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| Made | 27th January 2004 | ||
Coming into force in accordance with regulation 1(1) |
Regulations,
a draft of which has, in accordance with section 2(8) of that Act, been laid before, and approved by a resolution of, the Scottish Parliament:
Regulations
may be cited as the Solvent Emissions (Scotland)
Regulations
2004 and shall come into force on the day after the day on which they are made.
Regulations
extend to Scotland only.
Regulations-
Regulations"
means the Pollution Prevention and Control (Scotland)
Regulations
2000[3]; and
(2) Subject to
regulation
3(17), in these
Regulations,
any word or expression used which is defined in
regulation
2 of, or Schedule 3 to, the 2000
Regulations
shall have the same meaning as it has in those
Regulations.
(3) Any other word or expression used both in these
Regulations
and in the Solvent Emissions Directive has the same meaning for the purposes of these
Regulations
as it has for the purposes of that Directive.
Application for variation of the conditions of an existing permit or authorisation in relation to installations covered by the Solvent Emissions Directive
3.
- (1) Where an installation which-
Regulations,
underwent a substantial change in operation or at which abatement equipment was installed; or
Regulations
began using a risk phrase substance or preparation ; and
(c) in either case mentioned in paragraphs (a) and (b), the affected part is on the date of coming into force of these
Regulations
subject to a permit,
the operator shall within the period of 4 months beginning on the date of coming into force of these
Regulations
make an application under
regulation
13 of the 2000
Regulations
for a variation of the conditions of that permit.
(2) Where on or after 1st April 2001 and before the date of coming into force of these
Regulations-
Regulations
whether under the heading "Part A" or "Part B"; and
Regulations
wholly covered by an authorisation,
the operator shall within the period of 4 months beginning on the date of coming into force of these
Regulations-
Regulations
under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations.
(3) Where before the date of coming into force of these
Regulations-
the operator shall within the period of 4 months beginning on the date of coming into force of these
Regulations-
Regulations
under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations.
(4) Where on or after 1st April 2001 and before the date of coming into force of these
Regulations-
Regulations
under the heading "Part B"; and
Regulations
wholly covered by an authorisation,
the operator shall within the period of 4 months beginning on the date of coming into force of these
Regulations
make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation.
(5) Subject to paragraph (1), where an installation which contains an existing SED installation is subject to a permit, the operator shall by the SED date make an application under
regulation
13 of the 2000
Regulations
for a variation of the conditions of that permit.
(6) Subject to paragraphs (2) and (4), where the activities carried out by an existing SED installation-
Regulations
whether under the heading "Part A" or "Part B"; and
the operator shall by the SED date, and subject to the consent of SEPA, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations.
(7) Paragraphs (1) to (6) do not apply if SEPA has already included in the permit or authorisation all conditions necessary to meet the requirements of the Solvent Emissions Directive.
(8) Where after the date of coming into force of these
Regulations-
the operator shall make an application under
regulation
13 of the 2000
Regulations
for a variation of the conditions of the permit and may not make the substantial change in operation or install the abatement equipment before the determination date.
(9) Where after the date of coming into force of these
Regulations-
Regulations
whether under the heading "Part A" or "Part B"; and
the operator shall-
Regulations
under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations
and may not install the abatement equipment before the determination date.
(10) Where after the date of coming into force of these
Regulations-
Regulations
under the heading "Part B"; and
the operator shall make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; and may not make the substantial change in operation before the determination date.
(11) Where after the date of coming into force of these
Regulations-
the operator shall-
Regulations
under the heading "Part A" and which is subject to an authorisation, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations,
and the operator may not begin using the substance or preparation before the determination date.
(12) Where after the date of coming into force of these
Regulations-
the operator shall within the period of 4 months beginning on the date on which the risk phrase is assigned to that substance or preparation-
Regulations
under the heading "Part A" and which is subject to an authorisation, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under
regulation
7 of the 2000
Regulations.
(13) Paragraphs (1), (4), (8) and (10) shall not apply to an installation containing an SED installation which has undergone, undergoes or will undergo 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.
(14) An application under this
regulation-
Regulations;
and
Regulations
shall be read as if the reference to an "application for a permit" included a reference to "an application under section 11 of the 1990 Act for a variation of the conditions of an authorisation".
(15) Where an operator fails to comply with any of the requirements of this
regulation,
SEPA shall serve a notice on the operator specifying the relevant requirement, requiring the operator to comply with the requirement and specifying the period within which it shall be complied with.
(16) A notice served under paragraph (15) shall be treated for the purposes of these
Regulations
as an enforcement notice served under
regulation
19(1) of the 2000
Regulations.
(17) For the purposes of this
regulation-
Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions Directive
4.
- (1) Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000
Regulations
(determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to vary the permit to extend its scope to incorporate the whole of the SED installation.
(2) Subject to paragraph (3), the provisions of
regulation
13 of and Schedule 7 to the 2000
Regulations
shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under
regulation
13(2) of the 2000
Regulations.
(3) In relation to an application under paragraph (1)-
regulation
13 shall apply as if-
regulation
4(1) of the Solvent Emissions (Scotland)
Regulations
2004, SEPA shall either vary the permit to extend its scope subject to the conditions required or authorised to be imposed by
regulations
9 and 9C or refuse so to vary the permit.";
regulation
4(1) of the Solvent Emissions (Scotland)
Regulations
2004 not to vary the permit to extend its scope, it shall give notice of its decision to the operator.";
regulation
4(1) of the Solvent Emissions (Scotland)
Regulations
2004)";
regulation
4(1) of the Solvent Emissions (Scotland)
Regulations
2004 to vary the permit to extend its scope"; and
regulation
4(1) of the Solvent Emissions (Scotland)
Regulations
2004 to vary the permit to extend its scope, the extended scope of the permit that will be authorised by the variation".
(4) Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2000
Regulations
shall be read as if references to an "application for a permit to operate the installation" were references to an "application for variation of a permit".
(5) An application for a variation of the conditions of a permit under
regulation
3(1), (5), (8), (11) and (12) and an application for variation to extend the scope of the permit under paragraph (1) may be combined in one application.
Application for a variation of an existing authorisation in relation to installations covered by the Solvent Emissions Directive
5.
- (1) Where the prescribed dates for an installation, which is already in part subject to an authorisation, are determined in accordance with paragraph 18(7) of Part 4 of Schedule 3 to the 2000
Regulations
(determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the anticipated prescribed date for the SED installation has not yet passed, the operator may make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation, to extend its scope to incorporate the whole of the SED installation.
(2) Where after the date of coming into force of these
Regulations,
an application for a variation is made under paragraph (1) in respect of proposals by the operator to-
the operator may not implement any of the proposals before the determination date for that variation.
(3) An application for a variation of the conditions of an authorisation under
regulation
3(2), (3), (4), (6), (9), (10), (11) or (12) and an application for a variation to extend the scope of the authorisation under paragraph (1) may be combined in one application.
(4) For the purposes of this
regulation-
Regulations;
and
regulation
3 of these
Regulations.
Supplementary applications in relation to installations covered by the Solvent Emissions Directive
6.
- (1) Where an operator has made or is deemed to have made an application under
regulation
7 of the 2000
Regulations
to operate an installation containing an SED installation (the "original application") and-
Regulations
(determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), the original application is not determined by SEPA before the date for which the operator is required to apply for a permit for the remaining part of the installation,
the operator may make a supplementary application to SEPA.
(2) A supplementary application under paragraph (1) shall contain-
Regulations
to be included in an application to operate the installation which is not in the original application.
(3) Where an operator makes a supplementary application under paragraph (1) then subject to the consent of SEPA-
Determinations in relation to deemed applications
7.
- (1) Where in respect of an SED installation-
regulation
3 ("the first application");
Regulations
("the deemed application"); and
SEPA may grant a permit in respect of both applications, rather than granting separately a variation of the authorisation to which the first application relates.
(2) Where a permit is granted in accordance with paragraph (1), the notice of determination given by SEPA under paragraph 9(6) of Schedule 3 to the 2000
Regulations
and the notification to the operator under paragraph 9(7) of that Schedule to those
Regulations,
shall relate to both the first application and the deemed application.
Duty for operators applying to use a reduction scheme
8.
- (1) Where, in respect of an existing SED installation an operator makes-
regulation
3 or for an extension of an existing permit under
regulation
4; or
regulation
5; or
regulation
6,
and indicates a wish to use a reduction scheme in respect of that SED installation, the operator shall, from 31st October 2005 until the determination date for the SED installation, operate the SED installation in accordance with the requirements of the reduction scheme.
(2) In paragraph (1), the "determination date" shall be interpreted in accordance with Part 3 of Schedule 3 to the 2000
Regulations.
(3) Where SEPA considers that an operator has failed, is failing or is likely to fail to comply with any of the requirements under paragraph (1), SEPA may serve a notice on the operator requiring that operator to comply with such requirements as are specified in the notice and specifying the period within which they shall be complied with.
(4) A notice served under paragraph (3) shall be treated for the purposes of these
Regulations
as an enforcement notice served under
regulation
19(1) of the 2000
Regulations.
(5) For the purposes of the discharge of its functions under this
regulation
SEPA may serve a notice on any person requiring that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.
(6) A notice served under paragraph (5) shall be treated for the purposes of these
Regulations
as a notice served under
regulation
26(2) of the 2000
Regulations.
Amendment to the Pollution Prevention and Control (Scotland)
Regulations
2000
9.
The 2000
Regulations
shall be amended in accordance with
regulations
10 to 21 of these
Regulations.
10.
In
regulation
2(1) (interpretation: general)-
(b) delete the definition of "the Directive" and after the definition of "installation" insert-
(d) for the definition of "installation" substitute-
and, other than in Schedule 3, references to an installation include references to part of an installation;";
carbon
and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of
carbon
oxides and inorganic carbonates and bicarbonates;";
11.
For all occurrences of the words "the Directive" throughout the
Regulations
substitute "the IPPC Directive".
12.
In
regulation
6(2) (requirement for permit to operate installation and mobile plant)-
13.
In
regulation
7(2) (permits: general provisions) after "
regulation
9 (or the applicable provisions of
regulation
10 of the 2003
Regulations)"
insert "or
regulation
9C".
14.
In
regulation
9 (conditions of permits: specific requirements)-
15.
After
regulation
9, insert-
16.
In
regulation
10 (general binding rules)-
regulation
9" substitute "
regulations
9 and 9C";
regulation
9" substitute "
regulations
9 and 9C".
17.
In
regulation
13 (variation of permits)-
regulations
8 and 9" substitute "
regulations
8, 9 or 9C";
regulations
8 and 9" substitute "
regulations
8, 9 or 9C of these
Regulations".
18.
In Schedule 1(activities and installations and mobile plant)-
Regulations;
(b) in Part 2-
(ii) in paragraphs 3, 4, 5, 6 and 7, before "Part 1" insert "any section of Chapters 1 to 6 of";
(iii) after paragraph 7 insert-
(c) at the beginning of paragraph 18(d) of Part 3, insert "Subject to sub-paragraph (e),"; and
(d) after paragraph 18(d) of Part 3 insert-
19.
In Schedule 3 (prescribed dates and transitional arrangements)-
regulation
3 of the Solvent Emissions (Scotland)
Regulations
2004.";
(c) after Part 2 there are inserted new Parts 3 and 4 as set out in Schedule 2 to these
Regulations.
20.
In Schedule 4 (grant of permits)-
regulation
9" insert "and 9C";
(2) Where the prescribed date for the installation is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), sub-paragraph (1) shall not apply to an application to operate that part of the installation in which an activity falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 is carried out.";
(f) for paragraph 8 substitute-
(g) for paragraph 10 substitute-
21.
In Schedule 7 (applications for variation of conditions)-
(b) in paragraph 2, after "Part A mobile plant" insert "(but excluding a change in the operation of part of the installation which carries out an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1(and any directly associated activities))"; and
(c) for paragraph 4(4) substitute-
Amendment of the Environmental Protection (Prescribed Processes and Substances)
Regulations
1991
22.
The 1991
Regulations
shall have effect subject to the following amendments-
regulation
5 (enforcement)-
regulation
and
regulation
6, "SED installation" shall have the same meaning as it has for the purposes of the Pollution Prevention and Control (Scotland)
Regulations
2000.";
regulation
6 (prescribed substances: release into the air, water or land),
regulation
shall not apply in relation to any description of processes in an SED installation as designated in accordance with
regulation
5(3) of these
regulations.
(5) In relation to any description of processes in an SED installation as designated in accordance with
regulation
5(3) of these
regulations,
volatile organic compounds as well as solvents contained in any products are prescribed as substances the release of which into the air, water or land as fugitive emissions is subject to control under those sections.
regulation,
"volatile organic compounds", "organic compounds" and "fugitive emissions" shall have the same meaning as they have for the purposes of Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities and installations[8].".
Authorised to sign by the Scottish Ministers
ALLAN WILSON
St Andrew's House, Edinburgh
27th January 2004
Regulation
18(a)
REGULATIONS
| Activity | Solvent consumption threshold in tonnes/year |
| Heatset web offset printing | 15 |
| Publication rotogravure | 25 |
| Other rotogravure, flexography, rotary screen printing, laminating or varnishing units | 15 |
| Rotary screen printing on textile/cardboard | 30 |
| Surface cleaning using substances or preparations which because of their content of volatile organic compounds classified as carcinogens, mutagens or toxic to reproduction under Directive 67/548/EEC[9] are assigned or need to carry one or more of the risk phrases R45, R46, R49, R60 or R61, or halogenated volatile organic compounds which are assigned or need to carry the risk phrase R40 | 1 |
| Other surface cleaning | 2 |
| Vehicle coating and vehicle refinishing | 0.5 |
| Coil coating | 25 |
| Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating | 5 |
| Winding wire coating | 5 |
| Coating activity applied to wooden surfaces | 15 |
| Dry cleaning | 0 |
| Wood impregnation | 25 |
| Coating activity applied to leather | 10 |
| Footwear manufacture | 5 |
| Wood and plastic lamination | 5 |
| Adhesive coating | 5 |
| Manufacture of coating preparations, varnishes, inks and adhesives | 100 |
| Rubber conversion | 15 |
| Vegetable oil and animal fat extraction and vegetable oil refining activities | 10 |
| Manufacturing of pharmaceutical products | 50 |
of pharmaceutical products and where carried out at the same site, the manufacture of intermediate products;
(3) Without prejudice to sub-paragraph (4), an activity shall be deemed to operate above the solvent consumption threshold specified for that activity under this Part if the activity is likely to be operated above that threshold in any period of 12 months, having regard where relevant to any operation above that threshold in any period of 12 months before the date of coming into force of the SED
Regulations.
(4) In this Part, "SED
Regulations"
shall have the same meaning as it has for the purposes of Parts 3 and 4 of Schedule 3 to these
Regulations.".
Regulation
19(c)
REGULATIONS
(PRESCRIBED DATES AND TRANSITIONAL ARRANGEMENTS)
Regulations-
Regulations,
the determination date for the SED installation;
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-
(2) For the purposes of sub-paragraph (1) the relevant date for an existing SED installation is-
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-
Regulations,
the determination date for the SED installation;
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-
Regulations,
the determination date for the SED installation;
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-
Regulations,
the determination date for the SED installation;
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-
(c) 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;
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;
Regulations"
means the Solvent Emissions (Scotland)
Regulations
2004.
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;
Regulations.
(5) Subject to sub-paragraph (6), where an installation-
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-
(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-
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-
Regulations"
mean the Environmental Protection (Prescribed Processes and Substances)
Regulations
1991[14];
Regulations"
shall have the same meaning as it has for the purposes of Part 3 of this Schedule."
Regulations)
These
Regulations
are made under section 2 of the Pollution Prevention and Control Act (1999 c.24). They implement in Scotland the provisions of 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 ("the Solvent Emissions Directive") (O.J No. L 85, 29.3.1999, p.1).
regulated
under either the Pollution Prevention and Control (Scotland)
Regulations
2000 (S.S.I. 2000/323) ("the 2000
Regulations")
or Part 1 of the Environmental Protection Act 1990 (1990c.43) ("the 1990 Act"). These
Regulations
use the existing pollution control regime under the 2000
Regulations
to deliver the requirements of the Solvent Emissions Directive. As a result, these
Regulations
adjust the transitional provisions under the 2000
Regulations
to align them with the requirements of that Directive.
Regulations
3 to 8 deal with transitional arrangements to incorporate the requirements of the Solvent Emissions Directive into the existing pollution control regime either under the 1990 Act (as a precursor to full incorporation into the regime set out in the 2000
Regulations)
or the 2000
Regulations.
3 deals with applications for variations of conditions of existing permits or authorisations granted under the 2000
Regulations
or the 1990 Act respectively for installations which contain new or existing SED installations with the purpose of incorporating the requirements of the Solvent Emissions Directive into those permits or authorisations.
Regulation
4 sets out transitional provisions dealing with the extensions of existing permits under the 2000
Regulations
covering part of an SED installation mentioned in paragraph 18(5) of Part 4 of Schedule 3 to the 2000
Regulations
(as inserted by
regulation
19(c)) with the purpose of extending the scope of those permits to incorporate the whole of the SED installation.
Regulation
5 provides for the variation of existing authorisations under the 1990 Act covering part of an SED installation mentioned in paragraph 18(7) of Part 4 of Schedule 3 to the 2000
Regulations
(as inserted by
regulation
19(c)) with the purpose of extending the scope of those authorisations to incorporate the whole of the SED installation.
Regulation
6 enables the operator of an installation to make a supplementary application modifying an application for a permit which has already been made under
regulation
7 of the 2000
Regulations
in the circumstances specified in paragraphs (1)(a) to (c) of that
regulation.
7 makes provision to enable SEPA to grant a permit under the 2000
Regulations
in respect of an SED installations where, following an application for a variation of an authorisation under section 6 of the 1990 Act, an application for a permit is deemed to have been made in accordance with paragraph 9 of Schedule 3 to the 2000
Regulations.
8 sets out the duties of operators wishing to operate an SED installation in accordance with the requirements of a reduction scheme as defined in
regulation
2 of the 2000
Regulations
as amended by these
Regulations.
This is in accordance with Article 4(3) and Annex IIB of the Solvent Emissions Directive.
Regulations
9 to 21 and Schedules 1 and 2 make amendments to the 2000
Regulations
to incorporate the requirements of the Solvent Emissions Directive.
Regulation
10 amends
regulation
2(1) of the 2000
Regulations
to incorporate all the relevant definitions in Article 2 of the Solvent Emissions Directive. Further definitions in this Article are also transposed through paragraph 17 of the new Part 3 and paragraph 19 of the new Part 4 of
Regulations,
as inserted by
regulation
19(c) of and Schedule 2 to these
Regulations.
12 amends the definition of "prescribed date" in
regulation
6 of the 2000
Regulations
to take account of the dates by which all SED installations must have a permit under the 2000
Regulations
to be legitimately operated. The amendment takes into account the provisions setting out the prescribed dates for SED installations in Parts 3 and 4 of Schedule 3 to the 2000
Regulations,
as inserted by
regulation
19(c) of and Schedule 2 to these
Regulations.
13 and 14 respectively amend
regulations
7 and 9 of the 2000
Regulations
whilst
regulation
15 inserts a new
regulation
9C into the 2000
Regulations.
This is to ensure that permits authorising the operation of an SED installation include such conditions as SEPA considers necessary to give effect to the provisions of the Solvent Emissions Directive and, in particular, the substantive requirements in Articles 5, 8 and 9 thereof.
Regulation
17, which amends
regulation
13 of the 2000
Regulations,
makes similar provision in respect of the variation of existing permits authorised under the 2000
Regulations.
16 amends
regulation
10 of the 2000
Regulations
to enable provision to be made for SED installations by the Scottish Ministers through general binding rules, where that is appropriate as an alternative to inclusion of conditions in permits, as envisaged by Article 5(1) of the Solvent Emissions Directive.
Regulation
18(a) and Schedule 1 insert a new Chapter 7 into Schedule 1 to the 2000
Regulations.
The new Chapter 7 provides for the activities ("SED activities") listed in the table in that chapter when operated above the solvent consumption thresholds for those activities to be Part B activities under the 2000
Regulations
as required by Annexes I and IIA of the Solvent Emissions Directive.
Regulation
19(c) and Schedule 2 amend the transitional arrangements ("prescribed dates") in Schedule 3 to the 2000
Regulations
and inserts new Parts 3 and 4 to that Schedule.
Regulation
20 amends Schedule 4 to the 2000
Regulations
to make provision for the content of applications for permits under the 2000
Regulations
in respect of SED installations. In particular, a new paragraph 1C is inserted by
regulation
20(d) to require applications to contain all the necessary information to show how the requirements of the Solvents Emissions Directive will be met.
Regulation
21 amends Schedule 7 to the 2000
Regulations
to make provision for the content of applications for variations of existing permits under the 2000
Regulations
in respect of SED installations.
Regulation
22 amends the Environmental Protection (Prescribed Processes and Substances)
Regulations
1991 ("the 1991
Regulations")
to enable SEPA to
regulate
fugitive emissions of volatile organic compounds into the environment at large, in relation to activities currently designated as Part B processes under the 1991
Regulations.
These
Regulations
extend to Scotland only.
regulatory
impact assessment in relation to these
Regulations
has been prepared and copies of this can be obtained from the SEPA Sponsorship and Waste Unit, Scottish Executive Environment and Rural Affairs Department (SEERAD), Victoria Quay, Leith, EH6 6QQ.
[2]
1990, c.43; to which there are amendments not relevant to these
Regulations.
href="#n2">back
[3] S.S.I. 2000/323, as amended by S.S.I. 2002/493; S.S.I. 2003/146, 170 and 235.back
[4]
O.J. No. L 257, 10.10.96, p.26, to which there are amendments not relevant to these
Regulations.
href="#n4">back
[5] O.J. No. L 85, 29.3.1999, p.1.back
[6]
Paragraph 1B was inserted by S.S.I. 2003/170,
regulation 12(b).back
[7] O.J. 196, 16.8.1967, p.1 as last amended by Commission Directive 98/98/EC (O.J. L 355, 30.12.1998, p.1).back
[8] O.J. No. L85, 29.3.1999, p.1. Definitions of "volatile organic compound", "organic compound" and "fugitive emissions" are set out in Article 2(17), 2(16) and 2(10) respectively of the Directive.back
[9] O.J. 196, 16.8.1967, p.1 as last amended by Commission Directive 98/98/EC (O.J. L 355, 30.12.1998, p.1).back
[10] O.J. L 42, 23.2.1970, p.1; relevant amending directives are: Council Directive 92/53/EEC (O.J. L 225, 10.08.1992, p.1) and Commission Directive 2001/116/EC (O.J L. 18, 21.1.2002, p.1).back
[11] O.J. L 42, 23.2.1970, p.1 as amended by Directive 97/27/EC (O.J. L 233, 25.8.1997, p.1).back
[12] O.J. 196, 16.8.1967, p.1 as last amended by Commission Directive 98/98/EC (O.J. L 355, 30.12.1998, p.1).back
[13] O.J. 196, 16.8.1967, p.1 as last amended by Commission Directive 98/98/EC (O.J. L 355, 30.12.1998, p.1).back
[14] S.I. 1991/472; as amended by S.I. 1993/1749, 2405, 1995/3247, 1998/767 and S.S.I. 2000/323.back
| © Crown copyright 2004 | Prepared 5 February 2004 |