(This note is not part of the Regulations)
These Regulations implement, in Scotland, Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels.
The Regulations–
(a)make it an offence to use heavy fuel oil on or after 1st January 2003 with a sulphur content exceeding 1 per cent, subject to certain exceptions (regulation 3);
(b)make it an offence to use gas oil, including marine gas oil, on or after 1st July 2000 with a sulphur content exceeding 0.2 per cent by mass and to use such oil on or after 1st January 2008 with a sulphur content exceeding 0.1 per cent by mass (regulation 4);
(c)require SEPA to monitor sulphur dioxide emissions for the purposes of permits referred to in regulation 3 and require the Scottish Ministers to check by sampling that the sulphur content of fuels used complies with the requirements of regulations 3 and 4;
(d)revoke the Marketing of Gas Oil (Sulphur Content) Regulations 1994, in so far as they extend to Scotland, which are superseded by these Regulations;
(e)provide for the granting of permits to enable an operator of a combustion plant who would not otherwise require a permit to operate the plant to apply for a permit so that such an operator can take advantage of the exemptions to the restriction on the use of heavy fuel oil (Schedule 1); and
(f)set out technical requirements for the analysis of samples taken by SEPA under regulation 5 (Schedule 2).
A regulatory impact assessment has been prepared and copies can be obtained from the Air Quality Team, Rural Affairs Department, The Scottish Executive, Victoria Quay, Edinburgh EH6 6QQ. A copy has been placed in the library of the Scottish Parliament.
Copies of the British Standards publications referred to in these Regulations may be obtained from any of the outlets operated by the British Standards Institution, or by post from the British Standards Institution at Standards House, 389 Chiswick High Road, London W4 4AL. The “Integrated Customs Tariff of the United Kingdom,” which sets out the CN codes used in the definitions of “gas oil” and “heavy fuel oil”, are published by HMSO, and available from HMSO Bookshops. The 1999 Annual Book of ASTM Standards is available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, USA.