2011 No. 285
The Pollution Prevention and Control (Scotland) Amendment Regulations 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2 of the Pollution Prevention and Control Act 19991 (“the 1999 Act”) and all other powers enabling them to do so.
In accordance with section 2(4) of the 1999 Act, they have consulted with the Scottish Environment Protection Agency, such bodies and 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 or persons as they consider appropriate.
Citation and commencement1
These Regulations may be cited as the Pollution Prevention and Control (Scotland) Amendment Regulations 2011 and come into force on 4th October 2011.
Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000
2
The Pollution Prevention and Control (Scotland) Regulations 20002 are amended as follows.
3
In regulation 2(1) (interpretation: general)—
a
omit the definition of “general binding rules”;
b
after the definition of “hazardous waste” insert—
“hybrid installation or mobile plant” means an installation or mobile plant which is subject to a hybrid permit, and cognate expressions shall be construed accordingly;
“hybrid permit” means a permit containing one or more standard rules conditions together with one or more other conditions included pursuant to regulations 9, 9C, 9D, 9E, or 9F;
c
d
after the definition of “revocation notice” insert—
“rule-making authority” means the Scottish Ministers or SEPA;
e
after the definition of “specified waste management activity” insert—
“standard installation or mobile plant” means an installation or mobile plant described in standard rules, and cognate expressions shall be construed accordingly;
“standard rules” has the meaning given by regulation 10(1);
“standard rules condition” has the meaning given by regulation 10A(1);
“standard rules permit” means a permit containing one or more standard rules conditions and, in relation to any set of standard rules, means a permit containing a standard rules condition in respect of those rules;
4
In regulation 4 (fit and proper person)—
a
omit paragraphs (5)(b) and (7); and
b
in paragraph (6)(c)(ii), after “office” insert “in another body corporate”.
5
In regulation 7 (permits: general provisions)—
a
for paragraph 2 substitute—
2
Subject to paragraphs (3) and (4), where an application is duly made to SEPA, it shall either—
a
grant the permit subject to the conditions required or authorised to be imposed by or under regulations 9, 9C, 9D, 9E, 9F or 10A, or regulation 10 of the 2003 Regulations; or
b
refuse the permit.
b
at the beginning of paragraph (8) insert “Subject to paragraph (8A),”; and
c
after paragraph (8) insert—
8A
A standard rules permit other than a hybrid permit authorising the operation of a standard installation or Part A standard mobile plant shall include either—
a
the plan specified in paragraph (8); or
b
the national grid reference number of—
i
in the case of mobile plant, its site;
ii
in the case of an installation, the location of the installation.
6
In regulation 9 (conditions of permits: specific requirements)—
a
in paragraph (1)(c), for “Part A” substitute “Part B”; and
b
at the end of paragraph (12) insert “, or by a standard rule which has effect as the result of a standard rules condition”.
7
In each of regulations 9C (conditions of permits: solvents), 9D(1) (conditions of permits: batteries), 9E(1) (conditions of permit: waste oils) and 9F(1) (conditions of permit: incineration etc.), at the beginning insert “Subject to regulation 10,”.
8
For regulation 10 (general binding rules) substitute—
Standard rules10
1
Subject to paragraph (2) and regulations 10A to 10F, a rule-making authority may make, revise or revoke rules (“standard rules”) which apply to installations or mobile plant described in the rules.
2
A rule-making authority shall only make or revise standard rules if it is satisfied that the operation of installations or mobile plant will, to the extent that it is covered by standard rules, result in the same level of environmental protection, and in the case of Part A installations and Part A mobile plant the same high level of integrated pollution prevention and control, as would result were there no standard rules and such installations or mobile plant operated under the conditions that would be included in permits under regulations 9, 9C, 9D, 9E, or 9F.
3
A rule-making authority must keep under review all standard rules made by the authority and revise those rules whenever it considers necessary, in order to follow developments in best available techniques or otherwise.
4
In this regulation and regulations 10A to 10F, references to revising standard rules include partial revocation of a set of standard rules, and references to revoking standard rules mean revoking a set of standard rules in their entirety.
Standard rules: conditions of permit10A
1
SEPA may specify in a permit granted under regulation 7 for a standard installation or standard mobile plant that the contents of any relevant set of standard rules as revised from time to time are conditions of the permit (“a standard rules condition”), without prejudice to any other conditions required or authorised to be imposed under regulations 9, 9C, 9D, 9E, or 9F.
2
Where an installation or mobile plant in respect of which a permit has previously been granted under regulation 7 becomes a standard installation or standard mobile plant, SEPA may vary the permit under regulation 13 so as to include a standard rules condition.
3
Where a permit contains a standard rules condition and any other condition of that permit is inconsistent with any of the relevant standard rules, the rules shall prevail to the extent of that inconsistency.
Consultation on standard rules10B
1
Before making, revising or revoking any set of standard rules, a rule-making authority must consult—
a
those persons appearing to the authority to be representative of the interests of those communities likely to be affected by the proposed rules, revision or revocation;
b
those operators appearing to the authority to be likely to be so affected; and
c
such other persons as appear to the authority to be likely to be affected by or otherwise have an interest in the proposed rules, revision or revocation.
2
Paragraph (1) does not apply in respect of any revision which effects only minor administrative change.
3
The duty in paragraph (1) may be satisfied in relation to the making of standard rules by a consultation carried out wholly or partially before the coming into force of this regulation.
Rules made, revised or revoked by the Scottish Ministers10C
After making, revising or revoking any set of standard rules, the Scottish Ministers must notify SEPA and provide it with a copy of the rules or of the revision or revocation.
Publication of standard rules10D
1
Where a rule-making authority has made any standard rules, SEPA must publish them on its website.
2
Standard rules conditions referring to those standard rules may be inserted under regulation 10A(1) and (2) from the day following the date of publication.
Revision of standard rules10E
1
Where a rule-making authority has revised any set of standard rules, SEPA must notify operators holding standard rules permits of—
a
the revision;
b
the date on which the revision is expected to be published on the SEPA website under paragraph (2); and
c
the date on which the revision is expected to take effect in accordance with paragraph (3).
2
Once paragraph (1) has been complied with, SEPA must publish on the SEPA website—
a
the revision;
b
the relevant set of standard rules as amended by the revision; and
c
the date on which the revision will take effect.
3
The date on which the revision will take effect is—
a
in the case of a revision effecting only minor administrative change, the day following the date of publication under paragraph (2);
b
in any other case, twelve weeks after the date of publication under paragraph (2).
Revocation of standard rules10F
1
Where a rule-making authority revokes a set of standard rules, SEPA must publish the revocation on its website.
2
SEPA must not include any standard rules conditions relating to those standard rules in a permit after publication of the revocation.
3
A standard rules condition relating to those standard rules which was included in a permit prior to publication of the revocation shall continue to apply until such time as that permit is next varied under these Regulations, and the relevant standard rules although revoked shall continue to have effect in relation to such a permit until that time.
4
SEPA must ensure that such a permit is varied as soon as reasonably practicable following publication of the revocation.
9
In regulation 13 (variation of permits)—
a
for paragraph (1) substitute—
1
SEPA may vary the conditions of a permit, and shall do so if it appears to SEPA for any reason that regulations 8, 9, 9C, 9D, 9E, 9F, or regulation 10 of the 2003 Regulations, require conditions to be included which are different from the subsisting conditions.
b
for paragraph (4) substitute—
4
Where an application is duly made under paragraph (2), SEPA shall determine in accordance with regulations 8, 9, 9C, 9D, 9E, 9F or 10A, or regulation 10 of the 2003 Regulations, whether to vary the conditions of the permit.
c
after paragraph (4) insert—
4A
Where an application made under paragraph (2) relates to a permit which does not authorise any specified waste management activity, and the proposed variation would authorise such an activity, regulation 7(4) and (5) apply as if the application was an application for a permit.
10
1
In regulation 14(8) (transfer of permits), omit the first occurrence of “in writing (or in electronic form)”.
2
In regulation 15(7) (application to surrender a permit for a Part A installation or mobile plant), omit “in writing (or in electronic form)”.
11
In regulation 22 (appeals)—
a
after paragraph (8) insert—
8A
The determination of an appeal under paragraph (5) which relates to a decision to include in a permit a standard rules condition shall not affect the continued validity of the relevant standard rules.
b
in paragraph (11), for “and 9 (other than paragraph (2))” substitute “, 9 (other than paragraph (2)), 9C, 9D, 9E, 9F, and 10A”.
12
In regulation 23(3) (directions to SEPA), for “Article 17(1)” substitute “Article 18(1)” and for “Article 17(2)” substitute “Article 18(2)”.
13
In Schedule 1 Part 1 Section 1.1 (combustion)—
a
in Part A, omit paragraph (b);
b
in Part B, omit paragraphs (c), (d) and (e);
c
in the provisions on interpretation of Part B, omit paragraph 2; and
d
in the paragraph headed “Interpretation of Section 1.1”, omit the definitions of “waste oil” and “recovered oil”.
14
In Schedule 1 Part 1 Section 3.5 (other mineral activities) Part B paragraph (a), for “, other than the cutting of stone” substitute “(other than the cutting of stone)”.
15
In Schedule 1 Part 1, after Section 6.9 (intensive farming) insert—
SECTION 6.10Carbon capture and storage
PART ACapture of carbon dioxide streams from an installation for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23rd April 2009 on the geological storage of carbon dioxide4.
PART BNIL.
16
In Schedule 2 (best available techniques) paragraph 1(l), for “Article 16(2)” substitute “Article 17(2)”.
17
In Schedule 4 (grant of permits)—
a
b
in paragraph 1(1)(b), after “plant” where first occurring insert “other than a standard installation or Part A standard mobile plant which is not a hybrid installation or mobile plant,”;
c
after paragraph 1(1)(b) insert—
ba
in the case of an application for a permit to operate a standard installation or Part A standard mobile plant which is not a hybrid installation or mobile plant—
i
the address of the site of the installation or mobile plant, and in the case of mobile plant its national grid reference;
ii
the name of the local authority within whose area that site is situated; and
iii
in the case of an installation the national grid reference of the location of the installation on that site;
d
for paragraph 1(1)(m) substitute—
m
in the case of an application to operate a standard installation or mobile plant, a statement as to whether the applicant wishes any permit granted to be a standard rules permit;
e
omit paragraph 3;
f
for paragraph 8(a) substitute—
a
the authorisation of a Part B standard installation which is not a hybrid installation; or
g
omit paragraph 10(a);
h
after paragraph 10 insert—
10A
Paragraph 9(a) and (e) do not apply to an application for a permit to operate a Part B standard installation which is not a hybrid installation.
i
in paragraph 14(1), for “(6)” substitute “(7)”; and
j
in paragraph 17, for “Article 17” substitute “Article 18”.
18
In Schedule 7 (variation of conditions)—
a
after paragraph 1(e) insert—
ea
any information which the operator wishes SEPA to take into account when considering whether the operator is a fit and proper person to carry out any specified waste management activity which would be authorised by those variations;
b
omit paragraph 4(4)(a);
c
in paragraph 6(1), for “(6)” substitute “(7)”;
d
in paragraph 6A(3), for both occurrences of “applicant” substitute “operator”;
e
in paragraph 7(1)(b), for “4(1)(b)(i)” substitute “4(1)(a)”;
f
in paragraph 8, for “permit” substitute “variation”; and
g
in paragraph 9, for “Article 17” substitute “Article 18”.
19
In Schedule 8 (appeals)—
a
after paragraph 2(1)(b) insert—
ba
in the case of an appeal under regulation 22(2) against a variation notice served in connection with a partial transfer under regulation 14, before the expiry of the period of six months beginning with the date of the notice;
b
at the beginning of paragraph 2(1)(c) insert “subject to paragraph (ba),”; and
c
in paragraph 2(2), after “(a)” insert “, (ba)”.
(This note does not form part of these Regulations)