The Pollution Prevention and Control (Scotland) Regulations 2012

PART 2 S SEPA functions

7.— [F1 (1)] SEPA must exercise its functions under these Regulations so as to ensure that the operation of a solvents installation complies with the following provisions of the Industrial Emissions Directive:— S

(a) Articles 5(1) and (3),

(b) Article 7,

(c) Article 8(2),

(d) Article 9,

[F2 (dd) Article 58,]

(e) Article 59 (except the last paragraph of point (1) and point (4)),

(f) Article 60,

(g) Article 61,

(h) Article 62,

(i) Article 63,

(j) Article 65, and

(k) Article 82(7) to (9).

[F3 (2) When interpreting the Industrial Emissions Directive for the purposes of this paragraph, Article 5 of the Industrial Emissions Directive is to be read as if a reference to a numbered Article of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment were a reference to the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as last amended by Directive 2014/52/EU of the European Parliament and of the Council.]

[F4 (3) For the purposes of this schedule, the Industrial Emissions Directive is to be read as if—

(a) in Article 5(1) “or Union ” were omitted,

(b) in Article 5(3) for—

(i) the words “where Article 4 of Directive 85/337/EEC applies” there were substituted “in relation to which an environmental impact assessment is required”,

(ii) the words “Articles 5, 6, 7 and 9 of that Directive” there were substituted “an environmental impact assessment”,

(c) in Article 7—

(i) the words from “Without prejudice” to “environmental damage” were omitted,

(ii) for “Member States” there were substituted “ SEPA ”,

(d) in Article 8, for “Member States”, at each place it occurs, there were substituted “ SEPA ”,

(e) in Article 9(2), for “Member States” there were substituted “ SEPA ”,

(f) in Article 59—

(i) in paragraph 1 for “Member States”, at each place it occurs, there were substituted “ SEPA ”,

(ii) in paragraph 1 the last subparagraph were omitted,

(iii) paragraph 4 were omitted,

(g) in Article 60, for “Member States” there were substituted “ SEPA ”,

(h) in Article 65(3), for the words “restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC” there were substituted “ exceptions set out in regulation 10 of the Environmental Information (Scotland) Regulations 2004”]

Textual Amendments

F1 Sch. 2 para. 7(1) renumbered (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 3(4)(a)

F2 Sch. 2 para. 7(1)(dd) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 2 para. 7(2) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 3(4)(b)

F4 Sch. 2 para. 7(3) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(a)(ii) (as amended by S.S.I. 2019/175, regs. 1(1)(b), 8(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

8.  SEPA may permit emissions to exceed a fugitive emission limit required under [F5 paragraph 7(1)(e)], provided that— S

(a) it is not technically and economically feasible to comply with that sub-paragraph,

(b) SEPA ensures that the operator of the installation uses the best available techniques in respect of those emissions, and

(c) SEPA is satisfied that there are no significant risks to human health and the environment.

Textual Amendments

F5 Words in Sch. 2 para. 8 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(b); 2020 c. 1, Sch. 5 para. 1(1)

9.  SEPA may permit emissions from the coating activities described in row 9 of the Table in Part 1 that cannot be carried out under contained conditions to exceed an emissions limit required under [F6 paragraph 7(1)(e)], provided that— S

(a) it is not technically and economically feasible to comply with that paragraph, and

(b) SEPA ensures that the operator of the installation uses the best available techniques in respect of those emissions.

Textual Amendments

F6 Words in Sch. 2 para. 9 substituted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(24)(c); 2020 c. 1, Sch. 5 para. 1(1)