The Solvent Emissions (Scotland) Regulations 2004 (revoked)

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 M1, 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 M2 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).”