4.—(1) Where the prescribed dates for an installation, which is already in part subject to a permit, are 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) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to vary the permit to extend its scope to incorporate the whole of the SED installation.
(2) Subject to paragraph (3), the provisions of regulation 13 of and Schedule 7 to the 2000 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 13(2) of the 2000 Regulations.
(3) In relation to an application under paragraph (1)–
(a)regulation 13 shall apply as if–
(i)for paragraph (4) there were substituted the following paragraph–
“(4) Where an application is duly made to SEPA under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004, SEPA shall either vary the permit to extend its scope subject to the conditions required or authorised to be imposed by regulations 9 and 9C or refuse so to vary the permit.”;
(ii)for paragraph (5) there were substituted the following paragraph–
“(5) Where SEPA decides to vary the permit to extend its scope, it shall serve a notice on the operator (a “variation notice”) specifying how the scope of the permit will be extended by the variation, the conditions which will be imposed on the part of the installation covered by the variation and the date on which, unless the notice is withdrawn, the variation shall take effect.”; and
(iii)for paragraph (7) there were substituted the following paragraph–
“(7) Where SEPA decides on an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 not to vary the permit to extend its scope, it shall give notice of its decision to the operator.”;
(b)Schedule 7 shall apply as if–
(i)in paragraph 1(e) after “conditions of the permit” there were inserted “and the extension of the scope of the permit”;
(ii)in paragraph (h) after “conditions of the permit” there were inserted “(including an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004)”;
(iii)at the end of paragraph 4(1) there were inserted after sub paragraph (b)–
“; or
(c)an application is made under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 to vary the permit to extend its scope”; and
(iv)at the end of paragraph 4(9)(c) there were inserted “or, in the case of an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 to vary the permit to extend its scope, the extended scope of the permit that will be authorised by the variation”.
(4) Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2000 Regulations shall be read as if references to an “application for a permit to operate the installation” were references to an “application for variation of a permit”.
(5) An application for a variation of the conditions of a permit under regulation 3(1), (5), (8), (11) and (12) and an application for variation to extend the scope of the permit under paragraph (1) may be combined in one application.