The Solvent Emissions (Scotland) Regulations 2004
| Year | 2004 |
2004No. 26
ENVIRONMENTAL PROTECTION
The Solvent Emissions (Scotland) Regulations 2004
27thJanuary2004
The Scottish Ministers, in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 1999( 1) and of all other powers enabling them in that behalf, having in accordance with section 2(4) of that Act consulted the Scottish Environment Protection Agency, such bodies or persons appearing to them to be representative of the interests of local government, industry, agriculture and small businesses respectively as they consider appropriate, and such other bodies and persons as they consider appropriate, hereby make the following Regulations, a draft of which has, in accordance with section 2(8) of that Act, been laid before, and approved by a resolution of, the Scottish Parliament:
Citation, commencement and extent
1. - (1) These Regulations may be cited as the Solvent Emissions (Scotland) Regulations 2004 and shall come into force on the day after the day on which they are made.
(2) These Regulations extend to Scotland only.
Interpretation
2. - (1) In these Regulations-
"the 1990 Act" means the Environmental Protection Act 1990( 2);
"the 2000 Regulations" means the Pollution Prevention and Control (Scotland) Regulations 2000( 3); and
"authorisation" means an authorisation granted under section 6 of the 1990 Act.
(2) Subject to regulation 3(17), in these Regulations, any word or expression used which is defined in regulation 2 of, or Schedule 3 to, the 2000 Regulations shall have the same meaning as it has in those Regulations.
(3) Any other word or expression used both in these Regulations and in the Solvent Emissions Directive has the same meaning for the purposes of these Regulations as it has for the purposes of that Directive.
Application for variation of the conditions of an existing permit or authorisation in relation to installations covered by the Solvent Emissions Directive
3. - (1) Where an installation which-
(a) contains a new SED installation; or(b) contains an existing SED installation which-(i) on or after 1st April 2001 and before the date of coming into force of these Regulations, underwent a substantial change in operation or at which abatement equipment was installed; or(ii) before the date of coming into force of these Regulations began using a risk phrase substance or preparation ; and(c) in either case mentioned in paragraphs (a) and (b), the affected part is on the date of coming into force of these Regulations subject to a permit,the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of that permit.
(2) Where on or after 1st April 2001 and before the date of coming into force of these Regulations-
(a) abatement equipment was installed in an installation which contains a new or an existing SED installation;(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and(c) that part of the SED installation is on the date of coming into force of these Regulations wholly covered by an authorisation,the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations-
(i) make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or(ii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.(3) Where before the date of coming into force of these Regulations-
(a) an installation which contains a new or an existing SED installation began using a risk phrase substance or preparation; and(b) the SED installation or part of the SED installation in which the substance or preparation is used is subject to an authorisation,the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations-
(i) make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or(ii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.(4) Where on or after 1st April 2001 and before the date of coming into force of these Regulations-
(a) an installation which contains a new or an existing SED installation underwent a substantial change in operation;(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part B"; and(c) that part of the SED installation is on the date of coming into force of these Regulations wholly covered by an authorisation,the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation.
(5) Subject to paragraph (1), where an installation which contains an existing SED installation is subject to a permit, the operator shall by the SED date make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of that permit.
(6) Subject to paragraphs (2) and (4), where the activities carried out by an existing SED installation-
(a) fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and(b) are wholly covered by an authorisation,the operator shall by the SED date, and subject to the consent of SEPA, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.
(7) Paragraphs (1) to (6) do not apply if SEPA has already included in the permit or authorisation all conditions necessary to meet the requirements of the Solvent Emissions Directive.
(8) Where after the date of coming into force of these Regulations-
(a) an operator of an installation which contains a new or an existing SED installation proposes to make a substantial change in the operation of that SED installation or to install abatement equipment; and(b) the affected part of the SED installation is subject to a permit,the operator shall make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of the permit and may not make the substantial change in operation or install the abatement equipment before the determination date.
(9) Where after the date of coming into force of these Regulations-
(a) an operator of an installation which contains a new or an existing SED installation proposes to install abatement equipment;(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and(c) that part of the SED installation is wholly covered by an authorisation,the operator shall-
(i) make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or(ii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations and may not install the abatement equipment before the determination date.(10) Where after the date of coming into force of these Regulations-
(a) an operator of an installation which contains a new or an existing SED installation proposes to make a substantial change in the operation of that installation;(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part B"; and(c) that part of the SED installation is wholly covered by an authorisation,the operator shall make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; and may not make the substantial change in operation before the determination date.
(11) Where after the date of coming into force of these Regulations-
(a) an operator of an installation which contains a new or an existing SED installation proposes to begin using a risk phrase substance or preparation, and(b) the SED installation or part of the SED installation in which it is proposed to use the risk phrase substance or preparation is subject to a permit or an authorisation;the operator shall-
(i) where the installation is subject to a permit, make an application for a variation of the conditions of the permit; or(ii) subject to sub-sub-paragraph (iii), where the installation is subject to an authorisation, make an application under section 11 of the 1990 Act for a variation of the conditions of the...To continue reading
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