Schedule 11 NEW SCHEDULE 20 TO BE INSERTED INTO THE 2018 REGULATIONS

“SCHEDULE 20

SCHEDULE 20 EMISSIONS ACTIVITIES

Regulation 6(1)

PART 1

Interpretation

Scope

1.

This schedule applies to schedule 20 emissions activities.

Interpretation: polluting substances

2.

(1)

For the purposes of this schedule, the substances in sub-paragraphs (2) and (3) are “polluting substances”.

(2)

Polluting substances in air—

(a)

sulphur dioxide and other sulphur compounds,

(b)

oxides of nitrogen and other nitrogen compounds,

(c)

carbon monoxide,

(d)

volatile organic compounds,

(e)

metals and their compounds,

(f)

dust including fine particulate matter,

(g)

asbestos (suspended particulates and fibres),

(h)

chlorine and its compounds,

(i)

fluorine and its compounds,

(j)

arsenic and its compounds,

(k)

cyanides,

(l)

substances and mixtures which have been proven to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air,

(m)

polychlorinated dibenzodioxins and polychlorinated dibenzofurans.

(3)

Polluting substances in water—

(a)

organo-halogen compounds and substances which may form such compounds in the aquatic environment,

(b)

organo-phosphorous compounds,

(c)

organotin compounds,

(d)

substances and preparations, or the breakdown products of such, which have been proved to possess carcinogenic or mutagenic properties or properties which may affect steroidogenic, thyroid, reproduction or other endocrine-related functions in or via the aquatic environment,

(e)

persistent hydrocarbons and persistent and bio-accumulable organic toxic substances,

(f)

cyanides,

(g)

metals and their compounds,

(h)

arsenic and its compounds,

(i)

biocides and plant protection products,

(j)

materials in suspension,

(k)

substances which contribute to eutrophication (in particular, nitrates and phosphates),

(l)

substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as biochemical oxygen demand (BOD) and chemical oxygen demand (COD) etc.),

(m)

substances listed in Annex X to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy^f1.

PART 2

Amendments to common framework provisions

General principles: waste hierarchy

3.

(1)

SEPA must take the waste hierarchy aim into account when carrying out a relevant function contained in sub-paragraph (5) to the extent that the function relates to a schedule 20 emissions activity.

(2)

The waste hierarchy aim is that all appropriate measures are taken to apply the following waste hierarchy in the manner set out in sub-paragraphs (3) and (4)—

(a)

waste prevention,

(b)

preparing for re-use,

(c)

recycling,

(d)

other recovery, including energy recovery,

(e)

disposal.

(3)

The waste hierarchy is to be applied in a way which—

(a)

delivers the best overall environmental outcome,

(b)

takes account of—

(i)

the environmental principles of precaution and sustainability,

(ii)

technical feasibility,

(iii)

economic viability,

(iv)

the protection of resources, including reducing overall impacts of resource use and improving efficiency of such use,

(v)

the overall environmental, human health and social impacts.

(4)

The waste hierarchy may be departed from for particular types of waste where justified in order to ensure the best overall environmental outcome is delivered, and by reference to—

(a)

the measures available to the authorised person in the circumstances,

(b)

the overall impact of the generation and management of such types of waste.

(5)

The relevant functions are—

(a)

specification of permit conditions under regulation 22(1)(c), (3) and (4),

(b)

determination and revision of standard conditions under regulation 33.

General principles: BAT

4.

SEPA must where applicable set permit conditions in accordance with the following principles relevant to BAT—

(a)

best available techniques are applied as appropriate,

(b)

the relevant BAT applicable to an activity is as determined by SEPA,

(c)

BAT conclusions are the reference point for setting permit conditions,

(d)

stricter permit conditions than those achievable by the use of best available techniques as described in relevant BAT conclusions may be set,

(e)

emission limit values and equivalent parameters and technical measures as required by paragraph 10 of this schedule must be based on best available techniques, without prescribing the use of any technique or specific technology,

(f)

where permit conditions are set on the basis of a best available technique not described in any of the relevant BAT conclusions, the technique must be—

(i)

determined by giving special consideration to the criteria listed in paragraph 5 of this schedule, and

(ii)

in compliance with paragraphs 10 and 11 of this schedule,

(g)

where an activity or type of production process carried out at an installation is not covered by any of the BAT conclusions, or where those BAT conclusions do not address all of the potential environmental effects of the activity or process, SEPA must—

(i)

engage with the authorised person,

(ii)

set, after the engagement in head (i), the permit conditions, including emission limit values under paragraph 11 of this schedule, on the basis of the best available techniques that SEPA has determined for those activities or processes by giving special consideration to the criteria listed in paragraph 5 of this schedule,

(h)

where monitoring is required by paragraph 10 of this schedule, monitoring requirements are to be, where applicable, based on the conclusions on monitoring as described in the BAT conclusions,

(i)

where achieving an environmental quality standard requires stricter conditions than those achievable by the use of best available techniques, SEPA—

(i)

must include additional measures in the permit,

(ii)

may take into account other measures which may be taken in to relation to achieving an environmental quality standard.

BAT: criteria for determining

5.

The following criteria are to be considered by SEPA in determining best available techniques—

(a)

the use of low-waste technology,

(b)

the use of less hazardous substances,

(c)

the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate,

(d)

comparable processes, facilities or methods of operation which have been tried with success on an industrial scale,

(e)

technological advances and changes in scientific knowledge and understanding,

(f)

the nature, effects and volume of the emissions concerned,

(g)

the commissioning dates for new or existing installations,

(h)

the length of time needed to introduce the best available technique,

(i)

the consumption and nature of raw materials (including water) used in the process and energy efficiency,

(j)

the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it,

(k)

the need to prevent accidents and to minimise the consequences for the environment,

(l)

information published by public international organisations.

Duties relating to standard conditions

6.

(1)

When determining or revising standard conditions in relation to schedule 20 emissions activities, SEPA must ensure—

(a)

an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions,

(b)

that the conditions are based on the best available techniques for preventing, or where that is not practicable reducing, emissions from an activity, without prescribing the use of any specific technique or specific technology.

(2)

SEPA must—

(a)

ensure standard conditions in relation to schedule 20 activities are periodically reviewed, and

(b)

revise any such standard conditions whenever it considers it necessary to do so in order to—

(i)

follow developments in best available techniques,

(ii)

ensure compliance with assimilated and domestic law implementing the Industrial Emissions Directive.

Authorisations: general

7.

A schedule 20 emissions activity may only be authorised by permit.

Permits: applications

8.

(1)

An application for a schedule 20 emissions activity, other than an organic solvents emission activity, must include—

(a)

a description of the installation and its activities,

(b)

a description of the raw and auxiliary materials, other substances, and energy to be used in or generated by the installation,

(c)

the sources of emissions from the installation,

(d)

the nature and quantities of foreseeable emissions from the installation into each environmental medium and identification of significant effects of the emissions on the environment and human health,

(e)

a site report,

(f)

a baseline report where the activity involves the use, the production or release of relevant hazardous substances,

(g)

a description of the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation,

(h)

a description of measures for the prevention, preparation for re-use, recycling and recovery of waste generated by the installation,

(i)

a description of further measures planned to comply with the general aims in regulation 9 of these Regulations as read with paragraph 4 of this schedule,

(j)

a description of the measures proposed to monitor emissions,

(k)

a description of the main alternatives to the proposed technology, techniques and measures considered by the applicant,

(l)

a non-technical summary of this information.

(2)

Where an application is for a schedule 20 emissions activity which is an organic solvents activity—

(a)

the application must include the items in sub-paragraph (1) with the exception of the items in heads (b) and (h), and

(b)

the reference to emissions into each environmental medium in sub-paragraph (1)(d) is to be read as a reference to emissions into the air.

(3)

SEPA may on request by the applicant waive the requirement in sub-paragraph (1)(f) to provide a baseline report, having regard for that purpose to the possibility of soil and groundwater contamination.

(4)

Where information produced in response to any of the following legislation fulfils any of the requirements of sub-paragraph (1), it may be included in, or attached to the application—

(a)

The Control of Major Accident Hazards Regulations 2015^f2,

(b)

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017^f3, or

(c)

any other relevant legislation.

(5)

Where an applicant includes the information referred to in sub-paragraph (4) in, or attached to an application, the applicant must specify which of the requirements of sub-paragraph (1) is addressed by that information and where the information can be located.

Permits: general conditions

9.

(1)

A permit for a schedule 20 emissions activity must include—

(a)

such conditions as SEPA considers appropriate to ensure protection of the soil and groundwater including—

(i)

appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater,

(ii)

appropriate requirements for periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation,

(iii)

for the purposes of head (ii), periodic monitoring of—

(aa)

groundwater must be carried out at least once every 5 years,

(bb)

soil must be carried out at least once every 10 years,

unless SEPA determines that a different frequency of periodic monitoring is appropriate on the basis of a systematic appraisal of the risk of contamination of soil and groundwater,

(b)

conditions to ensure appropriate monitoring and management of waste generated by the installation,

(c)

conditions to ensure suitable emission monitoring requirements specifying measurement methodology, frequency and evaluation procedure,

(d)

conditions relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations,

(e)

conditions aimed at minimising long-distance or transboundary pollution,

(f)

conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere,

(g)

conditions requiring the authorised person to supply SEPA regularly, and at least annually, with—

(i)

the results of emission monitoring,

(ii)

other necessary information,

(iii)

where paragraph 11(6) of this schedule applies, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques,

enabling SEPA to verify compliance with permit conditions,

(2)

The requirements of this paragraph and paragraph 10 of this schedule apply to the activities listed in paragraph 46(10) without prejudice to animal welfare legislation.

Permits: emission limit values and environmental quality standards

10.

(1)

A permit for a schedule 20 emissions activity must, unless sub-paragraph (2) applies, include emission limit values for—

(a)

polluting substances listed in paragraph 2,

(b)

other polluting substances,

likely to be emitted in significant quantities from an installation, having regard to the nature of the pollutant, and the potential for emissions to transfer pollution from one environmental medium to another.

(2)

SEPA may supplement or replace an emission limit value by an equivalent parameter or technical measure ensuring an equivalent level of protection for the environment.

(3)

An emission limit value set pursuant to sub-paragraph (1) must apply at the point at which the emissions leave the installation with any dilution before that point being disregarded for the purpose of determining the emission limit value.

(4)

Where relevant BAT conclusions contain an emission level associated with the best available techniques, an emission limit value must ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques laid down in those BAT conclusions.

(5)

In order to meet the requirements of sub-paragraph (4), emission limit values may—

(a)

be set at emission levels that do not exceed the emission levels associated with the best available techniques and be expressed for the same or a shorter period of time, and under the same reference conditions, as for the emission levels associated with the best available techniques, or

(b)

be set at different emission levels than those in sub-paragraph (a) in terms of values, periods of time or reference conditions.

(6)

Where an emission limit value is set at a different emission level, in terms of values, periods of time, and reference conditions in accordance with sub-paragraph (5)(b), SEPA must—

(a)

assess the results of emissions monitoring at least annually in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques during that period, and

(b)

ensure that the results of emissions monitoring are available for the same period of time and reference conditions as for the emission levels associated with the best available techniques.

(7)

SEPA may grant a derogation to the emission limit values required by sub-paragraph (4) on application by the authorised person requesting a variation, where—

(a)

an assessment shows that achievement of the emission levels associated with the best available techniques as described in any applicable BAT conclusions relevant to the activity as determined by SEPA, would lead to disproportionately higher costs compared to environmental benefits due to—

(i)

the geographical location or local environmental conditions of the installation, or

(ii)

the technical characteristics of the installation,

(b)

the emission limit value set—

(i)

does not exceed the emission limit values set out in schedules 21 to 24 for a particular industrial emissions activity,

(ii)

ensures that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved, and

(c)

a schedule to the permit specifies the reasons for setting a less strict emission limit value, including the result of the assessment under head (a) and the justification for the conditions imposed.

(8)

SEPA may take into account the effect of a wastewater treatment plant when determining the emission limit values applying in relation to indirect releases of polluting substances into water from an installation provided that—

(a)

doing so does not lead to higher levels of pollution in the environment, and

(b)

an equivalent level of protection of the environment as a whole is achieved.

(9)

Where relevant BAT conclusions describe best available techniques, but do not contain an emission level associated with the techniques, an emission limit value must—

(a)

be determined by giving special consideration to the principles specified in paragraph 4, and

(b)

ensure a level of environmental protection equivalent to the techniques described in the BAT conclusions.

(10)

Where permit conditions are based on best available techniques not described in any relevant BAT conclusions and which do not contain an emission level associated with those techniques, an emission limit value must—

(a)

be determined by giving special consideration to the principles specified in paragraph 4 of this schedule,

(b)

ensure a level of environmental protection equivalent to the best available techniques described in the BAT conclusions.

(11)

In this paragraph—

• “equivalent level of protection” means achieving the equivalent percent reduction in concentration of each relevant pollutant when using the downstream wastewater treatment plant, whilst ignoring any dilution from other wastewater streams, that would be achieved through applying the emission limits associated with best available techniques at the point of discharge from the installation,

• “less strict emission limit value” means a value that is higher than the value that would otherwise be set if based on best available techniques.

Exception for the testing and use of emerging techniques

11.

SEPA may, on determining an application for a variation by an authorised person, or as part of an application for a permit, set less strict conditions than those that would otherwise be required by paragraphs 4(e) and 10(4) of this schedule for the purpose of the testing and use of an emerging technique provided that—

(a)

the less strict conditions apply for a period of time not to exceed 9 months, and

(b)

after that period of time—

(i)

use of the technique stops, or

(ii)

the activity achieves at least the emission levels associated with the best available techniques.

Permits: surrender applications

12.

(1)

In considering the impact on the environment resulting from the carrying on, and cessation of a schedule 20 emissions activity in accordance with paragraph 14(1) of schedule 1, SEPA must consider—

(a)

the condition of the soil and groundwater affected by the activity, including at the site of the installation, and

(b)

any changes from the condition of the site as described in the site report, and where applicable, the baseline report.

(2)

SEPA must not grant an application for surrender for a schedule 20 emissions activity unless—

(a)

the authorised person has taken the necessary measures to address any significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report, taking account of the technical feasibility of such measures, and

(b)

where the contamination of soil and groundwater at the site poses a significant risk to human health or the environment as a result of the regulated activity, the authorised person has taken the necessary actions to remove, control, contain or reduce any hazardous substances so that the site ceases to pose such a risk, taking account of its current or approved future use.

Permits: reviews

13.

(1)

SEPA must periodically review the conditions of permits for schedule 20 emissions activities, and where necessary, update permit conditions to ensure compliance with this schedule.

(2)

SEPA must, in reviewing permit conditions—

(a)

consider any information resulting from monitoring or inspections,

(b)

where that review takes place by virtue of sub-paragraph (4)(a)—

(i)

take into account the BAT conclusions prompting the review,

(ii)

take into account any BAT conclusions for other activities within the installation published since the permit was granted or last reviewed,

(iii)

reconsider any derogations to emission limit values associated with BAT conclusions.

(3)

Where a review takes place by virtue of any of sub-paragraph (4)(b) to (f), SEPA may take into account any relevant BAT conclusions and reconsider any derogations to emission limit values associated with those BAT conclusions.

(4)

In this paragraph, “periodically” means—

(a)

within 4 years of the publication of decision on BAT conclusions relating to the main activity of the installation,

(b)

when necessary to comply with a new or revised environmental quality standard,

(c)

when pollution caused by an installation is of such significance that the emission limit values in the permit need to be reviewed or new emission limit values need to be included,

(d)

when the operational safety of the activities carried out in the installation requires that other techniques be used,

(e)

when there are developments in the best available techniques that allow for significant reduction of emissions in a case where the regulated activities are not covered by any of the BAT conclusions, or

(f)

when considered appropriate by SEPA.

Environmental inspection plans

14.

(1)

SEPA must maintain an environmental inspection plan in respect of schedule 20 emissions activities.

(2)

An environmental inspection plan must—

(a)

include a general assessment of relevant significant environmental issues,

(b)

include a list of the installations covered by the plan,

(c)

provide for a procedure for drawing up programmes for routine environmental inspections under paragraph 15(1)(b) of this schedule,

(d)

provide a procedure for non-routine environmental inspections under paragraph 15(3) and (5) of this schedule,

(3)

An environmental inspection plan may be comprised of one or more plans, documents or strategies, and may be prepared at a national, regional or local level.

(4)

SEPA must regularly review, and where appropriate update or replace, an environmental inspection plan.

Environmental inspections

15.

(1)

SEPA must—

(a)

conduct environmental inspections of schedule 20 emissions activities,

(b)

regularly draw up programmes for environmental inspections based on the environmental inspection plan, including the frequency of site visits for different types of installations.

(2)

The period between site visits for the purpose of an environmental inspection carried out under the environmental inspection plan, and not falling under sub-paragraphs (3) or (5) must be based on a systematic appraisal of risk and must not exceed—

(a)

one year for installations posing the highest risk,

(b)

three years for installations posing the lowest risk.

(3)

SEPA must conduct an environmental inspection to investigate as soon as possible—

(a)

serious environmental complaints,

(b)

serious environmental accidents,

(c)

serious incidents and occurrences of non-compliance.

(4)

SEPA may conduct an environmental inspection—

(a)

before granting a permit,

(b)

upon the review or variation of a permit.

(5)

An additional site visit must take place within 6 months of any environmental inspection which identifies an important case of non-compliance with permit conditions.

(6)

SEPA must prepare a report on each site visit describing—

(a)

findings regarding compliance with the permit,

(b)

conclusions on whether any further action is needed.

(7)

SEPA must provide a copy of a site visit report prepared in accordance with sub-paragraph (6) to the authorised person within 2 months of the site visit taking place.

(8)

SEPA must include the particulars of a site visit report in the register within 4 months of the site visit taking place.

(9)

SEPA must ensure that the authorised person takes all necessary actions identified in a site visit report within a reasonable period of time as assessed by SEPA.

(10)

In this paragraph—

• “site visit” includes any measures undertaken to check compliance at a site,

• “systematic appraisal of risk” means an appraisal by SEPA of the environmental risks of an installation based on—

  1. (a)

     the potential and actual impacts on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents,

  2. (b)

     the record of compliance with permit conditions,

  3. (c)

     participation by the authorised person in an environmental management and audit scheme.

Proposed change in operation

16.

(1)

SEPA must ensure that a permit for a schedule 20 emissions activity includes such conditions as it considers appropriate to ensure that the authorised person informs SEPA of a proposed change in operation which may have consequences for the environment in advance of making any such change unless sub-paragraph (2) applies.

(2)

This sub-paragraph applies where—

(a)

the authorised person applies for a variation of the permit before a change in operation is made, and

(b)

the proposed change is addressed in the application.

Public consultation

17.

(1)

Public consultation in accordance with paragraph 8 of schedule 1 is required in relation to the following—

(a)

an application for a permit for a schedule 20 emissions activity,

(b)

an application to vary a permit for a schedule 20 emissions activity where the application is as a result of a substantial change,

(c)

an application to vary a permit for a schedule 20 emissions activity where the grant of the application would set less strict emission level values under paragraph 10(6) of this schedule,

(d)

a SEPA-initiated variation to a permit for a schedule 20 emissions activity where—

(i)

the variation would set less strict emission level values under paragraph 10(6) of this schedule, or

(ii)

the proposed variation is as a result of a review of permit conditions required by paragraph 13(4)(c) of this schedule.

(2)

Where public consultation is required under sub-paragraph (1), in addition to the requirements in paragraph 8 of schedule 1, SEPA must—

(a)

ensure that the following additional information is publicised in such manner as SEPA thinks fit—

(i)

where not otherwise included in the application itself, a description of the matters included in paragraph 8(1) of schedule 1,

(ii)

where applicable, the fact that a decision by SEPA is subject to an environmental impact assessment,

(iii)

where applicable, the fact that a decision by SEPA is subject to consultations with neighbouring states as a result of paragraph 19 of this schedule,

(iv)

where applicable, the details of the proposal for a SEPA-initiated variation under paragraph 8(1)(d) of schedule 1,

(v)

the nature of possible decisions, or where one exists, the draft decision,

(b)

provide copies of the following—

(i)

the main reports and advice issued to SEPA or, where applicable, issued to the Scottish Ministers and provided to SEPA, at the time when the public concerned were informed about the relevant application or SEPA initiated variation,

(ii)

any relevant information obtained, or conclusion arrived at in relation to an environmental impact assessment relevant to the determination of the application or SEPA initiated variation by virtue of paragraph 12 of schedule 19, which became available to the applicant or, in the case of a SEPA-initiated variation, to the authorised person, subsequent to the publication of the information in sub-paragraph (2)(a).

(3)

Paragraph 8(2), (3), (4), and (5) of schedule 1 apply to the duties in sub-paragraph (2) as if the reference to sub-paragraph (1)(a) or (b) in sub-paragraph 8(2) of schedule 1 were a reference to sub-paragraph (2).

PART 3

SEPA and Scottish Ministers’ duties

SEPA: trans-boundary effects

18.

(1)

SEPA must notify the Scottish Ministers of any application or a proposal for a SEPA-initiated variation of a permit for a schedule 20 emissions activity which if granted or put into effect is likely to have significant negative effects on the environment of a neighbouring state.

(2)

For the purposes of this paragraph and paragraph 19 of this schedule, a “neighbouring state” includes—

(a)

a member state of the European Union,

(b)

Iceland, Liechtenstein and Norway.

Scottish Ministers’ duties: trans-boundary effects

19.

(1)

This paragraph applies where—

(a)

the Scottish Ministers are aware that the grant of an application or a proposal for a SEPA initiated variation of a permit for a schedule 20 emissions activity is likely to have significant negative effects on the environment of a neighbouring state, or

(b)

a neighbouring state requests information about an application or a proposal for a SEPA-initiated variation in relation to a schedule 20 emissions activity.

(2)

The Scottish Ministers must, as soon as reasonably practicable—

(a)

send the particulars of the application or SEPA initiated variation to that neighbouring state,

(b)

inform that neighbouring state of the relevant information,

(c)

consult the authorities of the neighbouring state,

(d)

allow such reasonable period as may have been agreed with the neighbouring state to ensure that the state and the public concerned are given an opportunity to forward their representations on the information supplied in accordance with heads (a) and (b),

(e)

notify SEPA and the authorised person that they have complied with the obligations in this sub-paragraph.

(3)

Where SEPA receives a notice under sub-paragraph (2)(e), it must not determine the application or make the SEPA-initiated variation until the Scottish Ministers have—

(a)

notified SEPA that the consultation described in sub-paragraph (2)(c) has been completed,

(c)

notified SEPA that the period in sub-paragraph (2)(d) has been completed,

(d)

sent SEPA any representations made by the neighbouring state.

(4)

In this paragraph “relevant information” includes the information made available to the public in accordance with paragraph 16 of this schedule and paragraph 8 of schedule 1.

Scottish Ministers’ duties: access to justice

20.

(1)

Any non-governmental organisation promoting environmental protection and meeting any necessary requirements under the law is, in relation to any decision subject to public consultation under paragraph 8 of schedule 1 as a result of the application of paragraph 16 of this schedule, for the purposes of seeking review of that decision deemed to have sufficient interest in the subject matter of a petition for judicial review as required by section 27B(2)(a) of the Court of Session Act 1988^f4.

(2)

The Scottish Ministers must ensure that information is made available to the public in relation to appeals to the Scottish Ministers under regulation 55 and judicial review proceedings in the Court of Session.

PART 4

Activities

CHAPTER 1

Energy industries

1.

Combustion of fuels in installations with a total rated thermal input of 50 MW or more.

2.

Refining of mineral oil and gas.

3.

Production of coke.

4.

Gasification or liquefaction of—

(a)

coal,

(b)

other fuels in installations with a total rated thermal input of 20 MW or more.

CHAPTER 2

Production and processing of metals

5.

Metal ore (including sulphide ore) roasting or sintering.

6.

Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour.

7.

Processing of ferrous metals—

(a)

operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour,

(b)

operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW,

(c)

application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

8.

Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day.

9.

Processing of non-ferrous metals—

(a)

production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes,

(b)

melting, including the alloyage, of non-ferrous metals, including recovered products and operation of non-ferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.

10.

Surface treatment of metals or plastic materials using an electrolytic or chemical process where the aggregated volume of the treatment vats exceeds 30 m³.

CHAPTER 3

Mineral industry

11.

Production of cement, lime and magnesium oxide—

(a)

production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day,

(b)

production of lime in kilns with a production capacity exceeding 50 tonnes per day,

(c)

production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.

12.

Production of asbestos or the manufacture of asbestos-based products.

13.

Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day.

14.

Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day.

15.

Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4 m³ and with a setting density per kiln exceeding 300 kg/m³.

CHAPTER 4

Chemical industry

16.

Production of organic chemicals—

(a)

simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic),

(b)

oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters and mixtures of esters, acetates, ethers, peroxides and epoxy resins,

(c)

sulphurous hydrocarbons,

(d)

nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates,

(e)

phosphorus-containing hydrocarbons,

(f)

halogenic hydrocarbons,

(g)

organometallic compounds,

(h)

plastic materials (polymers, synthetic fibres and cellulose-based fibres),

(i)

synthetic rubbers,

(j)

dyes and pigments,

(k)

surface-active agents and surfactants.

17.

Production of inorganic chemicals—

(a)

gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride,

(b)

acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids,

(c)

bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide,

(d)

salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate,

(e)

non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

18.

Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers).

19.

Production of plant protection products or of biocides.

20.

Production of pharmaceutical products including intermediates.

21.

Production of explosives.

22.

In this Chapter, “production” means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in paragraphs 16 to 21.

CHAPTER 5

Waste management

23.

Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities—

(a)

biological treatment,

(b)

physico-chemical treatment,

(c)

blending or mixing prior to submission to any of the other activities listed in this paragraph and paragraph 24,

(d)

repackaging prior to submission to any of the other activities listed in this paragraph and paragraph 24,

(e)

solvent reclamation/regeneration,

(f)

recycling or reclamation of inorganic materials other than metals or metal compounds,

(g)

regeneration of acids or bases,

(h)

recovery of components used for pollution abatement,

(i)

recovery of components from catalysts,

(j)

oil re-refining or other reuses of oil,

(k)

surface impoundment.

24.

Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants—

(a)

for non-hazardous waste with a capacity exceeding 3 tonnes per hour,

(b)

for hazardous waste with a capacity exceeding 10 tonnes per day.

25.

(1)

Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, and excluding activities covered by the Urban Waste-water Treatment Directive—

(a)

biological treatment,

(b)

physico-chemical treatment,

(c)

pre-treatment of waste for incineration or co-incineration,

(d)

treatment of slags and ashes,

(e)

treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(2)

Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, and excluding activities covered by the Urban Waste-water Treatment Directive—

(a)

biological treatment,

(b)

pre-treatment of waste for incineration or co-incineration,

(c)

treatment of slags and ashes,

(d)

treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(3)

When the only waste treatment activity carried out under sub-paragraph (2) is anaerobic digestion, the capacity threshold for this activity must be 100 tonnes per day.

26.

Landfills receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25,000 tonnes, excluding landfills of inert waste.

27.

Temporary storage of hazardous waste not covered under paragraph 26, pending any of the activities in paragraphs 23, 24, 26 or 28 with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated.

28.

Underground storage of hazardous waste with a total capacity exceeding 50 tonnes.

29.

In this chapter, “inert waste” has the meaning given in paragraph 4 of schedule 13.

CHAPTER 6

Other activities

29.

Production in industrial installations of—

(a)

pulp from timber or other fibrous materials,

(b)

paper or cardboard with a production capacity exceeding 20 tonnes per day,

(c)

one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m³ per day.

30.

Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day.

31.

Tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day.

32.

(1)

Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day.

(2)

Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from—

(a)

only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day,

(b)

only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year,

(c)

as shown in Graph 1, animal and vegetable raw materials, both in combined and separate products (except where the raw material is exclusively milk), with a finished product production capacity in tonnes per day greater than—

(i)

75 if A is equal to 10 or more,

(ii)

300- (22.5 × A) in any other case,

where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity and in the above calculations, packaging is not to be included in the final weight of the product,

(d)

treatment and processing of milk only, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis).

Graph 1

33.

Disposal or recycling of animal carcases or animal waste with a treatment capacity exceeding 10 tonnes per day.

34.

Intensive rearing of poultry or pigs—

(a)

with more than 40,000 places for poultry,

(b)

with more than 2,000 places for production pigs (over 30 kg),

(c)

with more than 750 places for sows.

35.

Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with an organic solvent consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

36.

Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation.

37.

Capture of CO₂ streams from industrial emissions activities for the purposes of geological storage pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006^f5.

38.

Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m³ per day other than exclusively treating against sapstain,

39.

Independently operated treatment of wastewater not covered by Directive 91/271/EEC and discharged by an installation covered by this schedule,

40.

In this Chapter—

• “animal” includes a bird or a fish,

• “food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food,

• “wood” includes any product consisting wholly or mainly of wood.”