The Environmental Permitting (England and Wales) Regulations 2010

Regulation 35(2)(h)

SCHEDULE 14 SED installations

Application

1.  This Schedule applies in relation to every SED installation.

Interpretation

2.—(1) In this Schedule—

“directly associated activity”, in relation to a SED activity, means an operation which—

(a)

has a technical connection with the SED activity,

(b)

is carried on on the same site as the SED activity, and

(c)

could have an effect on a discharge of volatile organic compounds into the environment;

“SED installation” means—

(a)

a stationary technical unit where one or more SED activities are carried on, and

(b)

any other location on the same site where any other directly associated activities are carried on; and

“the Solvent Emissions Directive” means Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(1).

(2) When interpreting the Solvent Emissions Directive for the purposes of this Schedule—

(a) an expression that is defined in Section 7 of Part 2 of Schedule 1 has the meaning given in that Section;

(b) except where also defined in that Section or in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(c) “authorisation” means environmental permit;

(d) “emission” has the meaning given in the Solvent Emissions Directive;

(e) “installation” means SED installation;

(f) the competent authority is the regulator.

Exercise of relevant functions

3.—(1) The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Solvent Emissions Directive—

(a) Article 4(4);

(b) Article 5, except for the last sentence of 5(3), and 5(13);

(c) Article 7(2);

(d) Article 8(1) to (4);

(e) Article 9;

(f) Article 10.

(2) When interpreting the Solvent Emissions Directive for the purposes of this paragraph—

(a) in Article 5(1), ignore the words “either” and “or by general binding rules”;

(b) in Article 7(2), ignore the words “and during the formulation of general binding rules”; and

(c) in point 1 of Annex IIB, ignore the last sentence.

(1)

OJ No L 85, 29.3.1999, p 1, as last amended by Directive 2008/112/EC of the European Parliament and of the Council (OJ No L 345, 23.12.2008, p 72). There is 1 relevant corrigendum, OJ No L 240, 10.9.1999, p 24.