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The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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(1) Measurements for the determination of concentrations of air and water polluting substances must be carried out representatively.

(2) The following assessments must be carried out in accordance with relevant British or CEN standards, or where those are not available, ISO or other international standards which ensure the provision of data of an equivalent scientific quality—

(a) sampling and analysis of all polluting substances including dioxins and furans,

(b) quality assurance of automated measuring systems,

(3) Automated measuring systems are to be subject to control by means of parallel measurements with the reference methods at least once per year.

(4) At the daily emission limit value level, the values of the 95% confidence intervals of a single measured result must not exceed the following percentages of the emission limit values for—

(a) carbon monoxide, 10%,

(b) sulphur dioxide, 20%,

(d) total dust, 30%,

(e) total organic carbon, 30%,

(f) hydrogen chloride, 40%,

(g) hydrogen fluoride, 40%.

(5) Periodic measurements of the emissions into air and water must be carried out in accordance with sub-paragraphs (1), (2) and (3).

Measurements relating to air polluting substances: requirements

25

(1) Subject to paragraph 26 of this schedule, the requirements in sub-paragraphs (2) to (8) relating to the measurement of air polluting substances must be carried out.

(2) Continuous measurements are required of—

(a) NOx, provided that emission limit values are set,

(b) CO,

(d) TOC,

(e) HCl,

(f) HF, unless treatment stages for HCl are used which ensure that the emission limit value for HCl is not exceeded, and in which case, emissions of HF may be measured—

(i) every three months during the first twelve months of operation,

(ii) two times per year in every subsequent year

(g) SO₂.

(3) Continuous measurements are required of—

(a) the temperature near the inner wall or at another representative point of the combustion chamber if authorised by SEPA,

(b) concentration of oxygen,

(d) temperature,

(e) water vapour content of the waste gas, unless the sampled waste gas is dried before emissions are analysed.

(4) For heavy metals, dioxins, furans, dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons, measurements are required—

(a) every three months during the first twelve months of operation,

(b) two times per year in every subsequent year.

(5) Appropriate verification of residence time, minimum temperature and the oxygen content of the waste gases is required in relation to the measurements in this paragraph.

(6) “Appropriate verification” in sub-paragraph (5) means—

(a) at least once when the waste incineration plant or waste co-incineration plant is brought into service, and

(b) at least once under the most unfavourable operating conditions anticipated.

(7) The results of the measurements in this paragraph are required to be standardised—

(a) using the standard oxygen concentrations in Chapter 3 of this schedule—

(i) 11% oxygen in waste gas,

(ii) 3% oxygen in the case of mineral waste oil,

(b) calculated in accordance with Chapter 4 and by applying the formula in Chapter 7 of this schedule, or

(c) where waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, at an oxygen content specified by SEPA in authorisation conditions.

(8) Where emissions of polluting substances are reduced by waste gas treatment in a waste incineration plant or waste co-incineration plant treating hazardous waste, standardisation in accordance with sub-paragraph (7) is only to be done if the oxygen content measured over the same period as for the polluting substance concerned exceeds the relevant standard oxygen content.

Measurements relating to air polluting substances: SEPA discretion as to requirements

26

(1) SEPA may decide not to require continuous measurement and require periodic measurement or no measurement of any one or more of HCl, HF and SO₂ where the authorised person can demonstrate that emissions of those substances cannot be higher than the prescribed emission limit values under any circumstance.

(2) SEPA may decide not to require continuous measurement and require periodic measurements of NOx in an existing waste incineration plant or an existing waste co-incineration plant with a nominal capacity of less than 6 tonnes per hour where the authorised person can demonstrate that the emissions of NOx cannot under any circumstances be higher than the prescribed emission limit value based upon—

(a) information on the quality of the waste concerned,

(b) the technologies used,

(3) SEPA may require one measurement every two years for heavy metals and one measurement every year for dioxins and furans where the following circumstances apply—

(a) the emissions resulting from co-incineration or incineration of waste are below 50% of the emission limit values under all circumstances,

(b) the waste to be co-incinerated or incinerated consists only of sorted combustible fractions of non-hazardous waste not suitable for recycling, and

(c) the authorised person can demonstrate on the basis of information on the quality of the waste concerned and emissions monitoring that under all circumstances, emissions are significantly below the emission limit values for heavy metals and dioxins and furans.

(4) In this paragraph, “periodic measurement” means—

(a) every three months during the first twelve months of operation,

(b) two times per year in every subsequent year.

Measurements relating to water polluting substances

27

(1) The following measurements must be carried out at the point of wastewater discharge—

(a) continuous measurements of pH, temperature and flow,

(b) spot sample daily measurements of total suspended solids or measurements of a flow proportional representative sample over a period of 24 hours,

(c) at least monthly measurements of a flow proportional representative sample of the discharge over a period of 24 hours of Hg, Cd, Tl, As, Pb, Cr, Cu, Ni and Zn,

(d) for the first 12 months of operation, measurements of dioxins and furans at least every three months,

(e) for every subsequent year of operation, measurements of dioxins and furans at least every 6 months.

(2) Where the wastewater from the cleaning of waste gases is treated on site collectively with other on-site sources of wastewater, the measurements must be taken—

(a) on the wastewater stream from the waste gas cleaning processes prior to its input into the collective wastewater treatment plant,

(b) on the other wastewater stream or streams prior to its or their input into the collective wastewater treatment plant,

(c) at the point of final wastewater discharge, after the treatment, from the waste incineration plant or waste co-incineration plant.

CHAPTER7 — Formula to calculate the emission concentration at the standard percentage oxygen concentration

Formula

28

(1) The following formula is to be used to calculate the emission concentration at the standard percentage oxygen concentration—

$ES=21-OS21-OM×EM$

(2) In sub-paragraph (1)—

“ES” means calculated emission concentration at the standard percentage oxygen concentration,

“EM” means measured emission concentration,

“OS” means standard oxygen concentration,

“OM” means measured oxygen concentration.

CHAPTER8 — Assessment of compliance with emission limit values

Air emission limit values: general compliance

29

The emission limit values for air are to be regarded as being complied with where—

(a) none of the daily average values exceed any of the emission limit values set out in paragraph 18(4) of this schedule or as calculated in accordance with Chapter 4 of this schedule,

(i) none of the half-hourly average values exceeds any of the emission limit values set out in column 1 of Table 3 under paragraph 18(5) of this schedule, or

(ii) where relevant, 97% of the half-hourly average values over the year do not exceed any of the emission limit values set out in column 2 of Table 3 under paragraph 18(5) of this schedule,

(c) none of the average values over the sampling period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in paragraph 18(6) and (7) of this schedule or as calculated in accordance with Chapter 4 of this schedule.

Air emission limit values: carbon monoxide compliance

30

(1) The emission limit values for air, relating to carbon monoxide for waste incineration plants are complied with, where—

(a) at least 97% of the daily average values over the year do not exceed the emission limit value set out in paragraph 18(8)(a)(i) of this schedule, and

(b) at least 95% of all 10-minute average values taken in any 24- hour period or all of the half-hourly average values taken in the same period do not exceed the emission limit values set out in paragraph 18(8)(a)(ii) and (iii) of this schedule,

(2) In relation to sub-paragraph (1)(b), SEPA may apply an evaluation period of 7 days for the 10-minute average values, where the gas resulting from the incineration process is raised to a temperature of at least 1, 100°C for at least two seconds.

(3) The emission limit values for air, relating to carbon monoxide for waste co-incineration plants, are complied with where the provisions of Chapter 4 of this schedule are met.

Air emission limit values: determination of average values

31

(1) The following requirements apply to the determination of average values related to air emission limit values in paragraphs 29 and 30 of this schedule—

(a) half-hourly average values and the 10-minute averages must be determined within the effective operating time (excluding the start-up and shut-down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in paragraph 24(4) of this schedule,

(b) daily average values must be determined from the validated average values determined under sub-paragraph (a),

(c) in determining a valid daily average value, no more than five half-hourly average values in any day may be discarded due to malfunction or maintenance of the continuous measurement system,

(d) no more than ten daily average values per year may be discarded due to malfunction or maintenance of the continuous measurement system.

(2) For periodical measurements of HF, HCl and SO₂, average values over the sampling period, and the average values, must be determined in accordance with the requirements of paragraphs 5(1)(e), 7(c), and 24 of this schedule.

Water emission limit values

32

Emission limit values for water are to be regarded as complied with if—

(a) for total suspended solids 95% and 100% of the measured values do not exceed the respective emission limit values as set out in Chapter 5 of this schedule,

(b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than one measurement per year exceeds the emission limit values set out in Chapter 5 or, where authorisation conditions require more than 20 samples per year, no more than 5% of these samples exceed the emission limit values set out in Chapter 5 of this schedule,

(c) for dioxins and furans, the measurement results do not exceed the emission limit value set out in Chapter 5 of this schedule.

SCHEDULE23 — ORGANIC SOLVENT EMISSIONS ACTIVITIES

PART1 — Scope and Interpretation

Scope

1

(1) This schedule applies to organic solvent emissions activities.

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) the definition of organic solvent emissions activity.

Interpretation: organic solvent emissions activity

2

(1) An activity listed in column 1 of Table 1 is an organic solvent emissions activity if it is operated at or above the solvent consumption threshold (“SCT”) as described in column 2 of that table.

(2) An activity listed in Table 1 is deemed to be operated above the solvent consumption threshold if it is likely to be operated above that threshold in any period of 12 months.

(3) An activity listed in Table 1 includes the cleaning of equipment in respect of the activity but not, except for a surface cleaning activity, the cleaning of products.

(4) Where an activity listed in Table 1 is carried out in different parts of a stationary technical unit, or in different units on the same site, the capacities of each part or unit are added together and the total capacity attributed to each part or unit for the purpose of determining whether the activity is operated above the threshold.

Activity	SCT (tonnes/year)
1. Heatset web offset printing	15
2. Publication rotogravure	25
3(a). Other rotogravure, flexography, rotary screen printing (other than that described in 3(b)), laminating or varnishing units	15
3(b). Rotary screen printing on textiles or cardboard	30
4. Surface cleaning using substances that are hazard statement solvent substances	1
5. Other surface cleaning	2
6. Vehicle coating and vehicle refinishing	0.5
7. Coil coating	25
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating	5
9. Winding wire coating	5
10. Coating activity applied to wooden surfaces	15
11. Dry cleaning	0
12. Wood impregnation	25
13. Coating activity applied to leather	10
14. Footwear manufacture	5
15. Wood and plastic lamination	5
16. Adhesive coating	5
17. Manufacture of coating mixtures, varnishes, inks and adhesives	100
18. Rubber Conversion	15
19. Vegetable oil and animal fat extraction and vegetable oil refining activities	10
20. Manufacturing of pharmaceutical products	50

Interpretation: general

3

(1) In this schedule—

“adhesive” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product,

“adhesive coating” means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities,

“coating material” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface,

“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating material is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques,

“coil coating” means any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process,

“consumption” means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for re-use,

“contained conditions” means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are, therefore, not entirely fugitive,

“dry cleaning” means any industrial or commercial activity using volatile organic compounds in an installation to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry,

“existing installation” means an installation in operation on 29 March 1999 or which was granted a permit or registered before 1 April 2001 or the authorised person of which submitted a complete application for a permit before 1 April 2001, provided that that installation was put in operation no later than 1 April 2002,

“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and using liquid inks which dry through evaporation,

“footwear manufacture” means any activity of producing complete footwear or parts of footwear,

“heatset web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—the non-printing area is treated to attract water and reject ink,the printing area is treated to receive and transmit ink to the surface to be printed, andevaporation takes place in the oven where hot air is used to heat the printed material,

“ink” means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface,

“input” means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity,

“laminating associated to a printing activity” means the adhering together of 2 or more flexible materials to produce laminates,

“manufacturing of coating mixtures, varnishes, inks and adhesives” means the manufacture of coating mixtures, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates, by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—dispersion and pre-dispersion activities,viscosity and tint adjustments, andoperations for filling the final product into its container,

“manufacturing of pharmaceutical products” means an activity that involves the—chemical synthesis,fermentation,extraction,formulation, orfinishingof pharmaceutical products, and where carried out at the same site, the manufacture of intermediate products,

“mixture” has the meaning given in Article 3(2) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC, 93/105/EC and 2000/21/EC,

“organic solvent” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, as a—cleaning agent to dissolve contaminants,dissolver,dispersion medium,viscosity adjuster,surface tension adjuster,plasticiser,preservative,

“other coating activities” means a coating activity applied to—metallic and plastic surfaces, including surfaces of airplanes, ships or trains,textiles or fabric,film and paper surfaces,

“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques,

“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks,

“re-use” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste,

“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off,

“rotogravure” means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from those recesses,

“rubber conversion” means—any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber,any ancillary operations for converting natural or synthetic rubber into a finished product,

“start-up and shut-down operations” means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state,

“surface cleaning” means any activity, other than dry cleaning or the cleaning of equipment, using organic solvents to remove contamination from the surface of material including degreasing, and a cleaning activity consisting of more than one step before or after any activity is to be considered as one surface cleaning activity,

“total emissions” means the sum of fugitive emissions and emissions in waste gases,

“varnish” means a transparent coating material,

“varnishing” means an activity by which varnish or an adhesive coating material for the purpose of sealing the packaging material is applied to a flexible material,

“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter,

“vehicle category” has the meaning given in article 4 of Regulation 2018/859 of the European Parliament and Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

“vehicle coating” means—the original coating of road vehicles in the vehicle category M and N, or part of them,the original coating of trailers (including semi-trailers) in the vehicle category O,

“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—the original coating of road vehicles, or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line,the coating of trailers (including semi-trailers) in the vehicle category O,

“waste gases” means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air,

“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets,

“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors etc.,

“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products,

“wood impregnation” means any activity giving a loading of preservative in timber.

(2) In this schedule, “fugitive emissions” means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless excluded by sub-paragraph (3).

(3) Fugitive emissions do not include—

(a) in relation to heatset web offset printing, solvent residue in finished product or products,

(b) in relation to the manufacture of coating, mixture, varnishes, inks and adhesives, solvent sold as part of a coatings mixture in a sealed container.

(d) in relation to the manufacture of pharmaceutical products, solvent sold as part of products or mixtures in a sealed container.

(4) In this schedule, “hazard statement solvent substance” means a substance or mixture which is classified as a carcinogen, mutagen or as toxic to reproduction under Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending an repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, where the contents include—

(a) a volatile organic compound, which is assigned or needs to carry the hazard statements H340, H350, H350i, H360D and H360F, or

(b) a halogenated volatile organic compound, which is assigned or needs to carry the hazard statements H341 and H351.

PART2 — Amendments to common framework provisions

Applications for authorisations

4

An application for an authorisation for an organic solvents emission activity must, in addition to any other requirements imposed by the Regulations, include a description of the measures which are expected to ensure that the installation is designed and equipped, and the activity will be conducted in a manner that will ensure the requirements of these Regulations are met, including—

(a) details of any reduction scheme the authorised person intends to use and a timetable for replacing as far as possible and within the shortest possible time any hazard statement solvent substance included in paragraph 3(4)(a) of this schedule to be used in the activity with less harmful compounds,

(b) for the volatile organic compounds referred in paragraph 3(4)(a) of this schedule, and the halogenated volatile organic compounds in paragraph 3(4)(b) of this schedule to be used in the activity, how the emission limit values in paragraph 7 and 8 of this schedule will be complied with.

Authorisation conditions: substitution of hazardous substances

5

SEPA must ensure that an authorisation for organic solvents emissions activities includes such conditions as it considers appropriate to ensure that hazard statement solvent substances in paragraph 3(4)(a) of this schedule are replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Authorisation conditions: control of emissions

6

(1) SEPA must ensure that an authorisation for organic solvents emissions activities includes such conditions as it considers appropriate to ensure—

(a) that the emission of volatile organic compounds from an installation does not exceed—

(i) the emission limit values in waste gases and the fugitive emission limit values,

(ii) the total emission limit values, and

(b) that the activity complies with paragraphs 13 and 14 of this schedule where applicable.

(2) Sub-paragraph (1) does not apply where the authorised person has satisfied SEPA that—

(a) they have complied with the requirements of a reduction scheme set out in paragraphs 19 and 20 of this schedule, and

(b) an equivalent emissions reduction has been achieved as compared to that which would have been achieved through the application of the emission limit values referred to in sub-paragraph (1)(a).

(3) Where sub-paragraph (1) does not apply as a result of sub-paragraph (2), SEPA must ensure that the authorisation for the organic solvents emissions activity includes such conditions as it considers appropriate to ensure that an equivalent emissions reduction is achieved to that which would be achieved through the application of sub-paragraph (1).

(4) The emission limit values in sub-paragraph (1)(a) may be exceeded where, in the opinion of SEPA, in relation to a particular installation—

(a) the emission limit value for fugitive emissions is not technically and economically feasible,

(b) exceeding the emission limit values will not result in significant risks to human health or the environment, and

(5) Sub-paragraphs (1) and (2) do not apply in relation to coating activities (activity 8), which cannot be carried out under contained conditions where, in the opinion of SEPA—

(a) compliance with the requirements of sub-paragraph (1) or (2) is not technically and economically feasible, and

(b) best available techniques are being used.

Authorisation conditions: control of emissions of hazard statement solvent substances

7

(1) SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers appropriate to ensure that emissions of hazard statement solvent substances—

(a) are controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment, and

(b) do not exceed emission limit values of—

(i) 2 mg/Nm³ where the mass flow of the mass sum of the individual hazard statement solvent substances referred to in paragraph 3(4)(a) of this schedule is equal to, or greater than 10 g/h,

(ii) 20 mg/Nm³ where the mass flow of the mass sum of the individual hazard statement solvent substances referred to in paragraph 3(4)(b) of this schedule is equal to or greater than 100 g/h.

(2) The emission limit values in sub-paragraph (1)(b) refer to the mass sum of the individual hazard statement solvent substances.

Authorisation conditions: aggregation

8

SEPA must ensure that an authorisation for an organic solvent emission activity includes such conditions as it considers appropriate to ensure that for installations where two or more organic solvent emissions activities are carried out, each of which exceeds the thresholds in Table 1—

(a) in relation to hazard statement solvent substances specified in paragraph 7 of this schedule, the requirements of that paragraph are met for each activity individually,

(b) in relation to all other substances—

(i) the requirements of paragraph 6 of this schedule are met for each activity individually, or

(ii) the total emissions of volatile organic compounds do not exceed those which would have resulted had head (i) not been applied.

Authorisation conditions: start-up and shut-down

9

SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers appropriate to ensure that all appropriate precautions are taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.

Authorisation conditions: monitoring of emissions

10

(1) SEPA must ensure that an authorisation for an organic solvent emission activity includes such conditions as it considers appropriate to ensure that measurements of emissions are carried out in accordance with the requirements in sub-paragraph (2).

(2) the requirements are that—

(a) continuous monitoring for compliance of the waste gas emissions is required where—

(i) abatement equipment is connected prior to the final point of discharge, and

(ii) the final discharge contains more than an average of 10 kg/h of total organic carbon,

(b) in cases other than that in sub-paragraph (a)—

(i) monitoring may be continuous or periodic,

(ii) where monitoring is periodic, at least three measurement values are to be obtained during each measurement exercise,

Compliance: emissions

11

SEPA must regard emission limit values in waste gases as having been complied with where—

(a) in the case of continuous measurements—

(i) none of the arithmetic averages of all valid readings taken during any 24-hour period of operation of an installation or activity except start-up and shut-down operations and maintenance of equipment exceeds the emission limit values,

(ii) none of the hourly averages exceeds the emission limit values by more than a factor of 1.5,

(b) in the case of periodic measurements if, in one monitoring exercise—

(i) the average of all the measurement values does not exceed the emission limit values,

(ii) none of the hourly averages exceeds the emission limit value by more than a factor of 1.5,

(c) compliance with conditions imposed under paragraph 7 of this schedule are to be verified on the basis of the sum of the mass concentrations of the individual volatile organic compounds concerned,

(d) for all other cases, compliance is to be verified on the basis of the total mass of organic carbon emitted unless otherwise specified in paragraph 13 of this schedule,

(e) gas volumes may be added to the waste gas for cooling or dilution purposes where technically justified but is not to be considered when determining the mass concentration of the pollutant in the waste gas.

Compliance: collection and reporting of data

12

(1) SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers necessary to ensure that the following records are kept in order to verify compliance with authorisation conditions—

(a) emission limit values in waste gases, fugitive emission limit values, and total emission limit values,

(b) the requirements of the reduction scheme under paragraphs 19 and 20 of this schedule,

(d) if applicable, a solvent management plan prepared in accordance with paragraphs 16 to 18 of this schedule.

(2) Records referred to in sub-paragraph (1) are to be kept for a period of 6 years.

Compliance: emission limit values

13

(1) Emission limit values for solvent emissions activities are to be determined in accordance with Table 2—

Activity	Threshold (solvent consumption threshold in tonnes/year)	Emission limit values in waste gases (mg C/Nm³)	Fugitive emission limit values (percentage of solvent input)	Total Emission Limit Values
(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.
(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.
(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.
(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.
(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.
(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.
(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.
1. Heatset web offset printing	1. 15 -252. >25	1. 1002. 20	1. 302. 30
2. Publication rotogravure		75	New installations: 10Existing: 15
3(a). Other rotogravure, flexography, rotary screen printing (other than that described in 3(b)), laminating or varnishing units	1. 15-252. >25	1. 1002. 100	1. 252. 20
3(b). Rotary screen printing on textiles or cardboard	1. >30	100	20
4. Surface cleaning using substances that are hazard statement solvent substances	1. 1-52. >5	1. 202. 20[^f01043]	1. 152. 10
5. Other surface cleaning [^f01044]	1. 2-102. >10	1. 752. 75	1. 202. 15
6. Vehicle coating (<15) and vehicle refinishing	>0.5	50 [^f01045]	25
7. Coil coating		1. Installations using techniques allowing the reuse of recovered solvents: 150	New installations: 5Existing installations: 10
7. Coil coating		2. All other installations: 50	New installations: 5Existing installations: 10
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	1. 100 (coating application and drying processes operated under contained conditions)	1. 252. 20
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	2. 50 (drying)75 (coating application processes)	1. 252. 20
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	Textile coating installations which use techniques which allow reuse of recovered solvents: 150	1. 252. 20
9. Winding wire coating				Installations where diameter of wire ≤ 0.1 mm: 10 g/kg
9. Winding wire coating				All other installations: 5 g/kg
10. Coating activity applied to wooden surfaces	1. 15 -252. >25	1. 100 (coating application and drying processes under contained conditions)	1. 252. 20
10. Coating activity applied to wooden surfaces	1. 15 -252. >25	2. Drying processes: 50Coating processes: 75	1. 252. 20
11. Dry cleaning[^f01047]				Mass of solvent emitted per kilogram of product cleaned and dried: 20 g/kg
11. Dry cleaning[^f01047]				Paragraph 7(2)(b) does not apply to this activity.
12. Wood impregnation		100 [^f01048]	45	11 kg/m³
13. Coating activity applied to leather	1. 10-252. > 253. >10 (for leather coating activities in furnishing and particular leather goods used as small consumer goods)			1. 85 g/m²2. 75 g/m²3. 150 g/m²
14. Footwear manufacture				25 g per pair
15. Wood and plastic lamination			30 g/m²
16. Adhesive coating	1. 5-152. >15	1. 502. 50For both: 150 where techniques are used which allow reuse of recovered solvent.	1. 252. 20
17. Manufacture of coating mixtures, varnishes, inks and adhesives	1. 100-10002. >1000	1. 1502. 150	1. 52. 3	1. 5% of solvent input2. 3% of solvent input
18. Rubber Conversion		20Where techniques are used which allow reuse of recovered solvent: 150	25	25% of solvent input
19. Vegetable oil and animal fat extraction and vegetable oil refining activities				1. Animal fat: 1.5 kg/tonne2. Castor: 3 kg/ tonne3. Rape seed: 1 kg/tonne4. Sunflower seed: 1 kg/tonne5. Soya beans (normal crush): 0.8 kg/tonne6. Soya beans (white flakes): 1.2 kg/tonne7. Other seeds and other vegetable matter: 3 kg/tonne[^f01049]8. Fractionation processes excluding de-gumming (the removal of gums from the oils): 1.5 kg/tonne9. De-gumming: 4 kg/tonne
20. Manufacturing of pharmaceutical products		20If techniques are used which allow reused of recovered solvent: 150	New installations: 5Existing installations: 15	New installations: 5% of solvent inputExisting installations: 15% of solvent input

(2) All emission limit values in waste gases are to be calculated at a temperature of 273.15K and a pressure of 101.3kPa.

Emission limit values: vehicle coating industry

14

(1) Emission limit values for installations in the vehicle coating industry are to be calculated in accordance with this paragraph.

(2) Total emission limit values are expressed in terms of grams of organic solvent emitted in relation to the surface area of product in square metres and in kilograms of organic solvent emitted in relation to the car body.

(3) The surface area of any product included in Table 3 is defined as the surface area calculated from the total electrophoretic coating area, and the surface area of any parts that might be added in successive phases of the coating process which are coated with the same coatings as those used for the product in question, or the total surface area of the product coated in the installation.

(4) The surface of the electrophoretic coating area is calculated using the following formula—

$2×total weight of product shellaverage thickness of metal sheet×density of metal sheet$

(5) The method in sub-paragraph (4) is to be applied for other coated parts made out of sheets.

(6) Computer aided design or other equivalent methods are to be used to calculate the surface area of the other parts added, or the total surface area coated in the installation.

(7) The total emission limit values in Table 3 below refer to all process stages carried out at the same installation from electrophoretic coating, or any other kind of coating process, through to the final wax and polish of top-coating inclusive, as well as solvent used in cleaning of process equipment, including spray booths and other fixed equipment, both during and outside of production time.

(8) Vehicle coating installations below the solvent consumption thresholds mentioned in Table 3 must meet the requirements for the vehicle refinishing sector set out in Table 2—

Activity (solvent consumption threshold in tonnes/year)	Production threshold (refers to annual production of coated item)	*Total EmissionNew installations***	*Limit ValueExisting installations***
Coating of new cars (>15)	>5000	45 g/m² or 1.3 kg/body + 33 g/m²	60 g/m² or 1/9 kg/body + 41 g/m²
	≤ 5000 monocoque or > 3500 chassis-built	90 g/m² or 1.5 kg/body + 70 g/m²	90 g/m2 or 1.5 kg/body + 41 g/m²
		Total emission limit	Value (g/m²)
Coating of new	≤ 5000	65	85
truck cabins (>15)	>5000	55	75
Coating of new vans	≤ 2500	90	120
and trucks (>15)	<2500	70	90
Coating of new	≤ 2000	210	290
Buses (>15)	>2000	150	225

Authorisations: substantial change

15

(1) A substantial change cannot be made in the absence of an authorisation variation.

(2) Where a solvents installation has obtained an authorisation variation required as a result of a substantial change, SEPA must confirm compliance of the installation with the requirements of this schedule by means of an environmental inspection.

PART3 — Solvent management plans and reduction schemes

Solvent management plans: requirements

16

(1) A solvent management plan is to be used to—

(a) verify compliance in accordance with paragraph 11 and 13 of this schedule,

(b) identify future reduction options,

(c) enable the provision of information on solvent consumption, solvent emissions and compliance with the requirements of this schedule to the public.

(2) SEPA must ensure that authorisations for organic solvents activities contain conditions as it considers appropriate to ensure that a solvent management plan is used in accordance with the requirements in sub-paragraph (1).

Solvent management plans: interpretation

17

For the purposes of this Part—

(a) In relation to inputs of organic solvents (I)—

“I1” refers to the quantity of organic solvents or their quantity in mixtures purchased which are used as input into the process in the time frame over which the mass balance is being calculated,

“I2” refers to the quantity of organic solvents or their quantity in mixtures recovered and reused as solvent input into the process. The recycled solvent is counted every time it is used to carry out the activity,In relation to outputs of organic solvents (O)—

“O1” refers to emissions in waste gases,

“O2” refers to organic solvents lost in water, taking into account wastewater treatment when calculating O5,

“O3” refers to the quantity of organic solvents which remains as contamination or residue in products output from the process,

“O4” refers to uncaptured emissions of organic solvents into air. This includes the general ventilation of rooms, where air is released to the outside environment via windows, doors, vents and similar openings,

“O5” refers to organic solvents and/or organic compounds lost due to chemical or physical reactions (including those which are destroyed, by incineration or other waste gas or wastewater treatments, or captured, as long as they are not counted under O6, O7 or O8),

“O6” refers to organic solvents contained in collected waste,

“O7” refers to organic solvents, or organic solvents contained in mixtures, which are sold or are intended to be sold as a commercially valuable product,

“O8” refers to organic solvents contained in mixtures recovered for reuse but not as input into the process, as long as not counted under O7,

“O9” refers to organic solvents released in other ways.

Use of solvent management plans for verification of compliance

18

(1) The use made of a solvent management plan is to be determined by the particular requirement that is to be verified in accordance with this paragraph.

(2) The verification of compliance with a reduction scheme as set out in paragraphs 19 and 20 of this schedule, with a total emission limit value expressed in solvent emissions per unit product, or as otherwise stated in paragraphs 13 and 14 of this schedule, is as stated in this sub-paragraph—

(a) for all activities using the reduction scheme set out in paragraphs 19 and 20 of this schedule—

(i) the solvent management plan must be drawn up annually to determine the consumption (C),

(ii) consumption (C) is to be calculated according to the following equation—

$C=I1-O8$

(iii) a parallel exercise must also be undertaken to determine solids used in coating to derive the annual reference emission and the target emission each year,

(b) for assessing compliance with a total emission limit value expressed in solvent emissions per unit product or otherwise stated in paragraphs 13 and 14 of this schedule—

(i) the solvent emission plan must be drawn up annually to determine the emissions (E),

(ii) emissions (E) are to be calculated according to the following equation—

$E=F±O1$

(iii) F refers to fugitive emissions,

(iv) the emission figure must then be divided by the relevant product parameter.

(c) For assessing compliance with the requirements of paragraphs 6 and 7 of this schedule, the solvent management plan must be drawn up annually to determine total emissions from all activities concerned, and that figure is then to be compared with the total emissions that would have resulted had the requirements of paragraphs 13, 14, 19 and 20 of this schedule been met for each activity separately.

(3) The determination of fugitive emissions for comparison with the fugitive emission limit values in paragraph 13 of this schedule is as stated in this sub-paragraph—

(a) fugitive emissions are to be calculated by one of the following equations—

(i) F = I1 – O1 – O5 – O6 – O7 – O8,

(ii) F = O2 + O3 + O4 + O9,

(iii) F is to be determined by direct measurement of the quantities or by an equivalent method or calculation such as using the capture efficiency of the process,

(iv) fugitive emission limit value is expressed as a proportion of the input which is to be calculated by the following equation—

I = I1 + I2,

(b) determination of fugitive emissions is to be done by a short but comprehensive set of measurements and does not need to be done again unless equipment is modified.

Reduction schemes: authorisation

19

SEPA may authorise by way of appropriate conditions any reduction scheme specially designed for a solvents installation.

Reduction schemes: principles and requirements

20

(1) A reduction scheme for applying coatings, varnishes, adhesives or inks must take the following into account—

(a) where substitutes containing little or no solvent are still under development, a time extension must be granted to the authorised person to implement the emission reduction plans,

(b) the reference point for emission reductions should correspond as closely as possible to the emissions which would have resulted had no reduction action been taken.

(2) The reduction scheme for installations for which a constant solid content of product can be assumed is as follows—

(a) the annual reference emission is calculated as follows—

(i) the total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in a year is determined,

(ii) for the purposes of sub-paragraph (i), solids are all materials in coatings, inks, varnishes and adhesives that become solid once the water or the volatile organic compounds are evaporated,

(iii) the annual reference emissions are calculated by multiplying the mass determined in (i) by the appropriate factor listed in Table 4 below,

(iv) SEPA may adjust these factors for individual installations to reflect documented increased efficiency in the use of solids,

Activity	Multiplication factor for use in sub-paragraph (2)(a)(iii)
Rotogravure printing, flexography printing, laminating as part of a printing activity, varnishing as part of a printing activity, wood coating, coating of textiles, fabric film or paper, adhesive coating	4
Coil coating, vehicle refinishing	3
Food contact coating, aerospace coatings	2.33
Other coatings and rotary screen printing	1.5

(b) the target emission is equal to the annual reference emission multiplied by a percentage equal to—

(i) (the fugitive emission limit value + 15), for installations falling within item 6 and the lower threshold band of items 8 and 10 in Table 2,

(ii) (the fugitive emission limit value + 5) for all other installations,

(c) compliance is achieved if the actual solvent emission determined from the solvent management plan is less than or equal to the target emission.

(3) SEPA may authorise by way of appropriate conditions any alternative scheme that will result in equivalent emission reductions to those that would have achieved with by the application of the emission limit values in paragraphs 13 or 14 of this schedule.

SCHEDULE24 — TITANIUM DIOXIDE ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to titanium dioxide activities,

(2) A “titanium dioxide activity” means—

(a) a schedule 20 emissions activity producing titanium dioxide,

(b) an organic solvent emissions activity producing titanium dioxide.

PART2 — Amendments to the common framework provisions

Authorisation conditions: disposal of waste

2

SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure the prohibition of the disposal into the water environment of any of the following waste—

(a) Solid waste,

(b) the mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process, including, but not limited to—

(i) the acid waste associated with such liquors, containing overall more than 0.5% free sulphuric acid and various heavy metals, and

(ii) mother liquors which have been diluted until they contain 0.5% or less free sulphuric acid,

(c) waste from installations applying the chloride process containing more than 0.5% free hydrochloric acid and various heavy metals, including such waste which has been diluted until it contains 0.5% or less free hydrochloric acid,

(d) filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste mentioned under sub-paragraphs (b) and (c) and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5.5.

Emissions: water

3

(1) SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure that emissions into water from installations do not exceed the emission limit values set out in this paragraph.

(2) Emissions from installations using the sulphate process, as an annual average, must not exceed 550 kilograms of sulphate per tonne of titanium dioxide produced.

(3) Emissions from installations using the chloride process, as an annual average must not exceed—

(a) 130 kilograms of chloride per tonne of titanium dioxide produced using neutral rutile,

(b) 228 kilograms of chloride per tonne of titanium dioxide produced using synthetic rutile,

(d) this sub-paragraph applies where installations discharge waste into salt water (estuarine, coastal, open sea),

(e) where sub-paragraph (d) applies, installations may be subject to an emission limit value of 450 kilograms of chloride per tonne of titanium dioxide produced using slag.

(4) For installations using—

(a) the chloride process, and

(b) more than one type of ore,

the emissions limit values in sub-paragraph (3) apply in proportion to the quantity of ores used.

Emissions: air

4

(1) SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure—

(a) the prevention of the emission of acid droplets from installations,

(b) that emissions into air from installations do not exceed the emission limit values set out in sub-paragraphs (2) to (5).

(2) Emissions for dust must not exceed—

(a) 50 mg/Nm³ as an hourly average from major sources,

(b) 150 mg/Nm³ as an hourly average from any other source.

(3) Emissions for gaseous sulphur dioxide and trioxide discharged from digestion and calcination—

(a) 6 kilograms per tonne of titanium dioxide produced as an annual average,

(b) 500 mg/Nm³ as an hourly average for plants for the concentration of waste acid.

(4) The emission limit values in sub-paragraph (3) include acid droplets calculated as a sulphur dioxide equivalent.

(5) Emissions for chlorine in the case of installations using the chloride process must not exceed—

(a) 5 mg/Nm³ as a daily average,

(b) 40 mg/Nm³ at any time.

(6) Emissions limit values in this paragraph expressed in mass per cubic meter (Nm³) are to be calculated at a temperature of 273.15K and a pressure of 101.3kPa.

Emissions: monitoring and compliance

5

SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure—

(a) the monitoring to verify compliance with permit conditions of—

(i) emissions into water,

(ii) emissions into air,

(b) the reporting of the resulting of monitoring referred to in sub-paragraph (a),

(i) gaseous sulphur dioxide and trioxide discharged from digestion and calcination from plants for the concentration of waste acid in installations using the sulphate process,

(ii) chlorine from major sources within installations using the chloride process,

(iii) dust from major sources,

(d) that monitoring is carried out in accordance with—

(i) relevant British or CEN standards, or

(ii) where relevant British or CEN standards are not available, ISO or other international standards which ensure the provision of data or an equivalent scientific quality.

SCHEDULE25 — ENERGY EFFICIENCY REQUIREMENTS FOR SPECIFIED ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to a specified activity.

(2) Paragraphs 2 and 3 apply for the interpretation of—

(a) this schedule,

(b) the definition of a specified activity.

Interpretation: specified activity

2

(1) A “specified activity” means a regulated activity—

(a) first carried on, or carried on at a plant or installation that was substantially refurbished, after 30 October 2014, and

(b) included in sub-paragraph (2) and meeting the condition in sub-paragraph (3), or included in sub-paragraph (4), subject to the exemptions in paragraph 3 of this schedule.

(2) The activities are—

(a) operating a large combustion plant,

(b) waste incineration or waste co-incineration at a waste incineration plant or waste co-incineration plant,

(d) burning any fuel in combustion plants which generate electricity on the same site with an aggregated rated thermal input of 1 MW or more as described in paragraph 1 of Chapter 1 of Part 3 of schedule 26.

(3) The condition is that the activities in sub-paragraph (2) must—

(a) generate electricity and have a rated thermal input exceeding 20 MW, or

(b) where more than one activity in sub-paragraph (2) is operated in the same place, the activities must have a total rated thermal input exceeding 20 MW.

(4) An industrial emissions activity or other emissions activity with a rated thermal input exceeding 20 MW, which—

(a) generates waste heat at a useful temperature level, or

(b) forms part of a new or existing district heating or cooling network.

Specified activity: exemptions

3

(1) A specified activity does not include—

(a) peak load and back-up electricity generating installations which operate or are planned to operate under 1,500 operating hours per year as a rolling average over a period of five years,

(b) installations that need to be located close to a geological storage site for which a licence has been granted under section 18 of the Energy Act 2008,

(c) except where the installation or plant forms part of a new or existing district heating and cooling network, the activities in paragraph 2(2) of this schedule carried on at an individual installation or plant, with any of the following—

(i) available waste heat of 100 kilowatts or less,

(ii) available waste heat—

(aa) greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in Table 1, located within the connection distance from the centre of the source installation, or

(bb) greater than 500 kilowatts as steam where there is no steam-based heat demand greater than 500 kilowatts within the search radius from the centre of the installation as set out in Table 1, located within the connection distance from the centre of the source installation,

(iii) a heat demand of—

(aa) 100 kilowatts or less for a hot water heat demand,

(bb) 500 kilowatts or less for a steam-based heat demand,

(iv) a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the demand installation as set out in Table 1, located within the connection distance from the centre of the demand installation, or

(v) a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in Table 1, located within the connection distance from the centre of the demand installation,

(2) Where this schedule does not apply to an activity as a result of sub-paragraph (1)(a) or (c), SEPA must take appropriate steps to verify that the exemption criteria are met.

(3) For the purposes of this paragraph—

“connection distance” means—in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, which is smaller, multiplied by 0.0038,in the case of steam heat link, the thermal capacity in kilowatts of the source or demand, which is smaller, multiplied by 0.0012,expressed in kilometres,

“substantially refurbished” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit.TABLE 1Search radiusInstallation typeThermal Capacity of heat source/demandSearch radius (kilometres), measured from the centre of the installationHot water demand>100 kilowatts and <3.9 megawatts0.0038 x H, where H = thermal capacity in kilowatts≥3.9 megawatts15Steam demand>500 kilowatts and <12.5 megawatts0.0012 x H, where H = thermal capacity in kilowatts≥ 12.5 megawatts15Waste heat source (hot water or steam)>100 kilowatts and <3.9 megawatts0.0038 x H = thermal capacity in kilowatts≥3.9 megawatts15

Interpretation: general

4

In this schedule—

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy,

“cogeneration unit” means a unit that is able to operate in cogeneration mode,

“cost-benefit analysis” means a cost-benefit analysis carried out in accordance with paragraph 7 of this schedule,

“economically justifiable demand” means a demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration,

“electricity from cogeneration” means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology in this schedule,

“energy” means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy,

“energy savings” means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption,

“micro-cogeneration unit” means a cogeneration unit with a maximum capacity below 50 kWe,

“overall efficiency” means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production,

“power to heat ratio” means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit,

“refurbishment” does not include the fitting of equipment to capture carbon dioxide produced by a combustion installation for the purposes of geological storage,

“small-scale cogeneration unit” means a cogeneration unit with installed capacity below 1 MW,

“unit” means any boilers, furnaces, turbines or compression ignition engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.

Interpretation: high-efficiency cogeneration

5

In this schedule, “high efficiency cogeneration” means cogeneration meeting the criteria in sub-paragraph (a) whilst using one of the cogeneration technologies in sub-paragraph (b)—

(a) the criteria are—

(i) cogeneration production from cogeneration units must provide primary energy savings calculated in accordance with paragraphs 9, 10 and 11 of this schedule of at least 10% compared with the references for separate production of heat and electricity, or

(ii) production from small-scale and micro-cogeneration units providing primary energy savings where SEPA determines that they qualify as high-efficiency cogeneration,

(b) the cogeneration technologies are—

(i) combined cycle gas turbine with heat recovery,

(ii) steam back pressure turbine,

(iii) steam condensing extraction turbine,

(iv) gas turbine with heat recovery,

(v) internal combustion engine,

(vi) microturbines,

(vii) stirling engines,

(viii) fuel cells,

(ix) steam engines,

(x) organic Rankine cycles,

(xi) any other types of technology or combination of technologies comprising cogeneration.

PART2 — Amendment of common framework provisions

Cost-benefit analysis

6

(1) An application for an authorisation for a specified activity must include a cost-benefit analysis unless sub-paragraph (2) applies.

(2) This sub-paragraph applies where a comprehensive national assessment and any associated cost-benefit analysis has demonstrated that a site-specific cost-benefit analysis is unlikely to be positive.

(3) The cost-benefit analysis must be carried out in accordance with paragraph 7 of this schedule and must—

(a) in the case of a specified activity included in paragraph 2(2) of this schedule, assess the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation,

(b) in the case of a specified activity included in paragraph 2(4) of this schedule at an installation or plant which forms part of a new or existing district heating and cooling network, assess the costs and benefits of utilising the waste heat from nearby industrial installations,

(c) in the case of a specified activity included in paragraph 2(4) of this schedule generating waste heat at a useful temperature, assess the costs and benefits of utilising the waste heat to satisfy economically justifiable demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

(4) A cost-benefit analysis may be prepared cooperatively by the authorised person for the specified activity and the operator of the heating and cooling network.

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