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ANNEX A
THE WASTE INCINERATION (SCOTLAND) REGULATIONS 2003
Scottish Statutory Instrument 2003 No. 170
The Waste Incineration (Scotland) Regulations
2003
© Crown Copyright 2003
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SCOTTISH STATUTORY INSTRUMENTS
2003 No. 170
ENVIRONMENTAL PROTECTION
The Waste Incineration (Scotland) Regulations 2003
Made | 10th March 2003 |
Laid before the Scottish
Parliament | 11th March 2003 |
Coming into force | 1st April 2003 |
The Scottish Ministers, in exercise of the powers
conferred by section 2 of and Schedule 1 to the Pollution
Prevention and Control Act 1999[
1] and of all other powers
enabling them in that behalf, having in accordance with
section 2(4) of that Act consulted the Scottish Environment
Protection Agency, such bodies or persons appearing to them
to be representative of the interests of local government,
industry, agriculture and small businesses respectively as
they consider appropriate, and such other bodies or persons
as they consider appropriate, hereby make the following
Regulations:
Citation, commencement and extent1. - (1) These Regulations may be cited as
the Waste Incineration (Scotland) Regulations 2003 and
shall come into force on 1st April 2003.
(2) These Regulations extend to Scotland only.
Interpretation2. - (1) In these Regulations-
"the 1990 Act" means the Environmental
Protection Act 1990[
2];
"the 2000 Regulations" means the Pollution
Prevention and Control (Scotland) Regulations 2000[
3];
"authorisation" means an authorisation granted
under section 6 of the 1990 Act;
"existing waste incineration installation" means
a waste incineration installation or mobile plant
which-
(a) in the case of such an installation or
mobile plant which is a co-incineration plant, is
one which-
(i) is in operation before 28th December
2002 following the grant of a relevant
approval; or
(ii) is put into operation by 28th
December 2004 following the grant of a
relevant approval before 28th December 2002
or the grant of a relevant approval, where
the application for such an approval was
duly made before 28th December 2002; or
(b) in any other case is one which-
(i) is in operation before 28th December
2002 following the grant of a relevant
approval;
(ii) is put into operation by 28th
December 2003 following the grant of a
relevant approval before 28th December
2002; or
(iii) is put into operation by 28th
December 2004 following the grant of a
relevant approval, where the application
for such an approval was duly made before
28th December 2002,
and where an installation or mobile plant
becomes authorised as a waste incineration
installation or mobile plant for the first time
as a result of a variation or modification
granted for the purposes of sections 10, 11 or
37 of the 1990 Act or regulation 13 of the 2000
Regulations, references in this definition to a
relevant approval shall be construed as
references to that variation or modification
and not to the original relevant approval, and
references to the grant of a relevant approval
shall be construed as references to the service
of a notice giving effect to that variation or
modification;
"licence" means a waste management licence
granted under section 36 of the 1990 Act;
"permit" means a permit granted under regulation
7 of the 2000 Regulations;
"relevant approval" means any of the
following:-
(a) a permit;
(b) an authorisation;
(c) a licence;
(d) an activity which is-
(i) registered under regulation 18 of the
Waste Management Licensing Regulations 1994[
4] as exempt
from the requirement to have a licence; and
(ii) carried out so as to comply with
all the conditions detailed in those
Regulations appropriate for that exemption.
(2) In these Regulations, any word or expression
used which is defined in the 2000 Regulations shall
have the same meaning as it has in those Regulations.
Applications in relation to existing waste
incineration installations or mobile plants
3. - (1) Subject to paragraph (4)
below, where an existing waste incineration
installation or mobile plant is on 31st December 2004
subject to a permit, the operator shall during the
period beginning with 1st January 2005 and ending with
31st March 2005 make an application under regulation 13
of the 2000 Regulations for a variation of the
conditions of that permit.
(2) Subject to paragraph (4) below, where an
existing waste incineration installation or mobile
plant (other than one mentioned in Section 5.1 of Part
1 of Schedule 1 to the 2000 Regulations), is on 31st
December 2004 subject to an authorisation, the operator
shall during the period beginning with 1st January 2005
and ending with 31st March 2005 make an application in
one of the following forms:-
(a) an application for a variation of the
conditions of an authorisation under section 11 of
the 1990 Act; or
(b) an application for a permit under
regulation 7 of the 2000 Regulations.
(3) An application made under paragraphs (1) or (2)
shall contain (in addition to any other information
which may be required), the information specified in
paragraph 1B of Part 1 of Schedule 4 to the 2000
Regulations.
(4) With the consent of the Scottish Environment
Protection Agency, an application under paragraph (1)
or (2) may be made before the beginning of the periods
specified in those paragraphs.
(5) Where a waste incineration installation or
mobile plant would have fallen within paragraph
(a)(ii), (b)(ii) or (b)(iii) of the definition of
existing waste incineration installation or mobile
plant in regulation 2(1) had it been put into operation
before the date specified in the applicable paragraph,
it shall not be put into operation after that date
unless-
(a) in the case of an installation or mobile
plant which is already subject to a permit, the
permit is varied pursuant to an application under
regulation 13 of the 2000 Regulations; or
(b) in any other case, a permit is granted
in relation to the installation.
Transitional provisions
4. In respect of any installation or
mobile plant which by operation of these Regulations
becomes a Part A installation or Part A mobile plant
within the meaning of the 2000 Regulations, Part 1 of
Schedule 3 to the 2000 Regulations shall apply to such
an installation or mobile plant subject to the
following modifications:-
(a) in paragraph 4, in sub-paragraph (1) for
"31st October 1999" there is substituted "28th
December 2002";
(b) in paragraph 6-
(i) for the definition of "existing" there
is substituted-
" "existing" in relation to a Part A
installation or a Part A mobile plant means a
waste incineration installation or mobile plant
which-
(a) in the case of such an installation or
mobile plant which is a co-incineration plant,
is one which-
(i) is in operation before 28th
December 2002 following the grant of a
relevant approval; or
(ii) is put into operation by
28th December 2004 following the grant
of a relevant approval before 28th
December 2002 or the grant of a
relevant approval, where the full
application for such an approval was
made before 28th December 2002; or
(b) in any other case is one which-
(i) is in operation before 28th
December 2002 following the grant of a
relevant approval;
(ii) is put into operation by
28th December 2003 following the grant
of a relevant approval before 28th
December 2002; or
(iii) is put into operation by
28th December 2004 following the grant
of a relevant approval, where the full
application for such an approval was
made before 28th December 2002;";
(ii) in the definition of "new" for
"31st October 1999" there is substituted
"28th December 2002";
(iii) for the definition of
"relevant authorisation" there is
substituted-
"relevant authorisation" means any of the
following:-
(a) a permit;
(b) an authorisation;
(c) a licence;
(d) an activity which is-
(i) registered under regulation 18 of the
Waste Management Licensing Regulations 1994[
5] as exempt
from the requirement to have a licence; and
(ii) carried out so as to comply with
all the conditions detailed in those
Regulations appropriate for that exemption.";
and
(iv) in the definition of "transitional
date" for "the date 6 months after the date on
which these Regulations come into force" there
is substituted "30th September 2003".
Amendments to the 2000 Regulations
5. The 2000 Regulations have effect
subject to the following amendments.
6. In regulation 2 (interpretation:
general)-
(a) after the definition of "variation notice"
there is inserted-
" "waste incineration installation"
means that part of an installation or
mobile plant which includes any of the
following activities:-
(a) the incineration or co-incineration
of waste in an incineration or
co-incineration plant falling within
paragraphs (a), (b), (c), (d) or (e) of
Part A of Section 5.1 of Part 1 of Schedule
1; or
(b) any activity falling within any
Section of that Part of that Schedule which
is carried out in a co-incineration plant
as defined in Section 5.1 of that Part of
that Schedule."; and
(b) after paragraph (2) there is
inserted-
" (2A) For the purposes of these Regulations a
change in the operation of a waste incineration
installation which involves the incineration or
co-incineration for the first time of hazardous
waste shall be treated as a substantial change in
operation, and for the purposes of this paragraph,
"co-incineration" and "hazardous waste" shall have
the meanings given in Section 5.1 of Part I of
Schedule 1.".
In regulation 15 (application to
surrender a permit for a Part A installation or Part A
mobile plant)-
(a) in paragraph (1), for "This regulation"
there is substituted "Subject to paragraph (1A),
this Regulation"; and
(b) after paragraph (1) there is
inserted-
" (1A) This regulation does not apply in
relation to that part of any installation or mobile
plant where an activity falling within paragraphs
(d) or (e) of Part A of Section 5.1 of Part 1 of
Schedule 1 is carried out.".
For regulation 16(1) (notification
of surrender of a permit for a Part B installation or
Part B mobile plant) there is substituted-
" (1) This regulation applies where an operator
of-
(a) a Part B installation or Part B
mobile plant, or
(b) an installation or mobile plant
where an activity falling within paragraphs
(d) or (e) of Part A of Section 5.1 of
Schedule 1 is carried out,
ceases or intends to cease operating the
installation (in whole or in part) or the
mobile plant.".
In Part 1 of Schedule 1
(activities), for Section 5.1 (incineration) there is
substituted-
" SECTION 5.1 -
Incineration and co-incineration of
waste
PART A
(a) The incineration of hazardous waste
in an incineration plant.
(b) Unless carried out as part of
any other Part A activity, the incineration
of hazardous waste in a co-incineration
plant.
(c) The incineration of
non-hazardous waste in an incineration
plant with a capacity of 1 tonne or more
per hour.
(d) The incineration of
non-hazardous waste in an incineration
plant with a capacity of less than 1 tonne
per hour.
(e) Unless carried out as part of
any other Part A activity, the incineration
of non-hazardous waste in a co-incineration
plant.
(f) Unless carried out as part of
any other Part A activity, the incineration
of hazardous waste in an excluded plant.
(g) Unless carried out as part of
any other Part A activity, the incineration
of non-hazardous waste in an excluded plant
with a capacity of one tonne or more per
hour.
PART B
The following activities if operated at
installations not falling under Part A of this
Section:-
(a) The incineration of waste which is
not hazardous waste in an excluded plant
with a capacity of 50 kilogrammes or more
per hour but less than 1 tonne per hour.
(b) The cremation of human
remains.
Interpretation of Section 5.1
In this Section-
"co-incineration" means the use of
wastes as a regular or additional fuel in a
co-incineration plant or the thermal
treatment of waste for the purposes of
disposal in a co-incineration plant;
"co-incineration plant" means any
stationary or mobile plant whose main
purpose is the generation of energy or
production of material products and-
- which uses wastes as a regular or
additional fuel; or
- in which waste is thermally
treated for the purpose of disposal;
if co-incineration takes places in such
a way that the main purpose of the plant is
not the generation of energy or production
of material products but rather the thermal
treatment of waste, the plant shall be
regarded as an incineration plant;
this definition covers the site and the
entire plant including all co-incineration
lines, waste reception, storage, on site
pre-treatment facilities, waste-, fuel- and
air-supply systems, boiler, facilities for
the treatment of exhaust gases, on-site
facilities for treatment or storage of
residues and waste water, stack devices and
systems for controlling incineration
operations, recording and monitoring
incineration conditions;
"excluded plant" means-
(a) a plant treating only the following
wastes:-
(i) vegetable waste from
agriculture and forestry;
(ii) vegetable waste from
the food processing industry, if
the heat generated is recovered;
(iii) fibrous vegetable
waste from virgin pulp production
and from production of paper from
pulp, if it is co-incinerated at
the place of production and the
heat generated is recovered;
(iv) wood waste with the
exception of wood waste which may
contain halogenated organic
compounds or heavy metals as a
result of treatment with
wood-preservatives or coating, and
which includes in particular such
wood waste originating from
construction and demolition waste;
(v) cork waste;
(vi) radioactive waste;
(vii) animal carcasses as
regulated by Directive 90/667/
EEC[
6]
and by Regulation (
EC) No.
1774/2002 of the European
Parliament and of the Council of
3rd October 2002 laying down health
rules concerning animal by-products
not intended for human consumption[
7];
and
(viii) waste resulting from
the exploration for, and the
exploitation of, oil and gas
resources from off-shore
installations and incinerated on
board the installation; and
(b) an experimental plant used for
research, development and testing in
order to improve the incineration
process and which treats less than 50
tonnes of waste per year;
"hazardous waste" means any solid or
liquid waste as defined in Article 1(4) of
Council Directive 91/689/
EEC of 12th December
1991 on hazardous waste[
8] except
for-
(a) combustible liquid wastes including
waste oils as defined in Article 1 of
Council Directive 75/439/
EEC of 16th June 1975 on
the disposal of waste oils[
9]
provided that they meet the following
criteria:-
(i) the mass content of
polychlorinated aromatic
hydrocarbons, e.g. polychlorinated
biphenyls (
PCB) or
pentachlorinated phenol (
PCP) amounts to
concentrations not higher than
those set out in the relevant
Community legislation[
10];
(ii) these wastes are not
rendered hazardous by virtue of
containing other constituents
listed in Annex II to Directive
91/689/
EEC in
quantities or in concentrations
which are inconsistent with the
achievement of the objectives set
out in Article 4 of Directive
75/442/
EEC[
11];
(iii) the net calorific
value amounts to at least 30
MJ per
kilogramme; and
(b) any combustible liquid wastes
which cannot cause, in the flue gas
directly resulting from their
combustion, emissions other than those
from gasoil as defined in Article 1(1)
of Directive 93/12/EEC[
12]
or a higher concentration of emissions
than those resulting from the
combustion of gasoil as so defined;
"incineration" means the thermal
treatment of wastes with or without
recovery of the combustion heat
generated;
"incineration plant" means any
stationary or mobile technical unit and
equipment dedicated to the thermal
treatment of wastes with or without
recovery of the combustion heat generated.
This includes the incineration by oxidation
of waste as well as other thermal treatment
processes such as pyrolysis, gasification
or plasma processes in so far as the
substances resulting from the treatment are
subsequently incinerated.
This definition covers the site and the
entire incineration plant including all
incineration lines, waste reception,
storage, on site pretreatment facilities,
waste-fuel and air-supply systems, boiler,
facilities for the treatment of exhaust
gases, on-site facilities for treatment or
storage of residues and waste water, stack,
devices and systems for controlling
incineration operations recording and
monitoring incineration conditions;
"non-hazardous waste" means waste which
is not hazardous waste;
"waste" means any solid or liquid waste
as defined in Article 1(a) of Directive
75/442/
EEC[
13].".
In Part 1 of Schedule 1, in
Section 6.8, in paragraph (b) of Part A, "except by
incineration" is omitted and after "day" there is
inserted "other than by incineration or co-incineration
at installations falling within Section 5.1 of this
Schedule.".
11. In Part 1 of Schedule 3[
14] (Part A
installations and mobile plant), in Table 1 in
paragraph 2(2) for the entry relating to activities
falling within Part A of Section 5.1 there is
substituted-
Section 5.1 | |
Part A | |
paragraph (a), (b), (c), (d) and (e) | 1st January to 31st March 2005 |
paragraph (f) and (g) | 1st June to 31st August 2005" |
12. In Part 1 of Schedule 4 (application for
permits)-
(a) in paragraph 1(1)(d), after "Part A mobile plant",
there is inserted "(except for an installation or mobile
plant falling within paragraph (d) and (e) of Part A of
Section 5.1 of Part 1 of Schedule 1)";
(b) after paragraph 1A[
15] insert-
"
1B - (1) Subject to paragraph (2), an
application for a permit to operate a waste incineration
installation shall in addition contain a description of the
measures which are envisaged to guarantee in respect of
that installation that-
(a) the plant is designed, equipped and will be
operated in such a manner that the requirements of
Directive 2000/76/
EC[
16] of the
European Parliament and of the Council of 4th
December 2000 on the incineration of waste are met,
taking into account the categories of waste to be
incinerated;
(b) the heat generated during the
incineration and co-incineration process is
recovered as far as practicable, for example,
through combined heat and power, the generating of
process steam or district heating;
(c) the residues will be minimised in their
amount and harmfulness and recycled where
appropriate;
(d) the disposal of the residues which
cannot be prevented, reduced or recycled will be
carried out in conformity with national and
Community legislation[
17]; and
(e) the proposed measurement techniques for
emissions into the air comply with Annex III of
Directive 2000/76/
EC of the European Parliament
and of the Council of 4th December 2000 on the
incineration of waste and, as regards water, comply
with paragraphs 1 and 2 of that Annex.
(2) Sub-paragraph (1) shall not apply to an existing
waste incineration installation in respect of which an
application for a permit is duly made before 28th
December 2004.".
In Part 1 of Schedule 7 (applications for
variation of conditions), after paragraph (1)(f) there is
inserted-
" (g) in the case of an application for the variation of
the conditions of a permit in respect of a waste
incineration installation or mobile plant the information
specified in paragraph 1B of Part 1 of Schedule 4, or where
such information has previously been included in an
application made under these Regulations, a statement of
any changes as respects the matters dealt with in that
paragraph which would result if the proposed change in the
operation of the installation or mobile plant requiring the
variation were made".
In Schedule 9 (registers) at the end of
paragraph 1 there is added-
" (x) a list which identifies all waste incineration
installations which have a capacity of less than two tonnes
per hour and which are the subject of a permit or an
authorisation granted under section 6 of the Environmental
Protection Act 1990[
18] containing conditions
which give effect to the provisions of Directive 2000/76/
EC of the European Parliament and of the
Council of 4th December 2000 on the incineration of
waste;".
Amendments to the Waste Management Licensing
Regulations 1994
15. The Waste Management Licensing Regulations
1994[
19] shall have effect subject
to the following amendments:-
(a) in paragraph (1)(bb) of regulation 16 (exclusion of
activities under other control regimes from waste
management licensing), "paragraph (a) or (b)" is omitted,
and
(b) in paragraph 29 of Schedule 3, for "an exempt
incineration plant" there is substituted "an incineration
plant or a co-incineration plant with a capacity of less
than 50 kg per hour which is an excluded plant".
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
10th March 2003
EXPLANATORY NOTE(This note is not part of the Regulations)
These Regulations are made under section 2 of the
Pollution Prevention and Control Act 1999 (c.24.). They
implement in Scotland the provisions of Directive 2000/76/
EC of the European Parliament and of the
Council of 4 December 2000 on the incineration of waste (
O.J. No. L 332, 28.12.00, p.91.) (the
Directive), together with the Pollution Prevention and Control
(Waste Incineration Directive) (Scotland) Directions 2003 and
the Environmental Protection Act (Waste Incineration Directive)
(Scotland) Directions 2003.
Regulation 3 requires applications to be made by the
operators of certain existing waste incineration installations
(as defined in regulation 2) within the period 1st January to
31st March 2005. The applications must be made under the
Pollution Prevention and Control (Scotland) Regulations 2000 (
S.S.I. 2000/323) (the 2000 Regulations) or
the Environmental Protection Act 1990 (1990 c.43.) and must
contain the information specified in regulation 12. Regulation
3(5) prohibits certain waste incineration installations or
mobile plants from being put into operation until the relevant
application has been determined.
Regulation 4 contains transitional provisions for waste
incineration installations or mobile plants which require a
permit under the 2000 Regulations as a result of these
Regulations.
Regulations 5 to 14 make a number of amendments to the
2000 Regulations. These include: an extension of the definition
of "substantial change in operation" in regulation 2 of those
Regulations; a revision of Sections 1.1 and 5.1 of Part 1 of
Schedule 1 (which describes the waste incineration
installations which are subject to the 2000 Regulations);
amendments to the transitional timetable in Schedule 3 and the
requirements of Schedules 4 and 7 which apply to waste
incineration installations; and an addition to the list of
information in Schedule 9 which is required to be kept on the
public register maintained under the 2000 Regulations.
Regulation 15 makes consequential amendments to the
Waste Management Licensing Regulations 1994.
Copies of (a) the Pollution Prevention and Control
(Waste Incineration Directive) (Scotland) Directions 2003; (b)
the Environmental Protection Act (Waste Incineration Directive)
(Scotland) Directions 2003; and (c) the Regulatory Impact
Assessment which has been prepared in respect of these
Regulations can be obtained from the Scottish Executive
Environment and Rural Affairs Department, Victoria Quay,
Edinburgh, EH6 6QQ.
Notes:
[1] 1999
c.24. The functions of the Secretary of State were
transferred to the Scottish Ministers by virtue of section 53
of the Scotland Act 1998 (
c.46), as read with section 5(3) of the said Act
of 1999.
back[2] 1990
c.43.
back[3]
S.S.I. 2000/32 as amended by
S.S.I 2003/185 and
S.S.I. 2003/204.
back[4]
S.I. 1994/1056; relevant amending
instruments are
S.I. 1995/288, 1996/634 and 972, 1998/606
and
S.S.I. 2000/323.
back[5]
S.I. 1994/1056; relevant amending
instruments are
S.I. 1995/288, 1996/634 and 972, 1998/606
and
S.S.I. 2000/323.
back[6]
O.J.No. L 363, 27.12.90,
p.51.
back[7]
O.J.No. L 273, 10.10.2002,
p.1.
back[8]
O.J.No. L 377, 31.12.91,
p.20 amended by Council Directive 94/31/
EC (
O.J.No. L 168, 02.07.94,
p.28).
back[9]
O.J.No. L 194, 25.07.75,
p.23.
back[10] In particular Council
Directive 96/59/
EC (
O.J.No. L 243, 24.09.96,
p.31).
back[11]
O.J.No. L 194, 25.07.75,
p.39 amended by Council Directives 91/156/
EEC (
O.J. No. L 78, 26.03.91,
p.32) and 91/692/
EEC (
O.J.No. L 377, 31.12.91,
p.48) and Commission Decision 96/350/
EC (
O.J.No. L 135, 06.06.96,
p.32).
back[12]
O.J.No. L 74, 27.03.93,
p.81 amended by Council Directive 99/32/
EC (
O.J. No. L 121, 11.05.99,
p.13).
back[13]
O.J.No. L 194, 25.7.78,
p.39.
back[14] Paragraph 2(2) of Part I
of Schedule 3 is amended by the Pollution Prevention and
Control (Scotland) Amendment Regulations 2003 (
S.S.I. 2003/171).
back[15] Schedule 4 is amended by
the Landfill (Scotland) Regulations 2003 (
S.S.I. 2003/ 208).
back[16]
O.J.No. L 332, 28.12.00,
p.91.
back[17] For example, Council
Directive 75/442/
EEC (on waste) (
O.J.No. L 194, 25.07.75,
p.39), as amended by Council Directives 91/156/
EEC (
O.J. L 78, 26.03.91,
p.32) and 91/692/
EEC (
O.J.No. L 377, 31.12.91,
p.48) and Commission Decision 96/350/
EC (
O.J. No. L 135, 06.06.96,
p.32) and Part II of the Environmental Protection
Act 1990 (
c.43) and the Waste Management Licensing
Regulations 1994 (
S.I. 1994/1056) (as amended).
back[18] 1990
c.43.
back[19]
S.I. 1994/1056; relevant amending
instruments are
S.I. 1995/288, 1996/634, 1996/972; 1998/606;
S.S.I. 2000/323 and
S.S.I. 2003/.
back
ISBN0 11062300 2
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