The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

PART 2 Amendments to legislation concerning environmental protection

The Air Quality Standards (Scotland) Regulations 2010

2.  In regulation 18(4) (duties in relation to target values) of the Air Quality Standards (Scotland) Regulations 2010(1), for “Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control” substitute “the Pollution Prevention and Control (Scotland) Regulations 2012(2)”.

The Pollution Prevention and Control (Scotland) Regulations 2012

3.—(1) The Pollution Prevention and Control (Scotland) Regulations 2012 are amended as follows.

(2) In regulation 26 (schedule 1 conditions: large combustion plants)—

(a) the existing text becomes paragraph (1), and

(b) after paragraph (1), insert—

“(2) When interpreting the Industrial Emissions Directive for the purposes of this regulation, “small isolated system” means any system with consumption of less than 3000 gigawatt hours in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems.”.

(3) In regulation 32 (schedule 1 conditions: volatile organic compounds)—

(a) in paragraph (1)(a) after “service stations” insert “(as last amended by Decision (EU) 2018/853(3))”, and

(b) after paragraph (2) insert—

“(3) When interpreting Directive 94/63/EC of the European Parliament and Council on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations(4) for the purposes of this regulation, Article 2(k) is to be read as if the reference to Chapter 1 of Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels(5) were a reference to Article 3(c), as read with Article 2, of Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC(6).”.

(4) In paragraph 7 of schedule 2 (solvent emissions: SEPA functions)—

(a) the existing text becomes sub-paragraph (1), and

(b) after sub-paragraph (1) insert—

“(2) When interpreting the Industrial Emissions Directive for the purposes of this paragraph, Article 5 of the Industrial Emissions Directive is to be read as if a reference to a numbered Article of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(7) were a reference to the same numbered Article of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment(8), as last amended by Directive 2014/52/EU of the European Parliament and of the Council(9).”.

(1)

S.S.I. 2010/204.

(2)

S.S.I. 2012/360, to which there are amendments not relevant to these Regulations.

(3)

OJ L 150, 14.6.2018, p.155.

(4)

OJ L 365, 31.12.1994, p.24, as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p.1), Regulation (EC) No 1137/2008 (OJ L 311, 21.11.2008, p.1), Directive 2009/126/EC (285, 31.10.2009, p.36) and Decision (EU) 2018/853 (OJ L 150, 14.6.2018, p.155).

(5)

OJ L 301, 28.10.1982, p.1. Chapter 1 refers to Chapter 1 of Annex II.

(6)

OJ L 252, 16.09.2016, p.118.

(7)

OJ L 175, 5.7.1985, p.40.

(8)

OJ L 26, 28.1.2012, p.1.

(9)

OJ L 124, 25.4.2014, p.1.