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SCOTTISH STATUTORY INSTRUMENTS


2004 No. 26

ENVIRONMENTAL PROTECTION

The Solvent Emissions (Scotland) Regulations 2004

  Made 27th January 2004 
  Coming into force in accordance with regulation 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999[1] and of all other powers enabling them in that behalf, having in accordance with section 2(4) of that Act 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 and persons as they consider appropriate, hereby make the following 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:

Citation, commencement and extent
     1.  - (1) These 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.

    (2) These Regulations extend to Scotland only.

Interpretation
     2.  - (1) In these Regulations-

    (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-

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-

the operator shall within the period of 4 months beginning on the date of coming into force of these 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-

    (4) Where on or after 1st April 2001 and 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 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-

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-

the operator shall-

    (10) Where after the date of coming into force of these Regulations-

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-

    (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-

    (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-

    (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)-

    (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-

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-

the operator may make a supplementary application to SEPA.

    (2) A supplementary application under paragraph (1) shall contain-

    (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-

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-

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)-

     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)-

     17. In regulation 13 (variation of permits)-

     18. In Schedule 1(activities and installations and mobile plant)-

     19. In Schedule 3 (prescribed dates and transitional arrangements)-

     20. In Schedule 4 (grant of permits)-

     21. In Schedule 7 (applications for variation of conditions)-

Amendment of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991
     22. The 1991 Regulations shall have effect subject to the following amendments-



Authorised to sign by the Scottish Ministers


ALLAN WILSON

St Andrew's House, Edinburgh
27th January 2004



SCHEDULE
Regulation 18(a)


NEW CHAPTER 7 IN PART 1 OF SCHEDULE 1 TO THE 2000 REGULATIONS








SCHEDULE 2
Regulation 19(c)


NEW PARTS 3 AND 4 OF SCHEDULE 3 TO THE 2000 REGULATIONS (PRESCRIBED DATES AND TRANSITIONAL ARRANGEMENTS)








EXPLANATORY NOTE

(This note is not part of the
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).

The Solvent Emissions Directive requires all installations ("SED installations") carrying out activities listed in Annex I thereof above the thresholds in Annex IIA thereof to comply with certain emission limit values.

The majority of SED installations are already 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.

Regulation
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.

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.

Regulation
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

Schedule 3 to the 2000 Regulations, as inserted by regulation 19(c) of and Schedule 2 to these Regulations.

Regulation
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.

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.

Regulation
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.

A 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.


Notes:

[1] 1999 c.24. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) as read with section 5(3) of the said Act of 1999. 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, 29.3.99, p.1) was designated for the purposes of paragraph 20(2)(c) of Schedule 1 to the 1999 Act by the Pollution Prevention and Control (Designation of the Solvent Emissions Directive) (Scotland) Order 2003 (S.S.I. 2003/ 600).back

[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



ISBN 0 11062593 5


 
© Crown copyright 2004
Prepared 5 February 2004


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