The Solvent Emissions (Scotland) Regulations 2004

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

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 substance or preparation or a substance or preparation used in the installation becomes a risk phrase substance or preparation 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 substance or preparation 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.