The Solvent Emissions (Scotland) Regulations 2004

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

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(1).”.

(1)

O.J. No. L85, 29.3.1999, p.1. Definitions of “volatile organic compound”, “organic compound” and “fugitive emissions” are set out in Article 2(17), 2(16) and 2(10) respectively of the Directive.