The Solvent Emissions (Scotland) Regulations 2004 (revoked)

Citation, commencement and extentS

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.

InterpretationS

2.—(1) In these Regulations–

“the 1990 Act” means the Environmental Protection Act 1990 M1;

“the 2000 Regulations” means the Pollution Prevention and Control (Scotland) Regulations 2000 M2; 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 DirectiveS

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 [F1or hazard statement] substance or [F2mixture]; 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 [F1or hazard statement] substance or [F2mixture]; and

(b)the SED installation or part of the SED installation in which the substance or [F2mixture] 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 [F1or hazard statement] substance or [F2mixture], and

(b)the SED installation or part of the SED installation in which it is proposed to use the risk phrase [F1or hazard statement] substance or [F2mixture] 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 authorisation; or

(iii)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” and which is subject to an authorisation, 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 the operator may not begin using the substance or [F2mixture] before the determination date.

(12) Where after the date of coming into force of these Regulations–

(a)a substance or [F2mixture] used in a new or an existing installation becomes a risk phrase [F1or hazard statement] substance or [F2mixture], and

(b)the SED installation or part of the SED installation in which the substance or [F2mixture] is used is subject to a permit or an authorisation,

the operator shall within the period of 4 months beginning on the date on which the risk phrase [F1or hazard statement] is assigned to that substance or [F2mixture]–

(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 authorisation; or

(iii)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” and which is subject to an authorisation, 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.

(13) Paragraphs (1), (4), (8) and (10) shall not apply to an installation containing an SED installation which has undergone, undergoes or will undergo a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the affected part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.

(14) An application under this regulation–

(a)shall contain the information specified in paragraph 1C of Part 1 of Schedule 4 to the 2000 Regulations; and

(b)in relation to an application under paragraphs (2), (3), (4), (6), (9), (10), (11), and (12), paragraph 1C of Part 1 of Schedule 4 to the 2000 Regulations shall be read as if the reference to an “application for a permit” included a reference to “an application under section 11 of the 1990 Act for a variation of the conditions of an authorisation”.

(15) Where an operator fails to comply with any of the requirements of this regulation, SEPA shall serve a notice on the operator specifying the relevant requirement, requiring the operator to comply with the requirement and specifying the period within which it shall be complied with.

(16) A notice served under paragraph (15) shall be treated for the purposes of these Regulations as an enforcement notice served under regulation 19(1) of the 2000 Regulations.

(17) For the purposes of this regulation–

“determination date” means–

“the SED date” means–

Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions DirectiveS

4.—(1) Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to vary the permit to extend its scope to incorporate the whole of the SED installation.

(2) Subject to paragraph (3), the provisions of regulation 13 of and Schedule 7 to the 2000 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 13(2) of the 2000 Regulations.

(3) In relation to an application under paragraph (1)–

(a)regulation 13 shall apply as if–

(i)for paragraph (4) there were substituted the following paragraph–

“(4) Where an application is duly made to SEPA under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004, SEPA shall either vary the permit to extend its scope subject to the conditions required or authorised to be imposed by regulations 9 and 9C or refuse so to vary the permit.”;

(ii)for paragraph (5) there were substituted the following paragraph–

“(5) Where SEPA decides to vary the permit to extend its scope, it shall serve a notice on the operator (a “variation notice”) specifying how the scope of the permit will be extended by the variation, the conditions which will be imposed on the part of the installation covered by the variation and the date on which, unless the notice is withdrawn, the variation shall take effect.”; and

(iii)for paragraph (7) there were substituted the following paragraph–

“(7) Where SEPA decides on an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 not to vary the permit to extend its scope, it shall give notice of its decision to the operator.”;

(b)Schedule 7 shall apply as if–

(i)in paragraph 1(e) after “conditions of the permit” there were inserted “ and the extension of the scope of the permit ”;

(ii)in paragraph (h) after “conditions of the permit” there were inserted “ (including an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004) ”;

(iii)at the end of paragraph 4(1) there were inserted after sub paragraph (b)–

“; or

(c)an application is made under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 to vary the permit to extend its scope”; and

(iv)at the end of paragraph 4(9)(c) there were inserted “ or, in the case of an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 to vary the permit to extend its scope, the extended scope of the permit that will be authorised by the variation ”.

(4) Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2000 Regulations shall be read as if references to an “application for a permit to operate the installation” were references to an “application for variation of a permit”.

(5) An application for a variation of the conditions of a permit under regulation 3(1), (5), (8), (11) and (12) and an application for variation to extend the scope of the permit under paragraph (1) may be combined in one application.

Application for a variation of an existing authorisation in relation to installations covered by the Solvent Emissions DirectiveS

5.—(1) Where the prescribed dates for an installation, which is already in part subject to an authorisation, are determined in accordance with paragraph 18(7) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the anticipated prescribed date for the SED installation has not yet passed, the operator may make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation, to extend its scope to incorporate the whole of the SED installation.

(2) Where after the date of coming into force of these Regulations, an application for a variation is made under paragraph (1) in respect of proposals by the operator to–

(a)make a substantial change in the operation of the SED installation;

(b)install abatement equipment; or

(c)begin using a risk phrase [F3or hazard statement] substance or [F4mixture],

the operator may not implement any of the proposals before the determination date for that variation.

(3) An application for a variation of the conditions of an authorisation under regulation 3(2), (3), (4), (6), (9), (10), (11) or (12) and an application for a variation to extend the scope of the authorisation under paragraph (1) may be combined in one application.

(4) For the purposes of this regulation–

“anticipated prescribed date” shall have the same meaning as it has for the purposes of Part 4 of Schedule 3 to the 2000 Regulations; and

“determination date” shall have the same meaning as it has for the purposes of regulation 3 of these Regulations.

Supplementary applications in relation to installations covered by the Solvent Emissions DirectiveS

6.—(1) Where an operator has made or is deemed to have made an application under regulation 7 of the 2000 Regulations to operate an installation containing an SED installation (the “original application”) and–

(a)the operator wishes to make a substantial change in the operation of the SED installation, to install abatement equipment, to begin using a risk phrase [F5or hazard statement] substance or [F6mixture] or a substance or [F6mixture] used in the installation becomes a risk phrase [F5or hazard statement] substance or [F6mixture] before the original application has been determined; or

(b)the operator wishes to use a reduction scheme and the original application has not been determined by SEPA by 31st August 2005; or

(c)in relation to an installation for which the prescribed date is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), the original application is not determined by SEPA before the date for which the operator is required to apply for a permit for the remaining part of the installation,

the operator may make a supplementary application to SEPA.

(2) A supplementary application under paragraph (1) shall contain–

(a)in the case of an application under paragraph (1)(a), a description of the substantial change in the operation or abatement equipment to be installed or the risk phrase [F5or hazard statement] substance or [F6mixture] to be used or which has been assigned;

(b)in the case of an application under paragraph (1)(b), details of the proposed reduction scheme; and

(c)any other information which would be required under Schedule 4 to the 2000 Regulations to be included in an application to operate the installation which is not in the original application.

(3) Where an operator makes a supplementary application under paragraph (1) then subject to the consent of SEPA–

(a)the original application shall be amended to include the provisions of the supplementary application; and

(b)the resulting application shall be deemed to have been made on the date the supplementary application is made.

Determinations in relation to deemed applicationsS

7.—(1) Where in respect of an SED installation–

(a)an application for a variation of an authorisation is made under regulation 3 (“the first application”);

(b)before the determination of that application, an application for a permit to operate that installation is deemed to have been made in accordance with paragraph 9(3) and (4) of Schedule 3 to the 2000 Regulations (“the deemed application”); and

(c)SEPA determines that both the first application and the deemed application should be granted,

SEPA may grant a permit in respect of both applications, rather than granting separately a variation of the authorisation to which the first application relates.

(2) Where a permit is granted in accordance with paragraph (1), the notice of determination given by SEPA under paragraph 9(6) of Schedule 3 to the 2000 Regulations and the notification to the operator under paragraph 9(7) of that Schedule to those Regulations, shall relate to both the first application and the deemed application.

Duty for operators applying to use a reduction schemeS

8.—(1) Where, in respect of an existing SED installation an operator makes–

(a)an application for a permit; or

(b)an application for a variation of the conditions of an existing permit or authorisation under regulation 3 or for an extension of an existing permit under regulation 4; or

(c)an application for an extension of an existing authorisation under regulation 5; or

(d)a supplementary application under regulation 6,

and indicates a wish to use a reduction scheme in respect of that SED installation, the operator shall, from 31st October 2005 until the determination date for the SED installation, operate the SED installation in accordance with the requirements of the reduction scheme.

(2) In paragraph (1), the “determination date” shall be interpreted in accordance with Part 3 of Schedule 3 to the 2000 Regulations.

(3) Where SEPA considers that an operator has failed, is failing or is likely to fail to comply with any of the requirements under paragraph (1), SEPA may serve a notice on the operator requiring that operator to comply with such requirements as are specified in the notice and specifying the period within which they shall be complied with.

(4) A notice served under paragraph (3) shall be treated for the purposes of these Regulations as an enforcement notice served under regulation 19(1) of the 2000 Regulations.

(5) For the purposes of the discharge of its functions under this regulation SEPA may serve a notice on any person requiring that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

(6) A notice served under paragraph (5) shall be treated for the purposes of these Regulations as a notice served under regulation 26(2) of the 2000 Regulations.

Amendment to the Pollution Prevention and Control (Scotland) Regulations 2000S

9.  The 2000 Regulations shall be amended in accordance with regulations 10 to 21 of these Regulations.

10.  In regulation 2(1) (interpretation: general)–

(a)in the definition of “change in operation” delete from “and “substantial change in operation”” to the end of the entry and substitute–

“and “substantial change in operation” means, in relation to an installation or mobile plant, a change in operation which, in the opinion of SEPA, may have significant negative effects on human beings or the environment or which in itself constitutes the carrying out of an activity falling within Schedule 1 exceeding any threshold capacity therein, and shall include (except in relation to Part 1 of Schedule 3)–

(i)in relation to a small SED installation which does not fall wholly within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 25 percent;

(ii)in relation to all other SED installations which do not fall wholly within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 10 percent”;

(b)delete the definition of “the Directive” and after the definition of “installation” insert–

““the IPPC Directive” means Council Directive 96/61/EC concerning integrated pollution prevention and control ”;M3

(c)after the definition of “change in operation” insert–

““directly associated activity” means–

(i)in relation to an activity carried out in a stationary technical unit and falling within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1, any directly associated activity which has a technical connection with the activity carried out in the stationary technical unit and which could have an effect on pollution, and

(ii)in relation to an SED activity, any directly associated activity which has a technical connection with the SED activity carried out on the same site and which could have an effect on any discharge of volatile organic compounds into the environment;”;

(d)for the definition of “installation” substitute–

““installation” means (except where used in the term SED installation)–

(a)a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out; and

(b)any other location on the same site where any other directly associated activities are carried out;

and, other than in Schedule 3, references to an installation include references to part of an installation;”;

(e)in the definition of “mobile plant” before “Part 1” insert “ any section of Chapters 1 to 6 of ”;

(f)after the definition of “mobile plant” insert– “ “new SED installation” and “existing SED installation” shall be interpreted in accordance with Schedule 3; ”;

(g)after the definition of “off-site condition” insert–

““organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;”;

(h)after the definition of “pollution” insert–

““reduction scheme” means a reduction scheme which complies with Annex IIB of the Solvent Emissions Directive;”;

(i)after the definition of “revocation notice” insert–

““SED activity” means any activity falling within the section in Chapter 7 of Part 1 of Schedule 1 where operated above the solvent consumption thresholds specified for that activity as set out in that section of that Chapter;

“SED installation” means–

(i)a stationary technical unit where one or more SED activities are carried out; and

(ii)any other location on the same site where any other directly associated activities are carried out;

“small SED installation” means an SED installation which falls within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Annex IIA to the Solvent Emissions Directive or, for the other activities of Annex IIA, which have a solvent consumption of less than 10 tonnes/year;

“the Solvent Emissions Directive” means Council Directive 1999/13/EC M4 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations;”; and

(j)after the definition of “variation notice” insert–

““volatile organic compound” means–

(i)any organic compound having a vapour pressure of 0.01 kPa or more at 293.15K or having a corresponding volatility under the particular conditions of use, or

(ii)the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K;”.

11.  For all occurrences of the words “the Directive” throughout the Regulations substitute “ the IPPC Directive ”.

12.  In regulation 6(2) (requirement for permit to operate installation and mobile plant)–

(a)between sub-paragraphs (b) and (c) delete “and”;

(b)after sub-paragraph (c) insert–

“; and

(d)referred to in Parts 3 and 4 of Schedule 3, the date set out or determined in accordance with those Parts”.

13.  In regulation 7(2) (permits: general provisions) after “regulation 9 (or the applicable provisions of regulation 10 of the 2003 Regulations)” insert “ or regulation 9C ”.

14.  In regulation 9 (conditions of permits: specific requirements)–

(a)at the beginning of paragraph (1)(c), insert “ subject to paragraph (1B), ”;

(b)after paragraph (1A), insert–

“(1B) In relation to an SED installation, conditions shall be included in a permit for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion of solvents, or reducing the amount of solvents contained, in any products.”.

15.  After regulation 9, insert–

“Conditions of permits: solvents

9C.  A permit authorising the operation of an SED installation shall contain such conditions as SEPA considers necessary to give effect to the provisions of the Solvent Emissions Directive.”.

16.  In regulation 10 (general binding rules)–

(a)in paragraph (2), for “regulation 9” substitute “ regulations 9 and 9C ”;

(b)in paragraph (3), for “regulation 9” substitute “ regulations 9 and 9C ”.

17.  In regulation 13 (variation of permits)–

(a)in paragraph (1), for “regulations 8 and 9” substitute “ regulations 8, 9 or 9C ”;

(b)in paragraph (4), for “regulations 8 and 9” substitute “ regulations 8, 9 or 9C of these Regulations ”.

18.  In Schedule 1(activities and installations and mobile plant)–

(a)at the end of Part 1 there is inserted a new Chapter 7 as set out in Schedule 1 to these Regulations;

(b)in Part 2–

(i)in paragraph 2, for sub-paragraph (2) substitute–

“(2) Sub-paragraph (1) shall not apply to–

(i)an SED activity, or

(ii)an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.”;

(ii)in paragraphs 3, 4, 5, 6 and 7, before “Part 1” insert “ any section of Chapters 1 to 6 of ”;

(iii)after paragraph 7 insert–

“7A.  An activity listed in Chapter 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.”; and

(iv)in paragraphs 9(4) and 10 after “Part B”, insert “ (other than a description in Chapter 7 of Part 1) ”;

(c)at the beginning of paragraph 18(d) of Part 3, insert “ Subject to sub-paragraph (e), ”; and

(d)after paragraph 18(d) of Part 3 insert–

“;

(e)sub paragraph (d) shall not apply where the associated activity referred to in that sub-paragraph is an activity which forms part of an SED installation”.

19.  In Schedule 3 (prescribed dates and transitional arrangements)–

(a)in paragraph 5 of Part 1,

(i)in sub-paragraph (1), after “sub-paragraph (2)”, insert “ and (3) ”; and

(ii)after sub-paragraph (2) insert–

“(3) An operator may make an application before the beginning of the relevant period in accordance with regulation 3 of the Solvent Emissions (Scotland) Regulations 2004.”;

(b)in paragraph 9 of Part 2,

(i)after sub-paragraph (2), insert–

“(2A) An operator of an SED installation may with the consent of SEPA make an application for a permit before the date on which an application would otherwise be deemed to have been made under sub-paragraph (3).”;

(ii)in sub paragraph (3), after “sub-paragraph (2)”, insert “ or (2A) ”; and

(c)after Part 2 there are inserted new Parts 3 and 4 as set out in Schedule 2 to these Regulations.

20.  In Schedule 4 (grant of permits)–

(a)in paragraph 1(1)(d), after “Section 5.1 of Part 1 of Schedule 1” insert “or an SED activity or part of an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities);

(b)in paragraph 1(1)(e), delete from “which will have a technical connection” to “pollution”;

(c)in paragraph 1(1)(m), after “regulation 9” insert “ and 9C ”;

(d)after paragraph 1B M5, insert–

“1C.—(1) An application for a permit to operate an installation which contains an SED installation shall include in addition a description of the measures which are envisaged to guarantee in respect of that installation that the installation is designed, equipped and will be operated in such a manner that the requirements of the Solvent Emissions Directive are met including–

(a)where the operator of an SED installation wishes to use a reduction scheme, details of the proposed reduction scheme;

(b)where there are used in an SED installation substances or preparations which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC M6 are assigned or need to carry the risk phrases R45, R46, R49, R60 and R61, a timetable for replacing as far as possible such substances or preparations by less harmful substances or preparations within the shortest possible time taking into account any guidance published under Article 7 of the Solvent Emissions Directive or, in the case of halogenated volatile organic compounds which are assigned or need to carry the risk phrase R40, how the emission limit value in Article 5(8) of the Directive will be complied with.

(2) Where the prescribed date for the installation is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), sub-paragraph (1) shall not apply to an application to operate that part of the installation in which an activity falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 is carried out.”;

(e)after paragraph 3 insert–

“3A.  Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation in which dry cleaning (as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1 (SED activities)) is carried out, as if the following sub-paragraphs were substituted for sub-paragraphs (e) to (h)–

(e)the name and model number, description and number, if any, of the dry cleaning machine, the date when it was installed, the name of its manufacturer and its rated capacity;

(f)details of any spot cleaning to be undertaken and details of checking and maintenance procedures to be followed and of the supervision, training and qualifications of operating staff;

(g)details of the solvents to be used, including a description of any risk phrase substance or preparation;

(h)details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored;”;

(f)for paragraph 8 substitute–

“8.  Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only–

(a)the burning of waste oil (as defined in Section 1.1 of Chapter 1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts; or

(b)the carrying out of an activity falling within paragraph (c)(ii) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations); or

(c)dry cleaning as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1 (SED activities).”; and

(g)for paragraph 10 substitute–

“10.  Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only–

(a)the burning of waste oil (as defined in Section 1.1 of Chapter 1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts; or

(b)dry cleaning as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1 (SED activities).”

21.  In Schedule 7 (applications for variation of conditions)–

(a)after paragraph 1(g), insert–

“(h)in the case of an application for a variation of the conditions of a permit in respect of an SED installation the information specified in paragraph 1C of Part 1 of Schedule 4.”;

(b)in paragraph 2, after “Part A mobile plant” insert “ (but excluding a change in the operation of part of the installation which carries out an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1(and any directly associated activities)) ”; and

(c)for paragraph 4(4) substitute–

“(4) This paragraph shall not apply in relation to an application for a variation of the conditions of a permit or a proposed variation notice in relation to an installation involving only–

(a)the burning of waste oil (as defined in Section 1.1 of Chapter 1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts; or

(b)dry cleaning as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1 (SED activities).”.

Amendment of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991S

22.  The 1991 Regulations shall have effect subject to the following amendments–

(a)in regulation 5 (enforcement)–

(i)at the beginning of paragraph (2) thereof, for “The descriptions of processes” substitute “ Subject to paragraph (3), the descriptions of processes ”;

(ii)after paragraph (2), insert–

“(3) Where in an SED installation activities are carried out falling within any description of processes set out in Schedule 1 under the heading “Part B”, such processes in such an installation are so designated for central control.

(4) For the purposes of this regulation and regulation 6, “SED installation” shall have the same meaning as it has for the purposes of the Pollution Prevention and Control (Scotland) Regulations 2000.”;

(b)in regulation 6 (prescribed substances: release into the air, water or land),

(i)at the beginning of paragraphs (2) and (3), insert–

“Subject to paragraphs (4) and (5),”;

(ii)after paragraph (3), insert–

“(4) Paragraphs (2) and (3) of this regulation shall not apply in relation to any description of processes in an SED installation as designated in accordance with regulation 5(3) of these regulations.

(5) In relation to any description of processes in an SED installation as designated in accordance with regulation 5(3) of these regulations, volatile organic compounds as well as solvents contained in any products are prescribed as substances the release of which into the air, water or land as fugitive emissions is subject to control under those sections.

(6) For the purpose of this regulation, “volatile organic compounds”, “organic compounds” and “fugitive emissions” shall have the same meaning as they have for the purposes of Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities and installations M7.”.