2008 No. 410
The Pollution Prevention and Control (Scotland) Amendment Regulations 2008
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991 and all other powers enabling them to do so.
In accordance with section 2(4) of that Act, they have consulted the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate, and such other bodies or persons as they consider appropriate.
Citation and commencement1
These Regulations may be cited as the Pollution Prevention and Control (Scotland) Amendment Regulations 2008 and come into force on 19th January 2009.
Amendment of the Pollution Prevention and Control (Scotland) Regulations 20002
1
The Pollution Prevention and Control (Scotland) Regulations 20002 are amended as follows.
2
In regulation 6(2) (requirement for permit to operate installation and mobile plant)–
a
between sub-paragraphs (d) and (e) omit “and”; and
b
after sub-paragraph (e) insert–
; and
- a
referred to in Part 6 of Schedule 3, the date set out or determined in accordance with that Part
3
In Part 1 of Schedule 1 (Activities and Installations and Mobile Plant), in Part B of Section 1.2 (Refining Mineral Oil and Gas, Operating Coke Ovens and Coal Gasification and Liquefaction Activities)–
a
after paragraph (c) insert–
d
Motor vehicle refuelling activities at existing service stations, if the petrol refuelling throughput at the service station in any period of twelve months commencing on or after 1st January 2009 is, or is likely to be, 3500m3 or more.
e
Motor vehicle refuelling activities at new service stations, if the petrol refuelling throughput at the service station in any period of twelve months is likely to be 500m3 or more.
b
under the heading “Interpretation of Part B”, in paragraph 1 after “In Part B ” insert–
“existing service station” means a service station–
- a
which is put into operation; or
- b
for which planning permission under the Town and Country Planning (Scotland) Act 19973 is granted,
before 31st December 2011;
c
under the heading “Interpretation of Part B”, in paragraph 1 before the definition of “petrol” insert–
“new service station” means a service station which is put into operation on or after 31st December 2011 other than an existing service station;
4
After Part 5 of Schedule 3 (Prescribed Dates and Transitional Arrangements), insert a new Part 6 as set out in the Schedule.
SCHEDULENEW PART 6 OF SCHEDULE 3 TO THE POLLUTION PREVENTION AND CONTROL (SCOTLAND) REGULATIONS 2000
PART 6:REFUELLING INSTALLATIONS
26
1
The prescribed date for a new refuelling installation is 1st January 2012.
2
The prescribed date for an existing refuelling installation is–
a
where an application for a permit to operate the existing refuelling installation is made by 1st January 2012, the determination date for that existing refuelling installation; or
b
where no such application is made, 1st January 2012.
3
Where an installation which is subject to a permit under these Regulations contains an existing refuelling installation, the operator shall not operate that installation after the relevant prescribed date specified in sub-paragraph (2) except under and to the extent authorised by a variation of the conditions of that permit granted by SEPA under regulation 13.
4
In this Part–
“determination date” has the same meaning as in paragraph 6 of Part 1 of Schedule 3; and
“existing refuelling installation” means an installation where an activity falling within paragraph (d) of Part B of Section 1.2 of Schedule 1 is carried out;
“new refuelling installation” means an installation where an activity falling within paragraph (e) of Part B of Section 1.2 of Schedule 1 is carried out.
(This note is not part of the Regulations)