The Solvent Emissions (Scotland) Regulations 2004

Application for variation of the conditions of an existing permit or authorisation in relation to installations covered by the Solvent Emissions Directive

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 substance or preparation ; 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 substance or preparation; and

(b) the SED installation or part of the SED installation in which the substance or preparation 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 substance or preparation, and

(b) the SED installation or part of the SED installation in which it is proposed to use the risk phrase substance or preparation 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 preparation before the determination date.

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

(a) a substance or preparation used in a new or an existing installation becomes a risk phrase substance or preparation, and

(b) the SED installation or part of the SED installation in which the substance or preparation 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 is assigned to that substance or preparation–

(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–

(a)

in relation to an application for a variation of a permit, the date on which the permit is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it;

(b)

in relation to an application for a variation of an authorisation, the date on which the authorisation is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it, or

(c)

in relation to an application for a permit, the date on which the permit is granted, whether in pursuance of an application for the permit or, on appeal, of a direction to grant it.

“the SED date” means–

(a)

in relation to an existing SED installation for which the operator wishes to use a reduction scheme, 31st October 2005;

(b)

in relation to all other existing SED installations, 31st October 2006.