1. An operator of an existing plant, new plant or other combustion plant who wishes to operate that plant under an exception provided for in regulation 4(2) may apply to SEPA for a sulphur content of liquid fuels permit if the operation of that plant does not require–
(a)an authorisation under Part I of the Environmental Protection Act 1990; or
(b)a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999.