The Pollution Prevention and Control (Scotland) Amendment Regulations 2014

Made: 8th October 2014

Coming into force: 30th October 2014

In accordance with section 2(8) and (9)(d) of that Act a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Pollution Prevention and Control (Scotland) Amendment Regulations 2014, and come into force on 30th October 2014.

• (2) These Regulations extend to Scotland only.

Interpretation

2

In these Regulations, “the principal Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2012[^f00002].

Amendment of the principal Regulations

3

The principal Regulations are amended in accordance with regulations 4 to 14.

Interpretation: enactments etc.

4

In regulation 3 (interpretation: enactments etc.), after the definition of “EIA Directive” insert—

• “Energy Efficiency Directive” means Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC[^f00003],

Designation as competent authority

5

In regulation 10 (SEPA: designation as competent authority), after “Directive” insert “and Article 14(5) to (8) of the Energy Efficiency Directive”.

Schedule 1 activities

6

After regulation 20 (schedule 1 activities) insert—

(20A) Schedule 1A has effect.

Solvents: conditions

7

For regulation 34 (solvents: conditions), substitute—

(34) SEPA must include in a permit to operate a solvents installation— (a) such conditions as SEPA considers necessary to give effect to the provisions of Chapter V of and Annex VII to the Industrial Emissions Directive, and (b) a condition requiring the operator to inform SEPA, without delay, of any incident or accident significantly affecting the environment.

Permits: surrender of a Part A permit

8

In regulation 48(8)(c) (permits: surrender of a Part A permit), after “its” omit “the”.

Offences

9

In regulation 67 (offences)—

• (a) after paragraph (1)(f) insert—

(fa) to contravene paragraph 7 of Schedule 1A,

; and

• (b) in paragraph (2), after “(f)” insert “, (fa)”.

Activities and installations and mobile plant

10

In Schedule 1 (activities and installations and mobile plant)—

• (a) in Part 1 (activities)—

• (i) in Part B of Section 1.1 (combustion), after paragraph (b) insert—

(c) Burning any fuel in a combination of appliances with a total rated thermal input of more than 20 megawatts and less than 50 megawatts in an installation to which Schedule 1A applies.

• (ii) at the end of Part B of Section 1.1 insert—

For the purposes of paragraph (c) of Part B— (a) “appliance” means a boiler, furnace, gas turbine or compression ignition engine, and (b) fuel is burned in a combination of appliances where two or more appliances are operated on the same site.

• (iii) in Section 5.3 (disposal or recovery of hazardous waste), in paragraph (a) of Part A, after “Chapter” insert “or in Part 1 of Schedule 2”;

• (iv) in Section 5.4 (disposal, recovery or a mix of disposal or recovery of non-hazardous waste), in paragraph (a)(iii) of Part A after “pre-treatment” insert “of”; and

• (v) in Section 6.6 (timber activities)—

• (aa) in Part A, after “products” omit “wood”; and

• (bb) in the definition of “relevant activity” for “planning” substitute “planing”; and

• (b) in Part 2 (interpretation of Schedule), in paragraph 2(2) for “Paragraph” substitute “Sub-paragraph”.

Schedule 1A

11

After Schedule 1 insert Schedule 1A as specified in the Schedule.

Grant of permits

12

In Schedule 4 (grant of permits), in paragraph 20(2)(c) for “period of 28” substitute “day period”.

Variation of permits

13

In Schedule 7 (variation of permits)—

• (a) in paragraph 2(2), for “(1)” substitute “(3)”; and

• (b) in paragraph 4—

• (i) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraphs (2) and (3), this paragraph applies where— (a) an application for variation is made under regulation 46 that will, if granted, authorise a substantial change in operation of an installation or mobile plant, (b) SEPA proposes to serve a variation notice for a variation that will authorise— (i) a substantial change in operation of an installation or mobile plant, or (ii) a variation of a permit for a Part A installation as a result of a review under regulation 44(1)(a), or (c) SEPA makes a determination that this paragraph applies to a proposed variation.

; and

• (ii) in sub-paragraph (8)(b) for “landfall” substitute “landfill”.

Savings and transitional provisions

14

In Schedule 10 (savings and transitional provisions)—

• (a) in paragraph 3(2)(b), for “in” where it second occurs substitute “before”;

• (b) in paragraph 5, in row 1 of Table 1, for “(c)(ii)” substitute “(d)”;

• (c) in paragraph 7(1), for “2011” substitute “2001”;

• (d) in paragraph 11—

• (i) in sub-paragraph (1), after “installation” insert “or a solvents installation”; and

• (ii) in sub-paragraph (2)(a)(i), after “incident” insert “or accident”; and

• (e) in paragraph 13(2), for “(2) and (3)” substitute “(3) and (4)”.

SCHEDULE — Schedule 1A inserted into the Principal Regulations

Signed

PAUL WHEELHOUSE — Authorised to sign by the Scottish Ministers — 8th October 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Pollution Prevention and Control (Scotland) Regulations 2012 (“the principal Regulations”).

They transpose Article 14(5) to (8) of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency (“the Energy Efficiency Directive”), and otherwise amend the principal Regulations.

Regulation 7 further transposes Article 7 of Directive 2010/75 of the European Parliament and of the Council on industrial emissions (OJ L 334, 17.12.2010, p.17). It has the effect that SEPA must include in any new permit authorising the operation of a solvents installation a condition requiring the operator of the installation to notify SEPA of any incident or accident significantly affecting the environment.

Regulation 9 provides for it to be offence to carry out a substantial refurbishment on an installation to which new Schedule 1A of the principal Regulations applies except as authorised by a permit, and for penalties in that respect.

Regulation 10 inserts a new activity into Part B of Section 1.1 of Schedule 1 to the principal Regulations, namely the burning of any fuel in a combination of appliances with a total rated thermal input of more than 20 megawatts and less than 50 megawatts, which has the effect that the principal Regulations will apply to all the types of combustion activity at installations as required by the Energy Efficiency Directive.

Regulation 11 and the Schedule insert a new Schedule 1A into the principal Regulations. The new Schedule applies to specified installations (paragraphs 1 to 3), provides for a cost-benefit analysis to be carried out for the purposes of the Energy Efficiency Directive (paragraphs 4 to 11), for conditions to be included in a permit where the cost-benefit analysis shows that waste heat from an installation can be utilised in accordance with that Directive (paragraphs 12 to 17), and for the definition of terms used in the new Schedule (paragraph 18).

Regulation 13 substitutes an amended paragraph 4(1) of Schedule 7 to the principal Regulations, and has the further effect that provisions on notification and advertisement of proposed variations in that paragraph do not apply where an application for variation if granted will not authorise a substantial change in operation (as defined in regulation 2(1) of the principal Regulations).

These Regulations also make miscellaneous changes to the principal Regulations to correct minor errors.

A Business and Regulatory Impact Assessment has been prepared, and placed in the Scottish Parliament Information Centre. A copy can be obtained from the Environmental Quality Division, Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.

Footnotes

[^f00001]: 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 Pollution Prevention and Control Act 1999 (“the 1999 Act”) and S.I. 2008/1776, and by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2008 (S.I. 2008/1776). The 1999 Act is to be read subject to the gloss in section 45(3) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, so that the maximum period of imprisonment that can be imposed on summary conviction of an offence triable either way under these Regulations is 12 months. Directive 2008/98/EC (OJ L 312, 22.11.2008, p.3), Directive 2008/1/EC (OJ L 24, 29.01.2008, p.8; as amended by Directive 2009/31/EC) and Directive 2000/60/EC (OJ L 327, 22.12.2000, p.1; as amended by Directives 2008/105/EC and 2009/31/EC, and by Decision 2455/2001/EC) were designated for the purposes of paragraph 20 of Part 1 of Schedule 1 to the 1999 Act by S.S.I. 2010/131. Directive 2008/112/EC (OJ L 345, 23.12.2008, p.68) was designated for those purposes by S.S.I. 2010/235. Directive 2010/75/EU (OJ L 334, 17.12.2010, p.17) was designated for those purposes by S.S.I. 2011/423. Directive 2012/27/EU (OJ L 315, 14.11.2012, p.1) was designated for those purposes by S.S.I. 2013/321.

[^f00002]: S.S.I. 2012/360, as amended by S.I. 2014/469.

[^f00003]: OJ L 315, 14.11.2012, p.1, as amended by Council Directive 2013/12/EU (OJ L 141, 28.5.2013, p.28).

[^f00004]: OJ L 140, 5.6.2009, p.114.