The Solvent Emissions (England and Wales) Regulations 2004

Regulation 8(10)

SCHEDULE 2 NEW PARTS 3 AND 4 OF SCHEDULE 3 TO THE 2000 REGULATIONS (PRESCRIBED DATE AND TRANSITIONAL ARRANGEMENTS)

“PART 3: SED INSTALLATIONS

12.   The prescribed date for a new SED installation is—

(a) in relation to new SED installations brought into operation before the coming into force of the SED Regulations-

(i) where an application for a permit to operate the SED installation is made before the expiry of a period 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;

(ii) where no such application is made, the day after the expiry of the period of 4 months beginning on the date of coming into force of the SED Regulations;

(b) in relation to all other new SED installations, the date of coming into force of the SED Regulations.

13.— (1) Subject to paragraphs 14 and 15, the prescribed date for an existing SED installation is—

(a) where an application for a permit to operate the SED installation is duly made by the relevant date, the determination date for the SED installation;

(b) where no such application is made, 1 November 2006.

(2) For the purposes of sub-paragraph (1) the relevant date for an existing SED installation is—

(a) for installations wishing to use the reduction scheme, 31 October 2005;

(b) for all other installations, 31 October 2006.

14.— (1) Where there was a substantial change in the operation of an existing SED installation before the date of coming into force of the SED Regulations, the prescribed date for the affected part shall be—

(a) where an application for a permit authorising the operation of that part of the installation is duly made before the expiry of a period 4 months beginning on the of date of coming into force of the SED Regulations, the determination date for the SED installation;

(b) where no such application is made, the day after the expiry of the period of 4 months beginning on the date of coming into force of the SED Regulations.

(2) Where an existing SED installation undergoes a substantial change in operation, the prescribed date for the affected part shall be the date on which the change is made, if earlier than the date which would be the prescribed date for the SED installation under this Part.

(3) Sub-paragraphs (1) and (2) do not apply to that part of the SED installation which undergoes a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had that part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Article 5 of the Solvent Emissions Directive.

15.— (1) Where abatement equipment was installed in an existing SED installation before the coming into force of the SED Regulations, the prescribed date for the affected part shall be—

(a) where an application for a permit authorising the operation of the affected part is duly made before the expiry of a period 4 months beginning on the date of coming into force of the SED Regulations, the determination date for the SED installation;

(b) where no such application is made, the day after the expiry of the period of 4 months beginning on the date of coming into force of the SED Regulations.

(2) Subject to sub-paragraph (3), where after the date of coming into force of the SED Regulations abatement equipment is installed in an installation, the prescribed date for the affected part shall be the date on which the abatement equipment is installed if earlier than the date which would be the prescribed date for the SED installation under this Part.

(3) Where the abatement equipment is to be installed in an installation in respect of which the operator has made an application to use a reduction scheme, the prescribed date for the affected part shall be the determination date for that affected part.

16.— (1) Where—

(a) in accordance with the provisions of Part 4 of this Schedule the prescribed date for a Part B installation which carries out in whole or in part an SED activity is to be determined under this Part; and

(b) but for the provisions of Part 4 the operator would have been deemed to have made an application for a permit to operate that plant under paragraph 9(3) of Part 2 of this Schedule,

the application to be made shall relate only to the SED installation and the operator shall be deemed to have made an application to operate the rest of the installation at the same date.

(2) Schedule 4 shall not apply to a deemed application under sub-paragraph (1).

(3) Where sub-paragraph (1) applies, the regulator shall, within 1 month of the date on which the application is deemed to have been made, notify the operator of the installation of the deemed application and of the requirements of sub-paragraph (4).

(4) The regulator shall give notice of its determination of a deemed application under sub-paragraph (1) to the applicant at the same time as it gives notice of its determination of the application relating to the SED installation.

17.— (1) Expressions used both in this Part and in the Solvent Emissions Directive have the same meaning for the purposes of this Part as they have for the Solvent Emissions Directive.

(2) In this Part—

“determination date” means—

(a)

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

(b)

for an SED installation or part of an SED installation, in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;

(c)

for an SED installation or part of an SED installation, in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8, on which notice of appeal might have been given;

(d)

for an SED installation or part of an SED installation, in relation to which an application is withdrawn in accordance with regulation 7(6) or deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4, the date the application is withdrawn, or deemed to have been withdrawn;

“existing SED installation” means—

(a)

an SED installation which was put into operation before 1 April 2001; or

(b)

an SED installation which was subject on 1 April 2001 to a permit or to a full application for a permit and was put into operation on or before 1 April 2002;

“new SED installation” means an SED installation which is put into operation on or after 1 April 2001, other than an existing SED installation.

PART 4: APPLICATION OF PARTS 1 TO 3

18.— (1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.

(2) Where an installation is wholly an SED installation and only carries out activities which do not fall within sections 1.1 to 6.9 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.

(3) Subject to sub-paragraphs (4) to (6), the prescribed date for installations which carry out an activity falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and directly associated activities) shall be determined in accordance with Part 1 or 2.

(4) Subject to sub-paragraphs (5) and (6), where an SED installation carries out activities which are also wholly or partly activities falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 12 and 13 of Part 3 unless—

(a) the activities carried out in the SED installation fall wholly within any description set out in Schedule 1 to the 1991 Regulations under the heading “Part A” and are wholly covered by an authorisation granted under Section 6 of the Environmental Protection Act 1990;

(b) the anticipated prescribed date for the installation under Part 1 or 2 is earlier than the anticipated prescribed date for the SED installation under paragraph 12 or 13 of Part 3; or

(c) an application to operate the installation has already been made or is already deemed to have been made at the date of coming into force of the SED Regulations.

(5) Subject to subparagraph (6), where an installation—

(a) carries out an SED activity and directly associated activities which are only partly also activities falling within a description in sections 1.1 to 6.9 of Part 1 of Schedule 1 and directly associated activities; and

(b) falls within sub-paragraph (4)(b),

the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under sections 1.1 to 6.9 in Part 1 of Schedule 1 (and directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.

(6) Where sub-paragraph (5) applies the operator may apply in writing to the regulator for consent to make an application at the earliest anticipated prescribed date covering the whole installation.

(7) Where abatement equipment is installed in an existing SED installation or an existing installation undergoes a substantial change in operation, the prescribed date for the affected part shall be determined in accordance with paragraphs 14 or 15 of Part 3 unless—

(a) the prescribed date for the installation under Parts 1 or 2 or paragraphs 12 or 13 of Part 3 is earlier than the prescribed date for the affected part of the SED installation under paragraphs 14 or 15 of Part 3; or

(b) in relation to an SED installation in which abatement equipment is installed the activities carried out by the affected part fall wholly within any description set out in Schedule 1 to the 1991 Regulations under the heading “Part A” and are wholly covered by an authorisation granted under Section 6 of the Environmental Protection Act 1990.

19.   In this Schedule—

“affected part” means that part of an SED installation which undergoes a substantial change in operation or in which abatement equipment is installed;

“anticipated prescribed date” means—

(a)

in relation to a prescribed date under Part 1 of this Schedule, the last day of a period of 4 months beginning on the last day for making an application for a permit under that Part;

(b)

in relation to a prescribed date for a deemed application under paragraph 3 of Part 2 of this Schedule, the last day of a period of 12 months from the relevant date specified in paragraph 10 of that Part; or

(c)

in relation to a prescribed date under paragraphs 12 and 13 of Part 3, the last day of a period of 4 months beginning on the last day for making an application for a permit under this Part;

“existing SED installation” means—

(a)

an SED installation which was put into operation before 1 April 2001; or

(b)

an SED installation which was on 1 April 2001 subject to a permit or to a full application for a permit and was put into operation on or before 1 April 2002;

“the 1991 Regulations” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991(1);

“the SED Regulations” means the Solvent Emissions (England and Wales) Regulations 2004.”.

(1)

S.I. 1991/472.