The Scottish Government

THE POLLUTION PREVENTION AND CONTROL (COMBUSTION PLANTS)

(SCOTLAND) DIRECTIONS 2002

The Scottish Ministers, in exercise of the powers conferred on them by regulations 9(2) and 23(2) and (4) of the Pollution Prevention and Control (Scotland) Regulations 2000(a) hereby give the following directions to the Scottish Environment Protection Agency with respect to the carrying out of its functions under those Regulations.

Citation, commencement and application

1. These Directions may be cited as the Pollution Prevention and Control (Combustion Plants) (Scotland) Directions 2002 and shall come into force on 27th November 2002.

2. These Directions extend to Scotland only.

Interpretation

3. In these directions-

"combustion plant" means a combustion plant as defined in Article 2(7) of the Directive and to which the Directive applies(b);

"the Directive" means Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants(c);

"permit" means a permit granted under regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000;

"SEPA" means the Scottish Environment Protection Agency.

Conditions in permits

4. SEPA shall take the necessary steps to ensure that any permit relating to a combustion plant includes such conditions as SEPA considers necessary to give effect to the relevant requirements of the Directive (including any exemptions, exceptions, derogations and other qualifications provided for by the Directive) in accordance with the timetable in the Directive.

5. SEPA shall not apply Article 4(3) of the Directive while "The UK Plan for the Reduction of Emissions into the Air of Sulphur Dioxide and Oxides of Nitrogen from Existing Large Combustion Plants" (20th December 1990), as amended, remains in force.

6. If the plan referred to in paragraph 5 is revoked, SEPA shall apply Article 4(3)(a) (including any exemptions, exceptions, derogations and other qualifications provided for by the Directive) unless a national emissions reduction plan implementing Article 4(3)(b) of the Directive is in force.

7. For the purposes of Article 4(1) of the Directive a plant is "the subject of a full request for a licence" where the operator of the plant has submitted a duly made application for a permit.

Security of energy supplies

8. In any case where Article 7(1) or (3) of the Directive applies, SEPA shall refer to the Scottish Ministers the question of whether there is "an overriding need to maintain energy supplies" in Scotland.

David A. Rogers

A member of the staff of the Scottish Ministers

5 November 2002

(a) S.I. 2000/323.

(b) See articles 1 and 2(7) of the Directive.

(c) O.J.E.C. L 309, 27.11.2001, page 1.