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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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(5) SEPA may require, by notice, that the cost-benefit analysis be prepared cooperatively with the operator of the heating and cooling network and a notice under this sub-paragraph is to be treated for the purposes of these Regulations as a notice issued under regulation 37.

Cost-benefit analysis: principles

7

SEPA must ensure that a cost-benefit analysis under this schedule is conducted in accordance with the following principles—

(a) where an electricity-only installation or plant, or an installation or plant without heat recovery is planned, a comparison must be made between the planned installations or plants, or the planned refurbishment and an equivalent installation or plant producing the same amount of electricity or process heat but recovering the waste heat and supplying heat through high-efficiency cogeneration and/or district heating and cooling networks,

(b) within a given geographical boundary the assessment must take into account the planned installation or plant and any appropriate existing or potential heat demand points that could be supplied from it, taking into account rational possibilities (for example, technical feasibility and distance),

(c) the system boundary set must include the planned installation or plant and the heat loads, such as building(s) and industrial process, within this system boundary the total cost of providing heat and power must be determined for both cases and compared,

(d) heat loads must include existing heat loads, such as an existing installation or plant, or an existing district heating system, and also, in urban areas, the heat load and costs that would exist if a group of buildings or part of a city were provided with and/or connected into a new district heating network,

(e) the cost-benefit analysis must be based on a description of the planned installation or plant and the comparison installation(s) or plants, covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating hours annually, location and electricity and thermal demand,

(f) for the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby heat demand points must be taken into account, the comparison must cover infrastructure related costs for the planned and comparison installation or plant,

(g) cost-benefit analyses must include an economic analysis covering a financial analysis reflecting actual cash flow transactions from investing in and operating individual installations or plants,

(h) projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial analysis exceeds the sum of discounted costs (cost-benefit surplus),

(i) SEPA must set guiding principles for the methodology, assumptions and time horizon for the economic analysis.

Determination of applications

8

(1) When considering an application for an authorisation, or a variation of an authorisation for a specified activity, SEPA must take into account—

(a) the outcome of the cost-benefit analysis required by paragraph 6 of this schedule,

(b) the outcome of any comprehensive national assessment carried out in compliance with Article 14(1) of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency.

(2) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(a) or (c) of this schedule shows that benefits exceed costs,SEPAmust ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity in a manner shown by that analysis to be cost beneficial.

(3) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(b) of this schedule shows that benefits exceed costs,SEPAmust ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity of the installation, in conjunction with the utilisation of the waste heat from nearby industrial installations or plants, in a manner shown by that analysis to be cost beneficial.

(4) Sub-paragraphs (2) and (3) do not apply ifSEPAdecides that there are imperative reasons of law, ownership or finance for them not to apply in respect of any application for or variation to an authorisation.

(5) SEPAmust, in any case where it makes a decision in accordance with sub-paragraph (4), submit a reasoned notification of it to the Scottish Ministers within two months after the date of the decision.

General principles for the calculation of electricity from cogeneration

9

(1) Values used for the calculation of efficiency of cogeneration and primary energy savings for units other than micro-cogeneration units are to be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(2) For micro-cogeneration units the calculation may be based on certified values.

(3) Electricity production from cogeneration is to be considered equal to total annual electricity production of the unit measured at the outlet of the main generators for—

(a) high efficiency cogeneration units falling under sub-heads (ii), (iv), (v), (vi), (vii) and (viii) in paragraph 5(b) of this schedule with an annual overall efficiency of at least 75%,

(b) high efficiency cogeneration units falling under heads (i) and (iii) of paragraph 5(b) with an annual overall efficiency of at least 80 %.

(4) For cogeneration units with an annual overall efficiency below that specified in sub-paragraph (3), cogeneration is to be calculated according to the following formula—

$ECHP=HCHP×C$

(5) In sub-paragraph (4)—

(a) ECHP is the amount of electricity from cogeneration,

(b) C is the power to heat ratio,

(c) HCHP is the amount of useful heat from cogeneration, calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine.

(6) Where actual power to heat ratio is not known for the high efficiency cogeneration units listed in Table 2, the default power to heat ratio values in Table 2 may be used where the calculated cogeneration electricity is less or equal to total electricity production of the unit—

Type of Unit	Default power to heat ration, C
Combined cycle gas turbine with heat recovery	0.95
Steam back pressure turbine	0.45
Steam condensing extraction turbine	0.45
Gas turbine with heat recovery	0.55
Internal combustion engine	0.75

(7) Where a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled this share can be subtracted from the fuel input before calculating overall efficiency in sub-paragraphs (3) and (4).

(8) SEPA may determine the power to heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.

(9) SEPA may use reporting periods other than annually for the purpose of calculating overall efficiency in sub-paragraphs (3) and (4).

Determining the efficiency of the cogeneration process

10

(1) Values used for calculation of efficiency of cogeneration and primary energy savings are to be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(2) For the purposes of this schedule, high-efficiency cogeneration must fulfil the following criteria—

(a) cogeneration production from cogeneration units must provide primary energy savings calculated according to sub-paragraph (3) of at least 10% compared with the references for separate production of heat and electricity,

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

(3) Calculation of primary energy savings provided by cogeneration production other than by micro-cogeneration units, is to be calculated on the basis of the following formula—

$PES=1-1CHP HŋRef Hŋ±CHP EŋRef Eŋ×100%$

(4) In sub-paragraph (3)—

(a) “PES” is primary energy savings,

(b) “CHP Hŋ” is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration,

(d) “CHP Eη” is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration; where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity, which is equivalent to that of mechanical energy,

(e) “Ref Eη” is the efficiency reference value for separate electricity production.

(5) SEPA may use reporting periods other than annually for the purpose of the calculation in sub-paragraph (3).

(6) the calculation of primary energy savings for micro-cogeneration units may be based on certified data.

Calculation of efficiency reference values

11

(1) SEPA must determine harmonised efficiency reference values as a matrix of values differentiated by relevant factors and taking into account the principles in sub-paragraph (3).

(2) The efficiency reference values for separate production of heat and electricity in accordance with the formula in paragraph 10(3) must establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.

(3) Efficiency reference values are to be calculated according to the following principles—

(a) for cogeneration units the comparison with separate electricity production is to be based on the principle that the same fuel categories are compared,

(b) each cogeneration unit is to be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit,

(c) the efficiency reference values for cogeneration units older than 10 years of age are to be fixed on the reference values of units of 10 years of age,

(d) the efficiency reference values for separate electricity production and heat production are to take into account the Scottish climate.

SCHEDULE26 — OTHER EMISSIONS ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to other emissions activities.

(2) This paragraph applies for the interpretation of—

(a) this schedule,

(b) schedule 27,

(d) the definition of an other emissions activity.

(3) “Other emissions activity” does not include—

(a) an activity—

(i) carried out in a working museum to demonstrate an industrial activity of historic interest,

(ii) carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980,

(iii) carried out at a place used solely for—

(aa) research activities,

(bb) development activities,

(cc) the testing of new products and processes,

(b) the running on or within a vehicle of an engine which propels any such vehicle, locomotive or vessel, or provides electricity for propulsion,

(i) in order to test it before it is installed, or

(ii) for the purposes of developing the engine,

(d) the use of a fume cupboard in a laboratory for research and testing that is not—

(i) a fume cupboard which is an industrial and continuous production activity enclosure,

(ii) a fume cupboard in which substances or materials are manufactured.

(5) In this paragraph, “fume cupboard” means a ventilated enclosure complying with the requirements specified in British Standard BS EN 14175-2:2003 on Fume Cupboards.

Interpretation: threshold values

2

(1) For the purposes of Part 3 of this schedule, a “threshold value” generally refers to production capacities or outputs.

(2) Where several activities falling under the same activity description containing a threshold are operated in the same place, the capacities of those activities are to be added together in order to determine whether a threshold value is met.

PART2 — Amendments to common framework provisions

General aims: guidance on best available techniques

3

SEPA may when carrying out a relevant function related to other emissions activities have regard to any applicable Scottish, UK or EU guidance on the best available techniques for preventing, or where that is not practicable, reducing emissions from an activity when taking into account the general aims in accordance with regulation 9.

PART3 — Activities

CHAPTER1 — Thermal treatment and associated activities

4

Thermal treatment of—

(a) coal (other than drying of coal), lignite, oil, or other carbonaceous material or mixtures, otherwise than with a view to making charcoal,

(b) other fuels in plant with a total rated thermal input of 20 MW or more.

5

Blending odorant for use with natural gas or liquefied petroleum gas.

6

In this Chapter—

“carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood,

“nuclear site licence” has the meaning given in section 26 of the Nuclear Installations Act 1965,

“thermal treatment” includes pyrolysis, carbonisation, distillation, partial oxidisation or other heat treatment.

CHAPTER2 — Metals processes

7

Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12 months of iron ore, except in the course of mining operations, or burnt pyrites.

8

Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

9

Producing, melting or refining iron or steel or any ferrous alloy (including producing pig iron or steel and continuous casting).

10

De-sulphurising iron, steel or any ferrous alloy.

11

Heating iron, steel, non-ferrous metal and ferrous or non-ferrous metal alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering scrap cable) unless—

(a) it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts,

(b) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

12

Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal.

13

Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05% by weight of either of those metals or of both of those metals in aggregate.

14

Melting, including making alloys, of non-ferrous metals, including recovered products, refining and foundry casting in a furnace, bath or other holding vessel which has a design holding capacity of 5 tonnes or more.

15

Melting, including making alloys, of non-ferrous metals, including recovered products, refining, foundry casting, etc. in a facility which has a design holding capacity of less than 5 tonnes, or carried out in respect of tin, or an alloy which in molten form contains 50% or more by weight of tin.

16

The separation of copper, aluminium, magnesium or zinc from mixed scrap by differential heating.

17

Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 tonnes per day.

18

Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate not exceeding 20 tonnes per day.

19

Surface treating materials using cadmium or its compounds where the activity may result in the release into the air or water of cadmium and its compounds in a quantity which, in any 12-month period, exceeds the background quantity for cadmium and its compounds by 1000 grams (expressed as metal).

20

Any process for the surface treatment of metal that is likely to result in the release into air of any acid-forming oxide of nitrogen unless listed in schedule 20.

21

The following processes are excluded from the activities described in paragraphs 11, and 13 to 18 of this Chapter—

(a) hand soldering,

(b) flow soldering,

22

In this Chapter—

“ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than that specified in any other metals activity,

“non-ferrous metal alloy” and cognate expressions mean an alloy which is not a ferrous alloy.

CHAPTER3 — Mineral industry

23

Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

24

Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixture, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

25

Grinding cement clinker.

26

Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

27

Heating calcium carbonate or calcium magnesium carbonate for the purpose of making lime.

28

Stripping asbestos from railway vehicles except—

(a) in the course of the repair or maintenance of the vehicle,

(b) in the course of recovery operations following an accident,

(c) where the asbestos is permanently bonded in any material, including in particular in cement, plastic, rubber or resin.

29

The industrial finishing, including shaping, drilling, or fitting manufactured asbestos products, of any of the following products where not carried out in conjunction with manufacture—

(a) asbestos filters,

(b) asbestos friction products,

(d) asbestos packing,

(e) asbestos textiles.

30

Manufacture of glass at any location with the capacity to make 5,000 tonnes or more in any 12-month period, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

31

Manufacture of glass where the use of lead or any lead compound is involved.

32

Making any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(a) making products from lead glass blanks,

(b) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

33

Polishing or etching glass or glass products in the course of any manufacturing activity if—

(a) hydrofluoric acid is used,

(b) hydrogen fluoride may be released into the air.

34

The manufacture of glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

35

Manufacturing cellulose fibre reinforced calcium silicate board.

36

The process of—

(a) crushing, grinding or other size reduction (other than the cutting of stone), or

(b) grading, screening or heating,

of any designated mineral or mineral product,

(i) clay, sand and any other naturally occurring mineral other than coal or lignite,

(ii) metallurgical slag,

(iii) boiler or furnace ash produced from the burning of coal, coke or any other coal product,

(iv) gypsum which is a by-product of any activity.

37

(1) Any of the following activities unless sub-paragraph (2) applies—

(a) crushing, grinding or otherwise breaking up lignite, coal or coke or any other coal product,

(b) screening, grading or mixing lignite, coal, or coke or any other coal product,

(2) This sub-paragraph applies where the activities in sub-paragraph (1) are carried on in any premises—

(a) used for the sale of petroleum coke, lignite, coal, coke or any coal product where the throughput of such substances at those premises in any 12-month period is in aggregate likely to be less than 10,000 tonnes, or

(b) to which petroleum coke, lignite, coal, coke or any coal product is supplied only for use there.

38

The crushing, grinding or other size reduction and/or screening with machinery designed for that purpose, of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used.

39

Coating road stone with tar or bitumen.

40

Loading, unloading, or storing pulverised fuel ash in bulk prior to further transportation in bulk.

41

The fusion of calcinated bauxite for the production of artificial corundum.

42

Firing heavy clay goods or refractory goods other than heavy clay goods in a kiln.

43

Vapour glazing earthenware or clay with salts.

44

The activities in paragraphs 36 to 43 of this Chapter do not include any of these activities where carried out underground.

45

In this Chapter—

“clay” includes a blend of clay with ash, sand or other materials,

“refractory” means refractory material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications,

“retail sale” means sale to the final customer.

CHAPTER4 — Chemical industry

46

Producing halogens or any compound comprising only—

(a) two or more halogens,

(b) any one or more of those halogens and oxygen.

47

The carrying out of any activity involving the use in any 12-month period of—

(a) 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate,

(b) partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of di-isocyanate monomers, where the activity may result in a release into the air of such monomers.

48

The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

49

(1) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any styrene, which is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene.

(2) Any activity for polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity listed in schedule 21 (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons), which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

50

Any production activity which is likely to result in the release—

(a) into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal),

(b) into the air or water of any halogens or any of the compounds mentioned in paragraph 52 of this Chapter,

other than the treatment of water with chlorine.

51

Any production activity which uses, or is likely to result in the release of, hydrogen cyanide or hydrogen sulphide.

52

Producing any compounds, or using or recovering any mixture (other than in the application of a glaze or vitreous enamel), containing any of the following substances or their compounds—

(a) antimony,

(b) arsenic,

(d) gallium,

(e) indium,

(f) lead,

(g) palladium,

(h) platinum,

(i) selenium,

(j) tellurium,

(k) thallium,

(l) cadmium,

(m) mercury,

where the activity may result in the release into the air of any of those elements or their compounds.

53

Any other activity which may result in the release into the air of any acid forming oxide of nitrogen.

54

Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant.

55

The storage, other than as part of another activity or in a tank for the time being forming part of a powered vehicle, of any substance listed in column 1 of Table 1, except where the total capacity of tanks used for storage is less than the amount specified in column 2 of the Table.

Substance	Amount (in tonnes)
Any one or more acrylates	20
Acrylonitrile	20
Anhydrous ammonia	100
Anhydrous hydrogen fluoride	1
Toluene di-isocyanate	20
Vinyl chloride monomer	20
Ethylene	8000

56

Unless falling within any other activity description in this Part, recovering any compound of or engaging in any process of production which involves the use of cadmium, mercury or any compound of either of these elements which may result in the release to air of either of these elements or their compounds.

57

In this Chapter—

“acrylate” includes—acrylic acid,substituted acrylic acids,esters of acrylic acids,esters of substituted acrylic acids,

“pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

CHAPTER5 — Other activities

58

Cremation of human remains.

59

(1) Distilling or heating tar or bitumen in connection with any process of manufacture where the carrying on of the activity by the person concerned at the location in question is likely to use in any 12-month period 5 tonnes or more of tar or of bitumen or, in aggregate, both.

(2) Oxidising bitumen by blowing air through it where the carrying on of the activities by the person concerned at the location in question is likely to use in any 12-month period 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

60

Manufacturing new tyres, other than remoulds or re-treads, involving the use in any 12-month period of 50,000 tonnes or more of one or more of natural rubber, or a synthetic organic elastomer, or any substance mixed with rubber or such an elastomer.

61

The mixing, milling or blending of natural rubber, or a synthetic organic elastomer, in which carbon black is used and/or any related activity that converts the resulting product into a finished product.

62

(1) Any activity (other than the repainting or respraying of, or of part of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the activity may result in the release into the air of particulate matter or of any volatile organic compound, and is likely to involve the use in any 12 month period at any location of—

(a) 20 tonnes or more of any printing ink, paint or other coating material which is applied in solid form (other than in respect of an activity described in paragraph 7(c) of Chapter 2 of Part 4 of schedule 20),

(b) 20 tonnes or more of any metal coating which is sprayed on in molten form,

(c) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity,

(d) 5 tonnes or more of organic solvents in respect of any activity other than one described in sub-paragraph (c).

(2) Repainting or respraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 2 tonnes or more of organic solvents in any period of 12 months.

(3) Repainting or respraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of—

(a) 20 tonnes or more of any paint or other coating material which is applied in solid form,

(b) 20 tonnes or more of any metal coating which is sprayed on in molten form, or

(4) Any activity involving the—

(a) manufacture or formulation of any coating material (such as printing ink) containing, or involving the use of, an organic solvent, where the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 100 tonnes or more of organic solvents in any 12 months period,

(b) manufacture of a powder for use as a coating material where the plant has capacity to produce 200 tonnes or more of such powder in any 12-month period.

(5) In this paragraph, the amount of organic solvent used in an activity is calculated using the formula—

$$A-B$where—“A” is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes,“B” is the amount of organic solvents that are removed from the process for re-use or for recovery for re-use.$

63

(1) manufacturing wood products at any works, if the manufacture involves—

(a) sawing,

(b) drilling,

(d) shaping,

(e) turning,

(f) planing,

(g) shredding,

(h) curing or chemical treatment of wood,

where the throughput of the works in any 12-month period is likely to exceed 10,000 m³ in the case of works at which wood is only sawed, or 1,000 m³ in any other case.

(2) In this paragraph—

“throughput” is calculated by reference to the amount of wood, which is subjected to activities listed in sub-paragraph 1(a) to (h), provided that where wood is subject to two or more activities listed in this paragraph at the same works no account is taken of the second or subsequent activity,

“wood” includes any product consisting wholly or mainly of wood,

“works” means any premises, such as a sawmill, on which an activity listed in this paragraph is carried out on wood.

64

Unless it is an exempt activity listed in paragraph 70(2), processing, storage or drying by heat of any part of a dead animal or of vegetable matter which may—

(a) result in the release into the air of a substance referred to in paragraph 71 of Chapter 6 of this schedule,

(b) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

65

Breeding maggots in any case where 5 kilograms or more of animal or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

66

(1) Storage of dead fish or fish offal prior to ensiling.

(2) Ensiling of dead fish and fish offal.

(3) Storage of ensiled dead fish and fish offal, including the storage of the ensiled liquor at the same location.

67

Unless it is an exempt activity listed in paragraph 70(2) of this Chapter, treating and processing of dry vegetable or dry vegetable and animal matter intended for the production of animal food products through drying by the application of heat and milling, which may—

(a) result in the release into the air of a substance referred to in paragraph 71 of Chapter 6 of this Part,

(b) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

68

Any activity carried on in a technical unit for the capture of carbon dioxide for the purposes of utilisation or storage.

69

Anaerobic digestion of non waste materials and associated feedstock and digestate handling and storage.

70

(1) In this Chapter—

“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,

“aircraft” includes gliders and missiles,

“animal” includes a bird or a fish,

“coating material” includes paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating,

“ensiling” means treatment by the application of acid or alkaline solutions for the purpose of rendering the material free from infectious disease and/or preventing the formation of offensive odours,

“food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food,

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents,

“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,

“varnish” means a transparent coating material,

“tar” and “bitumen” include pitch.

(2) In paragraphs 64 and 67 of this Chapter, “exempt activity” means—

(a) any activity carried out on a farm or agricultural holding, other than the manufacture of goods for sale,

(b) the manufacture or preparation of food or drink for human consumption, but excluding—

(i) the extraction, distillation or purification of animal or vegetable oil or fat, otherwise than as an activity incidental to the cooking of food for human consumption,

(ii) any activity involving the use of green offal or the boiling of blood, except the cooking of food (other than tripe) for human consumption,

(iii) the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,

(d) any activity carried out in connection with premises used in connection with the business of killing, flaying or cutting up animals, the flesh of which is not intended for human consumption, other than premises—

(i) which are hunt kennels or other premises where the flesh is fed to animals,

(ii) used for diagnostic, educational or research purposes, or

(iii) where animals are cut up solely for the purpose of incineration,

(e) any activity for the manufacture of soap not falling within an activity description in Chapter 4 of Part 4 of schedule 20,

(f) the storage of vegetable matter otherwise than as part of any prescribed activity,

(g) the cleaning of shellfish shells,

(h) the manufacture of starch,

(i) the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds authorised under Article 18(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation),

(j) the salting of hides or skins, unless related to any other prescribed activity,

(k) any activity for composting animal or vegetable matter, or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms,

(l) any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers,

(m) the drying of grain or pulses,

(n) any activity for the production of cotton yarn from raw cotton or for the conversation of cotton yarn into cloth.

CHAPTER6 — Substances to air

71

A reference in this Part to the release into the air of a substance listed in this paragraph is a reference to any of the following substances—

(a) oxides of sulphur and other sulphur compounds,

(b) oxides of nitrogen and other nitrogen compounds,

(d) organic compounds and partial oxidation products,

(e) metals, metalloids and their compounds,

(f) asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres,

(g) halogens and their compounds,

(h) phosphorus and its compounds,

(i) dust.

SCHEDULE27 — OPERATING A MEDIUM COMBUSTION PLANT

PART1 — Scope and Interpretation

Scope

1

This Schedule applies to operating a medium combustion plant.

Interpretation: operating a medium combustion plant

2

(1) In this schedule, “operating a medium combustion plant” means operating a combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts but does not include the activities in sub-paragraph (2).

(2) The excluded activities are the operation of—

(a) a large combustion plant,

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

(c) combustion plants covered by EU Regulation 2016/1628 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery,

(d) on-farm combustion plants with a total rated thermal input less than or equal to 5 megawatts, that exclusively use unprocessed poultry manure, as referred to in Article 9(a) of EU Regulation No. 1069/2009 of the European Parliament and Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002, as a fuel,

(e) combustion plants in which the gaseous products of combustion are used for the direct heating, drying or any other treatment of objects or materials,

(f) combustion plants in which the gaseous products of combustion are used for direct gas-fired heating used to heat indoor spaces for the purpose of improving workplace conditions,

(g) post-combustion plants designed to purify the waste gases from industrial processes by combustion and which are not operated as independent combustion plants,

(h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft,

(i) gas turbines and gas and diesel engines, when used on offshore platforms,

(j) facilities for the regeneration of catalytic cracking catalysts,

(k) facilities for the conversion of hydrogen sulphide into sulphur,

(l) reactors used in the chemical industry,

(m) coke battery furnaces,

(n) cowpers,

(o) crematoria,

(p) combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries,

(q) recovery boilers within installations for the production of pulp.

(3) Operating a medium combustion plant does not include research activities, development activities or testing activities relating to medium combustion plants.

Interpretation: general

3

In this schedule—

“biomass” has the meaning given in paragraph 3(1) of schedule 19 of these Regulations,

“diesel engine” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“dual fuel engine” means an internal combustion engine that uses compression ignition and operates according to the Diesel cycle when burning liquid fuels, and according to the Otto cycle when burning gaseous fuels,

“dust” means particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions, which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and that remain upstream of the filter and on the filter after drying under specified conditions,

“emission” means the discharge of substances from a combustion plant into the air,

“engine” means a gas engine, diesel engine or dual fuel engine,

“existing medium combustion plant” means a medium combustion plant put into operation on or before 20 December 2018,

“gas engine” means an internal combustion engine that operates according to the Otto cycle and uses spark ignition to burn fuel,

“gas oil” means—any petroleum-derived liquid fuel falling within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, orany petroleum-derived liquid fuel of which less than 65% by volume (including losses) distils at 250°C and of which at least 85% by volume (including losses) distils at 350°C by the ASTM D86 method,

“gas turbine” means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine,

“heavy fuel oil” means—any petroleum-derived liquid fuel falling within CN codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, or 2710 20 39,any petroleum-derived liquid fuel, other than gas oil, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65% by volume (including losses) distils at 250°C by the ASTM D86 method, orany petroleum product for which distillation cannot be determined by the ASTM D86 method,

“micro-isolated system” (MIS) means any electricity system with consumption less than 500 GWh in the year 1996 where there is no connection with other systems,

“natural gas” means naturally occurring methane with no more than 20% (by volume) of inerts and other constituents,

“new medium combustion plant” means a medium combustion plant other than an existing medium combustion plant,

“nitrogen oxides” (NOx) means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO₂),

“operating hours” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“refinery fuel” means solid, liquid or gaseous combustible material from the distillation and conversion steps of the refining of crude oil, including refinery fuel gas, syngas, refinery oils and pet coke,

“small isolated system (SIS)” means any electricity system with consumption of less than 3000 GWh in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,

“stack” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“zone” means part of the territory of Scotland as determined by the Scottish Ministers under regulation 4 of the Air Quality Standards (Scotland) Regulations 2010.

Aggregation

4

A combination formed by two or more new medium combustion plants is considered to be a single medium combustion plant for the purposes of this schedule and their rated thermal input are added together for the purpose of calculating the total rated thermal input of the plant, where—

(a) the waste gases of the plants are discharged through a common stack, or

(b) in the opinion of SEPA, the waste gases of the plant could be discharged through a common stack, taking into account technical and economic factors.

PART2 — Amendments to common framework provisions

Authorisations

5

(1) Operating a medium combustion plant may be authorised by permit, registration or notification.

(2) An authorisation for operating a medium combustion plant must give effect to the provisions of this schedule.

Applications for medium combustion activity authorisations

6

An application for an authorisation and a notification for operating a medium combustion plant must include—

(a) the name of the applicant and the address of the applicant’s registered or principal office,

(b) the address of the plant (or site upon which the plant is located),

(d) the type of medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine or other medium combustion plant),

(e) the type and share of fuels used (according to the categories in Part 3 of this schedule),

(f) the date of the start of the operation of the medium combustion plant or, where the exact date of the start of the operation is unknown, proof of the fact that the operation started before 20 December 2018,

(g) the sector of activity of the medium combustion plant or the facility in which it is applied (SIC Code),

(h) the expected number of annual operating hours of the medium combustion plant and average load in use,

(i) if required for the purposes of an exemption from compliance with emission limit values, a declaration signed by the Authorised person that the plant will not be operated for more than 500 hours or 1000 hours per year (calculated as a rolling average over a period of 5 years) or 500 hours per year (calculated as a rolling average over a period of 3 years), as appropriate.

Emission limit values: calculation

7

All emission limit values set out in this schedule are to be calculated—

(a) at a temperature of 273.15K,

(b) at a pressure of 101.3kPa,

(d) at a standardised O₂ content of—

(i) 6% for medium combustion plants using solid fuels,

(ii) 3% for medium combustion plants, other than engines and gas turbines, using liquid and gaseous fuels,

(iii) 15% for engines and gas turbines.

Emission limit values: general

8

(1) The emissions into air of SO₂, NOx and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in—

(a) Table 2, if the plant is not an engine or gas turbine,

(b) Table 3 if the plant is an engine or gas turbine,

unless an exemption in paragraph 9 applies.

(2) The emissions into air of SO₂, NOx and dust from an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts must not exceed the emission limit values set out in—

(a) Table 1, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine,

unless an exemption in paragraphs 9 or 10 of this schedule applies.

(3) The emissions into air of SO₂, NOx and dust from a new medium combustion plant must not exceed the emission limit values set out in—

(a) Table 4, if the plant is not an engine or gas turbine,

(b) Table 5, if the plant is an engine or gas turbine.

(4) In zones or parts of zones not compliant with the limit values set out in schedule 2 of the Air Quality Standards (Scotland) Regulations 2010, SEPA must consider setting stricter permit conditions for individual medium combustion plants than those required by this paragraph where, in the opinion of SEPA, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.

(5) In zones or parts of zones not compliant with the limit values set out in schedule 2 of the Air Quality Standards (Scotland) Regulations 2010, the Scottish Ministers may direct SEPA to include stricter emission limit values for individual medium combustion plants than those required by this paragraph, where, in the opinion of the Scottish Ministers, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.

Emission limit values: existing medium combustion plant exemptions

9

(1) An existing medium combustion plant is exempt from the requirements in paragraph 8(1) or (2) of this schedule if—

(a) the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 5 years), or

(b) the plant does not operate more than 1000 hours per year (calculated as a rolling average over a period of 5 years) and the plant is operated in case of emergency or extraordinary circumstances for—

(i) backup power production on an island where the main power supply to that island is from the Scottish mainland, in the event of an interruption of the main power supply to an island, or

(ii) heat production in cases of exceptionally cold weather events.

(2) An authorisation for medium combustion plant which—

(i) is exempt by sub-paragraph (1) from the requirements in paragraph 8(1) or (2) of this schedule, and

(ii) is firing solid fuels,

must contain an emission limit value for dust of 200 mg/Nm³.

(3) An existing medium combustion plant with a rated thermal input greater than 5 megawatts is exempt from the requirement in paragraph 8(1) of this schedule until 1 January 2030 where at least 50% of the useful heat production of the plant (calculated as a rolling average over of a period of 5 years) is delivered in the form of steam or hot water to a public network for district heating.

(4) An authorisation for a medium combustion plant which is exempt by sub-paragraph (3) from the requirement in paragraph 8(1) must contain, where applicable—

(a) emission limits values which do not exceed—

(i) 1100 mg/Nm³ for SO₂,

(ii) 150 mg/Nm³ for dust,

(b) conditions that are necessary to ensure that—

(i) no significant pollution is caused,

(ii) a high level of protection for the environment as a whole is achieved.

(5) An existing medium combustion plant with a rated thermal input greater than 5 megawatts is exempt until 1 January 2030 from the requirement in paragraph 8(1) of this schedule to comply with the emission limit values for NOx in Table 3 where the plant is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system.

(6) An existing medium combustion plant which is part of a small isolated system, or a micro isolated system is exempt from the requirements in paragraphs 8(1) and (2) until 1 January 2030.

Emission limit values: exemptions

10

(1) A medium combustion plant is exempt until 1 January 2030 from the requirements in paragraph 8(1) or (2) to comply with an emission limit value for dust in Tables 1, 2, or 3 where—–

(a) the plant fires solid biomass as its main fuel,

(b) the plant is situated in a zone which conforms with the limit values set out in retained EU law implementing Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe.

(2) An authorisation for a medium combustion plant which is exempt by sub-paragraph (1) from the requirements in paragraph 8(1) or (2) must contain—

(a) emission limit values which do not exceed 150 mg/Nm³ for dust,

(b) conditions necessary to ensure that—

(i) no significant environmental harm is caused,

(ii) a high level of protection for the environment as a whole is achieved.

(3) A new medium combustion plant is exempt from the requirements in paragraph 8(3) where the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 3 years).

(4) An authorisation for a plant which—

(a) is exempt by sub-paragraph (3) from the requirements in paragraph 8(3) of this schedule, and

(b) is firing solid fuels

must contain an emission limit value for dust of 100 mg/Nm³.

Emission limit values: temporary exemptions

11

(1) SEPA may, on application of the authorised person, grant an exemption for a maximum period of 6 months from the requirements in paragraph 8 of this schedule to comply with an emission limit value for SO₂ where the medium combustion plant—

(a) normally uses low-sulphur fuel, and

(b) the authorised person is unable to comply with an emission limit value for SO₂ due to an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

(2) SEPA may, on application of the authorised person, grant an exemption for a maximum period of 10 days from the requirements in paragraph 8 of this schedule where the plant—

(a) uses only gaseous fuels,

(b) has to resort exceptionally to the use of non-gaseous fuel due to a sudden interruption in the supply of gas, and

(3) An application for an exemption—

(a) under sub-paragraph (1), must be made to SEPA in writing,

(b) under sub-paragraph (2)—

(i) must be made immediately and in advance of the need to use other fuels,

(ii) may be made in writing, or by other means,

(d) will be determined by SEPA within the period as considered appropriate by SEPA in the circumstances.

(4) SEPA will notify the authorised person in writing of an exemption granted under sub-paragraph (3) where practicable to do so.

(5) The period in sub-paragraph (2) may be extended where SEPA considers that the authorised person has demonstrated that a longer period is justified.

(6) SEPA must immediately inform the Scottish Ministers of any exemption granted under this paragraph.

Emission limit values: multiple fuels

12

Where a medium combustion plant simultaneously uses two or more fuels, the emission limit value for each pollutant is calculated by—

(a) taking the emission limit value in Table 1, 2, 3, 4 or 5 for each fuel,

(b) determining the fuel-weighted emission limit value, which is obtained by multiplying the individual emission limit value in sub-paragraph (a) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels, and

Emissions monitoring

13

(1) SEPA must ensure that an authorisation for operating a medium combustion plant includes such conditions as it considers appropriate in an authorisation for a medium combustion activity to ensure that—

(a) where the plant is using more than one fuel type, emissions are monitored—

(i) while the fuel or fuel mix likely to result in the highest level of emissions is being fired, and

(ii) during a period, representative of normal operating conditions,

(b) all monitoring results are recorded and processed so as to enable verification of compliance with the applicable emission limit values,

(c) a record or information is kept proving the effective continuous operation of any secondary abatement equipment in use at the plant,

(d) the following are kept—

(i) the authorisation and, where relevant, variations and related information,

(ii) the monitoring results and information referred to in sub-paragraphs (b) and (c),

(iii) a record of the plant’s operating hours if applicable for the purposes of paragraph 9(1) or 10(3),

(iv) a record of the type and quantities of fuel used in the plant,

(v) a record of any breakdown or malfunction of secondary abatement equipment,

(vi) a record of a breach of an emission limit value, and the measures taken by the authorised person to restore compliance,

(e) the information referred to in head (d)(ii) to (vi) is kept for a period of at least 6 years.

(2) Emissions are to be measured—

(a) for medium combustion plants with a rated thermal input equal to or greater than 1 MW and less than or equal to 20 MW, at least every three years,

(b) for all other medium combustion plants, annually,

unless sub-paragraph (3) applies.

(3) This paragraph applies where a medium combustion plant is—

(a) exempt from the requirements of paragraph 8(1) or (2) by paragraph 9(1) of this schedule, or

(b) exempt from the requirements of paragraph 8(3) by paragraph 10(3) of this schedule.

(4) Where sub-paragraph (3) applies, emissions must be measured at the most frequent of—

(a) for a medium combustion plant with a rated thermal input equal to or greater than 1 MW and less than or equal to 20 MW, after the elapse of three times the maximum permitted average annual operating hours,

(b) for medium combustion plants with a rated thermal input greater than 20 MW, after the elapse of a period equal to the maximum average annual operating hours

and in either case, measurements must be taken at least every five years.

(5) The following emissions are to be measured—

(a) pollutants for which an emission limit value is included in this schedule relevant to the plant concerned, and

(b) carbon monoxide.

(6) The first measurement of emissions is taken within 4 months of either—

(a) the grant of the authorisation,

(b) the date of the start of operation of the plant.

(7) Where verified and approved of by SEPA, as an alternative to the requirements of sub-paragraphs (2) and (4), other procedures may be used to determine SO₂ emissions from the plant.

(8) Where emissions are required by SEPA to be measured continuously—

(a) the measuring systems must be subject to checking by means of parallel measurements with the reference methods at least annually, and

(b) results of the check are to be provided to SEPA.

(9) Measurements must be taken when—

(a) the plant is operating under stable conditions at a representative even load, and

(b) the plant is not starting-up or shutting down.

(10) Sampling and analysis of polluting substances and measurements of process parameters are to be based on methods enabling reliable, representative and comparable results.

(11) Periods of start-up and shut-down are as short as possible.

Compliance

14

SEPA must ensure that an authorisation for operating a medium combustion plant includes such conditions as it considers appropriate to ensure that in the event of a breach of conditions, the authorised person must—

(a) immediately inform SEPA,

(b) immediately take necessary measures to ensure that compliance is restored as soon as possible,

(c) immediately cease operation of the medium combustion plant in the event that the non-compliance causes a significant degradation of local air quality.

Compliance and measurement

15

(1) SEPA must periodically check compliance with authorisation conditions and, in the case of notifications, the applicable general binding rules, including emission limit values.

(2) In the case of periodic measurements, an emission limit value is to be treated as being complied with if each of the series of measurements (or other procedures) do not exceed the emission limit value.

(3) In the case of continuous measurements, an emission limit value is to be treated as being complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met—

(a) no validated monthly average value exceeds the emission limit value,

(b) no validated daily average value exceeds 110% of the emission limit value,

(c) in the case of plant composed only of boilers using coal, no validated daily average value exceeds 150% of the emission limit value,

(d) 95% of all the validated hourly average values over the year do not exceed 200% of the emission limit value.

(4) At the 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—

(a) 10% for emissions of carbon monoxide,

(b) 20% for emissions of sulphur dioxide,

(d) 30% for dust.

(5) The validated hourly and daily average values are determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in sub-paragraph (4).

(6) A day is invalidated if more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system.

(7) For the purpose of calculating average emission limit values the following periods are to be disregarded—

(a) periods of start-up and shut-down, and

(b) the periods referred to in paragraph 11 of this schedule.

Public requests for monitoring data

16

SEPA must exercise its functions under regulation 37 where a member of the public requests access to the matters listed in paragraph 13(1)(d)(ii) to (vi) unless that information is otherwise readily available to SEPA.

PART3

Tables

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