit or authorisation before 1st April 2001; or
an application for such a permit or authorisation was duly made before that date,
and where an installation becomes authorised as an SED installation for the first time as a result of a variation granted for the purposes of sections 10 or 11 of the Environmental Protection Act 1990 or regulation 13 of the 2000 Regulations, references in this definition to the grant of a permit or authorisation shall be construed as references to that variation and not to the original grant of the permit or authorisation, and references to the grant of a permit or authorisation shall be construed as references to the service of a notice giving effect to that variation;
“halogenated volatile organic compound” means a volatile organic compound containing bromine, chlorine, fluorine or iodine;
“new SED installation” means a SED installation which is put into operation on or after 1st April 2001, other than an existing SED installation; and
“risk phrase substance or preparation” means–
in relation to an SED activity other than dry cleaning (as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1), a substance or preparation which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC(1) 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 phrase R40 and a substance or preparation “becomes a risk phrase substance or preparation” when, because of its content of volatile organic compounds or, as the case may be, halogenated volatile organic compounds, it is assigned or needs to carry one or more of those risk phrases;
in relation to dry-cleaning (as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1), “risk phrase substance or preparation” means a substance or preparation which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC(2) is assigned or needs to carry the risk phrases R45, R46, R49, R60 and R61; and a substance or preparation “becomes a risk phrase substance or preparation” when, because of its content of volatile organic compounds, it is assigned or needs to carry one or more of those risk phrases; and
“the SED Regulations” means the Solvent Emissions (Scotland) Regulations 2004.
18.—(1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.
(2) Where an installation is wholly an SED installation and only carries out activities which do not fall within any section of Chapters 1 to 6 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.
(3) Subject to sub-paragraphs (4) to (7), the prescribed date for installations which carry out an activity falling within a description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities) shall be determined in accordance with Parts 1 or 2.
(4) Subject to sub-paragraphs (5) to (7), where an SED installation carries out activities which are also wholly or partly activities falling within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 12 and 13 of Part 3 unless–
(a)the activities carried out in the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading “Part A” or “Part B” and are wholly covered by an authorisation granted under section 6 of the Environmental Protection Act 1990;
(b)the anticipated prescribed date for the installation under Part 1 or 2 is earlier than the anticipated prescribed date for the SED installation under paragraph 12 or 13 of Part 3; or
(c)an application to operate the installation has already been made or is already deemed to have been made at the date of coming into force of the SED Regulations.
(5) Subject to sub-paragraph (6), where an installation–
(a)carries out an SED activity and directly associated activities which are only partly also activities falling within a description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities); and
(b)falls within sub-paragraph (4)(b),
the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under any section of Chapters 1 to 6 in Part 1 of Schedule 1 (and any directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.
(6) Where sub paragraph (5) applies the operator may apply in writing to SEPA for consent to make an application at the earliest anticipated prescribed date covering the whole installation.
(7) Where–
(a)an installation carries out an SED activity and any directly associated activities which are–
(i)only partly also activities falling within a description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities); and
(ii)the part of the installation falling within that description is subject to an authorisation;
(b)the anticipated prescribed date for that installation under Part 1 or 2 is later than the anticipated prescribed date for the SED installation under Part 3; and
(c)before the anticipated prescribed date for the SED installation under Part 3, an application for a variation of the authorisation is made in respect of the SED activity,
the prescribed date for the whole installation (including the part containing the SED installation) shall be determined in accordance with Parts 1 or 2.
(8) Where abatement equipment is installed in an existing SED installation or that installation undergoes a substantial change in operation the prescribed date for the affected part shall be determined in accordance with paragraphs 14 or 15 of Part 3 unless–
(a)the prescribed date for the installation under Parts 1 or 2 or paragraphs 12 or 13 of Part 3 is earlier than the prescribed date for the affected part of the SED installation under paragraphs 14 or 15 of Part 3, or
(b)in relation to an SED installation at which abatement equipment is installed, the activities carried out by the affected part fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading “Part A” or “Part B” and are wholly covered by an authorisation granted under section 6 of the Environmental Protection Act 1990.
19. In this Part–
“the 1991 Regulations” mean the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(3);
“affected part” shall have the same meaning as it has for the purposes of Part 3 of this Schedule;
“anticipated prescribed date” means–
in relation to a prescribed date under Part 1 of this Schedule, the last day of a period of 4 months beginning on the last day for making an application for a permit under that Part;
in relation to a prescribed date for a deemed application under paragraph 3 of Part 2 of this Schedule, the last day of a period of 12 months beginning on the relevant date specified in paragraph 10 of that Part;
in relation to a prescribed date under paragraphs 12 and 13 of Part 3, the last day of a period of 4 months beginning on the last day for making an application for a permit under this Part;
“existing SED installation” shall have the same meaning as it has for the purposes of Part 3 of this Schedule; and
“the SED Regulations” shall have the same meaning as it has for the purposes of Part 3 of this Schedule.”