The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, and all other powers enabling them to do so.
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2011 and come into force on 31st December 2011.
(2)
These Regulations extend to Scotland only.
Amendment of the Prescribed Processes and Substances Regulations2.
(1)
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 M2 are amended as follows.
(2)
In schedule 1 (description of processes), Chapter 1 (fuel production processes, etc.), Section 1.4, omit Part B.
Amendment of the Applications, Appeals and Registers Regulations3.
(1)
The Environmental Protection (Applications, Appeals and Registers) Regulations 1991 M3 are amended as follows.
(2)
In regulation 3 (variation of conditions), paragraph (3), sub-paragraph (iv), for “736 of the Companies Act 1985 M4” substitute “
1159 of the Companies Act 2006 M5
”
.
(3)
In regulation 4 (consultation)—
(a)
in paragraph (1) omit “and except in the case of a prescribed process to which regulation 6A below applies,”;
(b)
omit paragraph (1A); and
(c)
omit paragraph (8).
(4)
In regulation 5 (advertisements), in paragraph (1) omit “and 6A”.
(5)
Omit regulation 6A (exemption for service stations).
Amendment of the Pollution Prevention and Control RegulationsF14.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation5.
The Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) (Petrol Vapour Recovery) Regulations 1996 M6 are revoked.
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations transpose Directive 2009/126/EC of the European Parliament and of the Council on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (“the PVR II Directive”) (OJ No L 285, 31.10.2009, p. 36), so far as is required in order for that Directive to be implemented through an authorisation under Part II of the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323) (the “PPC Regulations”).
Regulation 2 amends the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (S.I. 1991/472) (the “PPS Regulations”) so that processes relating to the storage and unloading of petrol are no longer capable of being authorised under those Regulations as well as under the PPC Regulations (see also regulation 5).
Regulation 3 makes consequential amendments to the Environmental Protection (Applications, Appeals and Registers) Regulations 1996 (S.I. 1996/507) needed as a result of the changes to the PPS Regulations.
Regulation 4 amends the PPC Regulations so that activities subject to requirements introduced by the PVR II Directive require to be authorised by the dates specified in regulation 26 of those Regulations.
Regulation 5 revokes the Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) (Petrol Vapour Recovery) Regulations 1996 (S.I. 1996/2678). Those regulations made provision in the PPS Regulations for implementation of Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ No L 365, 31.12.1994, p. 24), and that provision is duplicated in the PPC Regulations as amended by these Regulations.
A Business and Regulatory Impact Assessment has been prepared, and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Environmental Quality Division, Scottish Government, Victoria Quay, Edinburgh EH6 6QQ.