Integrated Pollution Prevention and Control (IPPC) Final Consultation Paper

ANNEX 1: DRAFT POLLUTION PREVENTION AND CONTROL REGULATIONS

The draft Scottish PPC Regulations are for consultation. This will be the final opportunity for consultees to comment on the regulations before they are made.

1. Schedule 1 lists the activities to be regulated under the Part A and Part B regimes. The Schedule has been prepared by taking the activities listed in Annex I of the IPPC Directive and merging it with the Schedule of Processes under Part I of the Environmental Protection Act 1990. It is not the Scottish Executive’s current intention to introduce any other activities into the regime other than those in IPC, LAPC and identified in the IPPC Directive.
2. In transposing the IPPC Directive, the Scottish Executive has had to apply the wording in Annex I. In some instances this has resulted in a slight deviation from the definitions of activities or thresholds/capacities listed in the Environmental Protection Act, Prescribed Processes and Substances Regulations (SI 1991/472). The Executive has however attempted to ensure that the two lists of installations are kept consistent. The list in Schedule 1 reflects the interpretation of "installation" set out in Part 5 above. In particular, directly associated activities have not been separately listed given that they will in any case form part of the installation and will therefore be covered by the PPC permit.
3. The draft Regulations will be revised to apply to listed activities carried out by mobile plant, including existing Part B processes.

The Scottish Executive would particularly welcome comments on Schedule 1, and invites consultees to draw attention to any instances where the Regulations have inadvertently included other activities which are not currently regulated under the IPC and LAPC regimes and are not a requirement of the IPPC Directive.

Draft Regulations laid before the Scottish Parliament under section [2(8) of the Pollution Prevention and Control Act 1999], for approval by resolution of the Scottish Parliament.

DRAFT SCOTTISH STATUTORY INSTRUMENTS

1999 No.

[ENVIRONMENTAL PROTECTION]

The Pollution Prevention and Control (Scotland) Regulations 1999

[Made ......................................................

Coming into force ..........................31st October 1999]

ARRANGEMENT OF REGULATIONS

PART I GENERAL
1. Citation and commencement
2. Interpretation
3. Best available techniques
4. Fit and proper person
5. Duties of SEPA in relation to best available techniques

PART II PERMITS
6. Requirement for permit to operate installation
7. Permits : general provisions
8. Conditions of permits : general principles
9. Conditions of permits : specific requirements
10. Periodic review of conditions of permits
11. Proposed change in the operation of an installation
12. Variation of the conditions of permits
13. Transfer of permits
14. Applications to surrender permits
15. Notification of surrender of permits
16. Revocation of permits

PART III ENFORCEMENT
17. Supervision of operation of permitted installations
18. Enforcement notices
19. Suspension notices
20. Power of SEPA to prevent or remedy harm

PART IV APPEALS
21. Appeals to the Scottish Ministers

PART V POWERS OF THE SCOTTISH MINISTERS
22. Directions to SEPA
23. Guidance to SEPA

PART VI INFORMATION AND PUBLICITY
24. Information
25. Public register of information
26. Exclusion from the register of information affecting national security
27. Exclusion from the register of certain confidential information

PART VII PROVISION AS TO OFFENCES
28. Offences
29. Enforcement by the Courts
30. Onus of proof as regards techniques and evidence
31. Power of court to order cause of offence to be remedied

PART VIII GENERAL
32. Application to the Crown
33. Notices
34. Amendments and repeals

SCHEDULES
Schedule 1 Activities and installations
Schedule 2 Best available techniques
Schedule 3 Transitional arrangements
Schedule 4 Grant of permits
Schedule 5 Pollutants
Schedule 6 Compensation in relation to off-site conditions
Schedule 7 Variation of conditions
Schedule 8 Appeals to the Scottish Ministers
Schedule 9 Registers
Schedule 10 Minor amendments
Schedule 11 Repeals

The Scottish Ministers, in exercise of the powers conferred upon them by [section 2 of and Schedule 1 to] the Pollution Prevention and Control Act 19991 and of all other powers enabling them in that behalf, having carried out consultation, as required by section 2(4) of that Act, hereby make the following Regulations, being the first to be made thereunder which apply in relation to Scotland, a draft of which has, in accordance with section 2(8) and (9) of that Act, been laid before, and approved by resolution of the Scottish Parliament:

Footnote

1 1999 c.XX. 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 3(3) of the said Act of 1999.