The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/340 |
| Year | 2005 |
2005 No. 340
ENVIRONMENTAL PROTECTION
The Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005
Made 8th June 2005
Laid before the Scottish Parliament 9th June 2005
Coming into force 2nd July 2005
The Scottish Ministers in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991, 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, and such other bodies and persons as they consider appropriate, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 2nd July 2005.
Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000
2. The Pollution Prevention and Control (Scotland) Regulations 20002shall be amended as follows.
3. In regulation 2(1) (interpretation: general) in the definition of “specified waste management activity”, after paragraph (c) insert:–
“(d)
“(d) the disposal of waste in a waste incineration installation”;
4. In regulation 7 (permits: general provisions)–
(a) in paragraph (6)(c) after “plant” insert “on the same site”;
(b) in paragraph (7), omit “(and accordingly, the operation of the plant on a different site shall require a separate permit)”;
(c) after paragraph (10), insert:–
“10A Where a substantial change in the operation of an installation as described in paragraph 4 of Schedule 3 has resulted in the issue of a permit applicable to the part of the installation affected by the change, SEPA may on determination of an application for a permit for the remainder of the installation, replace that permit with a consolidated permit for the whole installation (including that part) subject to such conditions as SEPA considers appropriate.”.
5. In regulation 12 (proposed change in the operation of an installation)–
(a) for paragraph (1) substitute:–
“1 Subject to paragraph (4) and (5), where an operator of an installation or mobile plant which is permitted under these Regulations proposes to make a change in the operation of that installation or mobile plant, the operator shall, at least 14 days before making the change, notify SEPA.”.
(b) after paragraph (4) insert:–
“5 Notwithstanding any notification under paragraph (1), the operator shall not make the proposed change during any period beginning with the date on which notice is served by SEPA under regulation 26(2) and ending on the date on which the applicant furnishes the information specified in the notice.”.
6. In regulation 19(1) (enforcement notices) after “installation” insert “or mobile plant”.
7. In regulation 21(4) (power of SEPA to prevent or remedy pollution) after “installation” insert “or mobile plant”.
8. In Schedule 1, Part 1, Chapter 1, section 1.2 (refining mineral oil and gas, operating coke ovens and coal gasification and liquefaction activities) in Part A–
(a) after paragraph (i) insert:–
“(j)
“(j) Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.”;
(b) in the sentence after paragraph (i), after “sewage”, insert “sludge”.
9. In Schedule 1, Part 1, Chapter 2 (production and processing of metals)–
(a) in section 2.1(ferrous metals)–
(i) in Part A, paragraph (b)(ii), after “induction” insert “,vacuum, electro-slag”;
(ii) in Part B, paragraph (b)(ii), after “ induction furnace” insert “, vacuum furnace, electro-slag furnace”;
(b) in section 2.2 (non ferrous materials) Part A, for paragraph (i) substitute:–
“(i)
“(i) Unless described elsewhere in this Section, 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”.;
(c) in section 2.3 (surface treating metals and plastic materials) for Part A, substitute:–
“Part A
(a) Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3.
(b) Surface treating materials using cadmium or any compound thereof where the activity may result in the release into the air or water of cadmium and its compounds, as listed in column 1 of the Table in paragraph 13(1) of Part 2 of this Schedule, in a quantity which, in any 12 month period, exceeds the background quantity for cadmium and its compounds by more than the amount specified in relation to it in column 2 of that Table.”
10. In Schedule 1, Part 1, Chapter 4 (the chemical industry)–
(a) in the first paragraph, delete the words from “,but does not include” until the end of that paragraph;
(b) in section 4.1 (organic chemicals) Part B, for paragraph (a) substitute:–
“(a)
“(a) Unless falling within any description in Part A of this section, carrying out any activity involving the use in any 12 month period of:
(i) 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate; or
(ii) 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.”;
(c) in section 4.2 (inorganic chemicals) in Part A–
(i) for paragraph (b) substitute:–
“(b)
“(b) Unless falling within a description in any other section of any chapter of this Schedule, any production activity which is likely to result in the release into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogens or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water by chlorine).”;
(ii) in paragraph (c) for “manufacturing” substitute “production”;
(iii) in paragraph (e) for “manufacture” substitute “production”;
(iv) in paragraph (f) delete sub-paragraph (iv);
(v) at the end, insert:–
“(g)
“(g) Any other activity (except the combustion or incineration of carbonaceous material as defined in section 1.2 of this Schedule) which does not fall within either Part B of this section or a description in sections 2.1, 2.2 or 2.3 of this Schedule; and which may result in the release into the air of any acid forming oxide of nitrogen”;
(d) in section 4.7 (manufacturing activities involving carbon disulphide or ammonia) for Part A substitute:–
“Part A
(a) Unless falling within any description set out in section 6.7 (activities involving rubber) of this Schedule, any manufacturing activity which may result in the release of carbon disulphide into the air;
(b) 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.”.
11. In Schedule 1, Part 1, Chapter 5 (waste management) in section 5.1 (incineration and co-incineration of waste)–
(i) (a) in Part A, after paragraph (h)3insert:–
“(i)
“(i) unless carried out as part of any other Part A activity, the thermal treatment (with or without heat or energy recovery, or production of material products) other than incidentally in the course of burning solid or liquid waste of any gaseous compound containing halogens arising from electrical equipment.”;
(ii) in Part B4, in the first paragraph, delete “The following activities if operated at installations not falling under Part A of this Section;”;
(iii) in the interpretation section of section 5.1, in the definition of “excluded plant”, in paragraph (a)(vii), delete “Directive 90/667/EECand by”;
(b) in section 5.3 (disposal of waste other than by incineration or landfill) in Part A (interpretation of Part A) for paragraph 3 substitute:–
“3 Nothing in this Part applies to the treatment of waste soil by means of mobile plant for the treatment of contaminated material, substances or products for the purpose of remedial action with respect to land or controlled waters.”;
(c) in section 5.4 (recovery activities), in Part A (interpretation of Part A):–
(i) in Part A, for paragraph (a) substitute:–
“Unless carried on as part of an activity falling within any description in Part B of section 6.4 of Chapter 6 or Part B of Chapter 7 of this Schedule, recovering by distillation any other organic solvent.”;
(ii) for paragraph (2) substitute:–
“2 Nothing in this Part applies to the treatment of waste soil by means of mobile plant for the treatment of contaminated material, substances or products for the purpose of remedial action with respect to land or controlled waters.”.
12. In Schedule 1, Part 1, Chapter 6 (other activities):–
(a) in section 6.4 (coating activities, printing and textile treatments), Part B, paragraph (b), for “1 tonne” substitute “2 tonnes”;
(b) in section 6.6 (timber activities), Part B, after...
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