# The Environmental Authorisations (Scotland) Amendment Regulations 2025, Schedule 13: NEW SCHEDULE 22 TO BE INSERTED INTO THE 2018 REGULATIONS


“SCHEDULE 22
INCINERATION AND CO-INCINERATION OF WASTE AT A WASTE INCINERATION PLANT OR WASTE CO-INCINERATION PLANT
Regulation 6(1)
PART 1
Scope and Interpretation
Scope
1. (1) This schedule applies to the incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant.
(2) Paragraph 2 applies for the interpretation of—
(a) this schedule,
(b) the definition of the activity of incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant.
2. Incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant does not include the following activities—
(a) the treatment by incineration or co-incineration of only the following waste—
(i) biomass,
(ii) radioactive waste,
(iii) animal carcasses as regulated by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products not intended for human consumption and repealing Regulation (EC) No. 1774/2002,
(iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from offshore installations, which is incinerated on board these installations,
(b) incineration at experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year,
(c) gasification or pyrolysis, where resulting gases from this thermal treatment of waste are purified to the extent that they are no longer waste prior to their incineration and can cause emissions no higher than those resulting from the burning of natural gas.
Interpretation: general
3. (1) In this schedule—
“dioxins and furans” means all polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans listed in Chapter 2 of Part 3 of this schedule,
“nominal capacity” means the sum of the incineration capacities of the combustion chambers of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the authorised person, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour,
“residue” means any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant,
“separately collected waste” means waste that has been collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990.
(2) For the purposes of this schedule—
(a) the definitions “waste incineration plant” and “waste co-incineration plant” include all incineration lines or co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boilers, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stacks, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions,
(b) where processes other than oxidation, such as pyrolysis, gasification or plasma process are applied for the thermal treatment of waste, the waste incineration or waste co-incineration plant includes the thermal treatment process and subsequent incineration processes,
(c) if waste co-incineration takes place 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 is to be regarded as a waste incineration plant.
PART 2
Amendments to common framework provisions
Authorisations: applications
4. An application for an authorisation must include a description of measures to ensure that the following requirements will be met—
(a) the waste incineration plant or waste co-incineration plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this schedule are met, taking into account the categories of waste to be incinerated or co-incinerated,
(b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power,
(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 all applicable law.
Authorisations: general conditions
5. (1) SEPA must ensure that all authorisations contain the following—
(a) a list of all types of waste which may be treated using at least the types of waste set out in the List of Waste in Annex I to the 2000 Commission Decision, where possible, and containing information on the quantity of each type of waste, where appropriate,
(b) the total waste incinerating or co-incinerating capacity of the plant,
(c) the limit values for emissions into air and water,
(d) the requirements for the pH, temperature and flow of wastewater discharges,
(e) the sampling and measurement procedures and frequencies to be used to comply with the conditions set for emission monitoring,
(f) the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the emissions into the air and the discharges of wastewater may exceed the prescribed emission limit values,
(g) a requirement that in the event of a breakdown, operations are to be reduced or stopped as soon as practicable until normal operations can be restored,
(h) a requirement that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is technically competent to manage the plant.
(2) SEPA must ensure that an authorisation for the incineration or co-incineration of hazardous waste at a waste incineration plant or waste co-incineration plant includes the following additional conditions—
(a) a list of the quantities of the different categories of hazardous waste which may be treated,
(b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of polychlorinated biphenyls, pentachlorophenol, chlorine, fluorine, sulphur, heavy metals and other polluting substances.
(3) SEPA must ensure that an authorisation for the incineration or co-incineration of municipal waste includes such additional conditions as it considers necessary to ensure, where practicable, that no waste including non-ferrous metals or hard plastics is incinerated or co-incinerated.
(4) SEPA must ensure that an authorisation for the incineration or co-incineration of waste with energy recovery includes such additional conditions as it considers necessary to ensure that the recovery of energy takes place with a high level of energy efficiency.
Authorisations: control of emissions
6. SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that
(a) waste gases are to be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment,
(b) emissions into air do not exceed the emission limit values set out in Chapters 3 and 4 of Part 3 of this schedule or are determined in accordance with Chapter 4 of Part 3 of this schedule,
(c) where in a waste co-incineration plant more than 40% of the resulting heat release comes from hazardous waste, or where the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Chapter 3 of Part 3 of this schedule apply,
(d) discharges to the aquatic environment of wastewater resulting from the cleaning of waste gases are limited as far as practicable and the concentrations of polluting substances does not exceed the emission limit values set out in Chapter 5 of Part 3 of this schedule at the point where waste waters from the cleaning of waste gases are discharged from the plant,
(e) where waste waters from the cleaning of waste gases are treated outside the waste incineration or co-incineration plant, at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Chapter 5 of Part 3 of this schedule are to be applied at the point where the waste waters leave the treatment plant,
(f) where waste waters from the cleaning of waste gases are treated collectively with other sources of waste water, either on site or off site, the authorised person must make the appropriate mass balance calculations, using the results of the measurements set out in paragraph 27 of this schedule in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases,
(g) for the purpose of complying with the emission limit values set out in Chapter 5 of Part 3 of this schedule, wastewater is not to be diluted,
(h) waste incineration plant and co-incineration plant sites, including associated storage areas for waste, must be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater,
(i) storage capacity must be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations,
(j) the storage capacity referred to in sub-paragraph (i) must be adequate to ensure that such waters can be tested and treated before discharge where necessary,
(k) without prejudice to paragraph 8(1)(j)(iii) of this schedule, the plant or individual combustion chambers being part of a waste incineration plant or waste co-incineration plant must not continue to incinerate waste for a period of more than 4 hours uninterrupted where emission limit values are exceeded,
(l) where one or more combustion chambers are linked to a single waste gas cleaning device, the cumulative duration of operation in conditions where emission limit values are exceeded must not exceed 60 hours over one year,
(m) compliance with emission limit values for air and water is achieved where the conditions described in Chapter 8 of Part 3 of this schedule are satisfied.
Authorisations: emissions monitoring
7. SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that—
(a) the monitoring of emissions is carried out in accordance with Chapters 6 and 7 of Part 3 of this schedule,
(b) the installation and functioning of automated measuring systems is subject to control and to annual surveillance tests as set out in paragraph 25 of this schedule,
(c) the location of the sampling or measurement points to be used for monitoring of emissions are designated,
(d) the monitoring results are recorded, processed and presented in such a way as to enable SEPA to verify compliance with the operating conditions and emission limit values included in the authorisation,
(e) continuous measurement of emissions into the air of the following—
(i) heavy metals,
(ii) dioxins,
(iii) furans,
(iv) dioxin-like polychlorinated biphenyls,
(v) polycyclic aromatic hydrocarbons.
Authorisations: operating conditions
8. (1) SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that—
(a) waste incineration plants are operated to achieve a level of incineration, using waste pre-treatment techniques where necessary, so that—
(i) the total organic carbon content of slag and bottom ashes is less than 3% of the dry weight of the material, or
(ii) the loss on ignition of the slag and bottom ashes is less than 5% of the dry weight of the material,
(b) waste incineration plants must be designed, equipped, built and operated in such a way that the gas resulting from the incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850°C for at least two seconds,
(c) waste co-incineration plants must be designed, equipped, built and operated in such a way that the gas resulting from the co-incineration of waste is raised in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850°C for at least two seconds,
(d) if hazardous waste with a content of more than 1% of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with sub-paragraphs (b) and (c) is at least 1,100°C,
(e) in waste incineration plants, the temperatures set out in sub-paragraphs (b) and (d) must be measured—
(i) near the inner wall of the combustion chamber, or
(ii) such other representative point of the combustion chamber as authorised by SEPA,
(f) each combustion chamber of a waste incineration plant must be equipped with at least one auxiliary burner to be used in accordance with sub-paragraphs (g), (h) and (i),
(g) the auxiliary burner must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in sub-paragraphs (b), (c) and (d),
(h) the auxiliary burner must be used during plant start-up and shut-down operations to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber,
(i) the auxiliary burner must not be fed with fuels which can cause higher emissions than those resulting from the burning of gas oil,
(j) waste incineration plants or co-incineration plants must operate an automatic system to prevent waste feed in the following circumstances—
(i) at start-up, until the temperature set out in sub-paragraphs (b), (c), (d) or otherwise specified by SEPA in accordance with paragraph 10 of this schedule, has been reached,
(ii) whenever the temperature set out in sub-paragraphs (b), (c), (d) or otherwise specified by SEPA in accordance with paragraph 10 of this schedule is not maintained,
(iii) whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or failures of the waste gas cleaning devices,
(k) any heat generated by waste incineration plants or waste co-incineration plants must be recovered as far as practicable,
(l) infectious clinical waste must be placed straight in the combustion chamber, without first being mixed with other categories of waste and without direct handling,
(2) In this paragraph, “gas oil” includes the fuels in sub-paragraphs (a) and (b), but not those fuels in sub-paragraphs (c) and (d)—
(a) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19,
(b) any petroleum-derived liquid fuel, excluding marine fuel, of which less than 65% by volume (including losses) distils at 250°C and of which at least 85% by volume (including losses) distils at 350°C by the ASTM D86 method,
(c) diesel fuels falling within CN code 2710 19 41 and used for self-propelling vehicles,
(d) fuels used in non-road mobile machinery and agricultural tractors.
Variations to operating conditions
9. (1) SEPA may specify a level of incineration different to paragraph 8(1)(a), (f), (g), (h) and (i) of this schedule provided that any change meets the requirements in sub-paragraph (3) and the other requirements of this schedule.
(2) SEPA may specify a temperature other than those specified in paragraph 8(1)(b), (c), (d), (e), (j)(i) and (j)(ii) of this schedule provided that any change meets the requirements in sub-paragraph (3).
(3) The requirements are—
(a) for waste incineration plants, that the change does not cause more residues or residues with a higher content of organic polluting substances compared with the residues that would be expected if conditions were set in accordance with paragraphs 8(a) to (j) of this schedule,
(b) for waste co-incineration plants, the emissions of total organic carbon and carbon monoxide must comply with the emission limit values set out in Part 3 of schedule 22,
(c) emissions of total organic carbon from bark boilers within the pulp and paper industry co-incinerating waste at the place of its productions, which were in operation and had an authorisation before 28 December 2002, must comply with the emission limit values set out in Chapter 3 of Part 3.
Authorisations: delivery and reception of waste
10. SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that—
(a) all necessary precautions are taken to prevent or limit as far as practicable in relation to the delivery and reception of waste—
(i) the pollution of air, soil, surface water and groundwater,
(ii) other negative effects on the environment, odours and noise,
(iii) direct risks to human health,
(b) the mass of each type of waste is determined, where possible in accordance with the List of Waste in Annex I to the 2000 Commission Decision prior to the acceptance of waste at the waste incineration plant or waste co-incineration plant,
(c) prior to the acceptance of hazardous waste at a waste incineration or waste co-incineration plant, all available information contained in heads (i) to (iii) must be obtained—
(i) all the administrative information on the generating process contained in the documents described in sub-paragraph (d)(i),
(ii) the physical, and as far as practicable, chemical composition of the waste and all other information necessary to evaluate its suitability for the intended incineration process,
(iii) the hazardous characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste,
(d) prior to the acceptance of hazardous waste at the waste incineration plant or waste co-incineration plant, at least the following procedures must be carried out—
(i) the checking of the documents required by assimilated EU law which implemented the Waste Framework Directive and, where applicable, those required by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste and by legislation on transport of dangerous goods,
(ii) the taking of representative samples, unless inappropriate as far as possible before unloading, to verify conformity with the information provided for in sub-paragraph (c) by carrying out controls and to enable SEPA to identify the nature of the wastes treated,
(iii) the samples referred to in head (ii) must be kept for at least 1 month after the incineration or co-incineration of the waste concerned,
(e) SEPA may, on application of the authorised person, grant an exemption to sub-paragraphs (b) to (d), where the waste incineration plant or waste co-incineration plant are part of an installation covered by schedule 20 and only incinerates or co-incinerates waste generated within that installation.
Authorisations: residues
11. SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that—
(a) residues are minimised in their amount and harmfulness,
(b) residues are recycled, where appropriate, directly in the plant or outside,
(c) transport and intermediate storage of dry residues in the form of dust takes place in such a way as to prevent dispersal of those residues in the environment,
(d) appropriate tests, which must concern the total soluble fraction and heavy metals soluble fraction of any residues, are carried out to establish the physical and chemical characteristics and the polluting potential of residues prior to determining routes for the recycling or disposal of residues.
Authorisations: incineration of batteries
12. (1) SEPA must ensure that authorisations for the incineration of waste include a condition prohibiting the incineration of waste industrial and automotive batteries.
(2) A condition imposed under sub-paragraph (1) does not prohibit the incineration of residues of any batteries that have undergone both treatment and recycling, provided that the treatment and recycling—
(a) used best available techniques, in terms of the protection of health and the environment,
(b) complied, at a minimum, with all legal requirements, in particular as regards health and safety and waste management.
Authorisations: review of conditions
13. (1) SEPA must periodically review and, where necessary, update permit conditions.
(2) SEPA must periodically review, and where necessary, update standard conditions applicable to waste incineration and waste co-incineration activities.
Reports
14. (1) SEPA must ensure that authorisations for waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour include such conditions as it considers appropriate to ensure that the following information is kept and provided to SEPA—
(a) information on the functioning and monitoring of the plant,
(b) an account of the running of the incineration or co-incineration process,
(c) the level of emissions into air and water in comparison with the emission limit values.
(2) SEPA must maintain a list of waste incineration plants and waste co-incineration plants with a nominal capacity of less than 2 tonnes per hour.
Public consultation
15. Public consultation in accordance with paragraph 8 of schedule 1 is required in relation to an application for an authorisation for a waste incineration plant or co-incineration plant.
PART 3
Technical provisions relating to waste incineration plants and waste co-incineration plants
CHAPTER 1
Definitions
16. For the purpose of this Part the following definitions apply—
(a) “existing waste incineration plant” means one of the following waste incineration plants—
(i) a waste incineration plant which was in operation before 28 December 2002,
(ii) a waste incineration plant for which a permit was granted by SEPA before 28 December 2002, provided that the waste incineration plant was put into operation no later than 28 December 2003,
(iii) a waste incineration plant which, in the opinion of SEPA, had submitted a full application for a permit before 28 December 2002, provided that the plant was put into operation no later than 28 December 2004,
(b) “new waste incineration plant” means any waste incineration plant not described in sub-paragraph (a).
CHAPTER 2
Equivalence factors for dibenzo-p-dioxins and dibenzofurans
17. In order to determine the total concentration of dioxins and furans, the mass concentrations of the dibenzo-p-dioxins and dibenzofurans in column 1 of Table 1 must be multiplied by the equivalence factors in column 2 of Table 1 before totalling.
Table 1
Toxic equivalence factor
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD)
1
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD)
0.5
1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD)
0.1
1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD)
0.01
Octachlorodibenzodioxin (OCDD)
0.001
2,3,7,8 — Tetrachlorodibenzofuran (TCDF)
0.1
2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF)
0.5
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF)
0.05
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF)
0.1
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF)
0.1
1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF)
0.01
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF)
0.01
Octachlorodibenzofuran (OCDF)
0.001
CHAPTER 3
Air emission limit values for waste incineration plants
18. (1) All emission limit values are to be calculated—
(a) at a temperature of 273.15K,
(b) a pressure of 101.3kPa, and
(c) after correcting for the water vapour content of the waste gases.
(2) Emission limit values are standardised at 11% oxygen in waste gas unless sub-paragraph (3) applies.
(3) This sub-paragraph applies to—
(a) the incineration of mineral waste oil, in which case, they are standardised at 3% oxygen, and
(b) the circumstances referred to in paragraph 25(7)(c) and (8) of this schedule,
(4) Daily average emission limit values (mg/Nm3) for the polluting substances listed in column 1 of Table 2 are as listed in column 2.
Table 2
Total dust
10
Gaseous and vaporous organic substances, expressed as total organic
carbon (TOC)
10
Hydrogen chloride (HCl)
10
Hydrogen fluoride (HF)
1
Sulphur dioxide (SO2)
50
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as NO2
for existing waste incineration plants with a nominal capacity exceeding
6 tonnes per hour or new waste incineration plants
200
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as NO2
for existing waste incineration plants with a nominal capacity of
6 tonnes per hour or less
400
(5) Half-hourly average emission limit values (mg/Nm3) for the polluting substances listed in column 1 of Table 3 are as listed in columns 2 and 3.
Table 3
(100%) A
(97%) B
Total dust
30
10
Gaseous and vaporous organic substances, expressed
as total organic carbon (TOC)
20
10
Hydrogen chloride (HCl)
60
10
Hydrogen fluoride (HF)
4
2
Sulphur dioxide (SO2)
200
50
Nitrogen monoxide (NO) and nitrogen dioxide
(NO2), expressed as NO2 for existing waste incineration plants with a nominal capacity exceeding
6 tonnes per hour or new waste incineration plants
400
200
(6) Average emission limit values (mg/Nm3) for the heavy metals in column 1 of Table 4 are as listed in column 2 (over a sampling period of a minimum of 30 minutes and a maximum of 8 hours) and cover the gaseous and vapour forms of the relevant heavy metal emissions and their compounds.
Table 4
Cadmium and its compounds, expressed as cadmium (Cd)
Total of Cd + Tl and their compounds: 0.05
Thallium and its compounds, expressed as thallium (Tl)
Mercury and its compounds, expressed as mercury (Hg)
Total: 0.05
Antimony and its compounds, expressed as antimony (Sb)
Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Arsenic and its compounds, expressed as arsenic (As)
Lead and its compounds, expressed as lead (Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
(7) The average emission limit value (ng/Nm3) for dioxins and furans over a sampling period of a minimum of 6 hours and a maximum of 8 hours is 0.1, which refers to the total concentration of dioxins and furans calculated in accordance with Chapter 2 of this schedule.
(8) Emission limit values (mg/Nm3) for carbon monoxide (CO) in the waste gases are—
(a) 50 as a daily average value,
(b) 100 as a half-hourly average value,
(c) 150 as a 10-minute average value,
(9) SEPA may grant exemptions from the emission limit values in sub-paragraph (8) for waste incineration plants using fluidised bed technology, in which case, the emission limit value for carbon monoxide (CO) must be set at no more than 100 mg/Nm3 as an hourly average value.
(10) Emission limit values applicable in the circumstances described in paragraphs 5(1)(g) and 6(k) and (l) of this schedule are—
(a) the total dust concentration in the emissions into the air of a waste incineration plant must not exceed 150 mg/Nm3 expressed as a half-hourly average,
(b) the air emission limit values for TOC and CO set out in sub-paragraph (5) and (8) must not be exceeded.
CHAPTER 4
Determination of air emission limit values for the co-incineration of waste
19. (1) The formula (mixing rule) in sub-paragraph (2) is to be applied whenever a specific total emission limit value ‘C’ has not been set out in a table in this Chapter.
(2) The emission limit value for each relevant polluting substance and CO in the waste gas resulting from the co-incineration of waste is to be calculated as follows—
Vwaste×Cwaste±Vproc×CprocVwaste±Vproc=C
(3) In this Chapter—
“Vwaste” means—
(a) waste gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this schedule,
(b) where the resulting heat release from the incineration of hazardous waste amounts to less than 10% of the total heat released in the waste incineration or co-incineration plant, Vwaste must be calculated from a (notional) quantity of waste that, being incinerated, would equal 10% heat release, the total heat release being fixed.
“Cwaste” means emission limit values for waste incineration plants set out in Chapter 3,
“Vproc” means waste gas volume resulting from the plant process including the combustion of the authorised fuels normally used in the plant (wastes excluded) determined on the basis of—
(a) oxygen contents at which the emissions must be standardised as set out in these regulations,
(b) where not provided for within these regulations, the real oxygen content in the waste gas without being thinned by addition of air unnecessary for the process,
“Cproc” means—
(a) emission limit values as set out in this Chapter for certain industrial activities,
(b) in the absence of the values in (a), emission limit values of plants which comply with these regulations for such plants while burning the normally authorised fuels (wastes excluded),
(c) in the absence of the values in (a) or (b), the emission limit values set out in the permit,
(d) in the absence of the values in (a), (b) or (c), the real mass concentrations,
“C” means—
(a) total emission limit values at an oxygen content as set out in this Chapter for certain industrial activities and certain polluting substances,
(b) in the absence of such values, total emission limit values replacing the emission limit values as set out in schedules 21-24,
(c) where the total oxygen content to replace the oxygen content for the standardisation is to be calculated on the basis of the content above respecting the partial volumes,
(d) all emission limit values are to be calculated at a temperature of 273.15K, a pressure of 101.3kPa and after correcting for the water vapour content of the waste gases.
Special provisions for cement kilns co-incinerating waste
20. (1) The emission limit values in this paragraph are to be calculated—
(a) as daily average values for total dust, HCI, HF, NOx, SO2 and TOC for continuous measurements,
(b) as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals,
(c) as average values over the sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans.
(2) All emission limit values in this paragraph are standardised at 10% oxygen.
(3) Half-hourly average values are only to be needed in order to calculate the daily average values.
(4) Total emission limit values (C) expressed in mg/Nm3 except for dioxins and furans, for the polluting substances in column 1 of Table 5 are as provided for in column 2—
Table 5
Polluting substance
C
Total dust
30
HCl
10
HF
1
NOx
500
Cd + Tl
0.05
Hg
0.05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V
0.5
Dioxins and furans (ng/Nm3)
0.1
(5) The total emission limit value (C) for SO2 expressed in mg/Nm3 is 50.
(6) The total emission limit value (C) for TOC, expressed in mg/Nm3 is 10.
(7) The total emission limit value (C) for CO may be set by SEPA.
(8) SEPA may set a different total emission limit value (C) for SO2 and TOC where the SO2 or TOC does not result from the co-incineration of waste.
Special provisions for combustion plants co-incinerating waste
21. (1) Cproc is to be expressed as a daily average values (mg/Nm3).
(2) The aggregation rules in paragraph 3 of schedule 21 apply to determining the total rated thermal input of combustion plants.
(3) Half-hourly average values are only needed for the purpose of calculating the daily average values.
(4) Cproc for combustion plants referred to in paragraph 6(1) of schedule 21, with the exception of gas turbines and gas engines, are as set out in Table 6—
Table 6
Cproc for solid fuels with the exception of biomass (O2 content: 6%)
Polluting substance
<50 MWth
50-100 MWth
100 to 300 MWth
>300 MWth
SO2
-
400
300 for peat
200
200
NOx
-
300
400 for pulverised lignite
200
200
Dust
50
30
25
For peat: 20
20
Cproc for biomass (O2 content: 6%)
Polluting substance
<50 MWth
50-100 MWth
100 to 300 MWth
>300 MWth
SO2
-
200
200
200
Nox
-
300
250
200
Dust
50
30
20
20
Cproc for liquid fuels (O2 content: 3%)
Polluting substance
<50 MWth
50-100 MWth
100 to 300 MWth
>300 MWth
SO2
-
350
250
200
NOx
-
400
200
150
Dust
50
30
25
20
(5) Cproc for combustion plants referred to in paragraph 6(2) of schedule 21, with the exception of gas turbines and gas engines, are as set out in Table 7—
Table 7
Polluting substance
<50 MWth
50-100 MWth
100 to 300 MWth
>300 MWth
Cproc for solid fuels with the exception of biomass (O2 content: 6%)
SO2
-
400
300 for peat
200
300 for peat, except in the case of fluidised bed combustion: 250
150 for circulating or pressurised fluidised bed combustion or, in the case of peat firing, for all fluidised bed combustion: 200
NOx
_
300
For peat: 250
200
150
For pulverised lignite combustion: 200
Dust
50
20
20
10
For peat: 20
Cproc for biomass (O2 content: 6%)
So2
-
200
200
150
NOx
-
250
200
150
Dust
50
20
20
20
Cproc for liquid fuels (O2 content: 3%)
So2
-
350
200
150
NOx
-
300
150
100
Dust
50
20
20
10
(6) Total emission limit values (C) for heavy metals (mg/Nm3) expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours (O2 content 6% for solid fuels and 3% for liquid fuels) is as provided for in Table 8—
Table 8
Polluting substances
C
Cd + Tl
0.05
Hg
0.05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V
0.5
(7) Total emission limit value (ng/Nm3) for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours (O2 content 6% for solid fuels and 3% for liquid fuels) is 0.1.
Special provisions for waste co-incineration plants in industrial sectors not covered under paragraphs 20 and 21 of this Part
22. (1) Total emission limit value (C) (ng/Nm3) for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours is 0.1.
(2) Total emission limit values (C) for heavy metals expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours are—
(a) for Cd and TI, 0.05,
(b) for Hg, 0.05.
CHAPTER 5
Emission limit values for discharges of wastewater from the cleaning of waste gases
23. Emission limit values for discharges of wastewater from the cleaning of waste gases are as provided for in Table 9—
Table 9
Polluting Substances
Emission limit values for unfiltered samples (mg/l except for dioxins and furans)
1. Total suspended solids as defined in
Annex I of Directive 91/271/EEC concerning urban wastewater treatment
95%
100%
30
45
2. Mercury and its compounds, expressed
as mercury (Hg)
0.03
3. Cadmium and its compounds,
expressed as cadmium (Cd)
0.05
4. Thallium and its compounds,
expressed as thallium (Tl)
0.05
5. Arsenic and its compounds, expressed
as arsenic (As)
0.15
6. Lead and its compounds, expressed as
lead (Pb)
0.2
7. Chromium and its compounds,
expressed as chromium (Cr)
0.5
8. Copper and its compounds, expressed
as copper (Cu)
0.5
9. Nickel and its compounds, expressed
as nickel (Ni)
0.5
10. Zinc and its compounds, expressed as
zinc (Zn)
1.5
11. Dioxins and furans
0.3 ng/l
CHAPTER 6
Monitoring of emissions
Measurement techniques
24. (1) Measurements for the determination of concentrations of air and water polluting substances must be carried out representatively.
(2) The following assessments must be carried out in accordance with relevant British or CEN standards, or where those are not available, ISO or other international standards which ensure the provision of data of an equivalent scientific quality—
(a) sampling and analysis of all polluting substances including dioxins and furans,
(b) quality assurance of automated measuring systems,
(c) reference measurement methods to calibrate the automated measuring systems referred to in head (b).
(3) Automated measuring systems are to be subject to control by means of parallel measurements with the reference methods at least once per year.
(4) At the daily emission limit value level, the values of the 95% confidence intervals of a single measured result must not exceed the following percentages of the emission limit values for—
(a) carbon monoxide, 10%,
(b) sulphur dioxide, 20%,
(c) nitrogen dioxide, 20%,
(d) total dust, 30%,
(e) total organic carbon, 30%,
(f) hydrogen chloride, 40%,
(g) hydrogen fluoride, 40%.
(5) Periodic measurements of the emissions into air and water must be carried out in accordance with sub-paragraphs (1), (2) and (3).
Measurements relating to air polluting substances: requirements
25. (1) Subject to paragraph 26 of this schedule, the requirements in sub-paragraphs (2) to (8) relating to the measurement of air polluting substances must be carried out.
(2) Continuous measurements are required of—
(a) NOx, provided that emission limit values are set,
(b) CO,
(c) total dust,
(d) TOC,
(e) HCl,
(f) HF, unless treatment stages for HCl are used which ensure that the emission limit value for HCl is not exceeded, and in which case, emissions of HF may be measured—
(i) every three months during the first twelve months of operation,
(ii) two times per year in every subsequent year
(g) SO2.
(3) Continuous measurements are required of—
(a) the temperature near the inner wall or at another representative point of the combustion chamber if authorised by SEPA,
(b) concentration of oxygen,
(c) pressure,
(d) temperature,
(e) water vapour content of the waste gas, unless the sampled waste gas is dried before emissions are analysed.
(4) For heavy metals, dioxins, furans, dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons, measurements are required—
(a) every three months during the first twelve months of operation,
(b) two times per year in every subsequent year.
(5) Appropriate verification of residence time, minimum temperature and the oxygen content of the waste gases is required in relation to the measurements in this paragraph.
(6) “Appropriate verification” in sub-paragraph (5) means—
(a) at least once when the waste incineration plant or waste co-incineration plant is brought into service, and
(b) at least once under the most unfavourable operating conditions anticipated.
(7) The results of the measurements in this paragraph are required to be standardised—
(a) using the standard oxygen concentrations in Chapter 3 of this schedule—
(i) 11% oxygen in waste gas,
(ii) 3% oxygen in the case of mineral waste oil,
(b) calculated in accordance with Chapter 4 and by applying the formula in Chapter 7 of this schedule, or
(c) where waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, at an oxygen content specified by SEPA in authorisation conditions.
(8) Where emissions of polluting substances are reduced by waste gas treatment in a waste incineration plant or waste co-incineration plant treating hazardous waste, standardisation in accordance with sub-paragraph (7) is only to be done if the oxygen content measured over the same period as for the polluting substance concerned exceeds the relevant standard oxygen content.
Measurements relating to air polluting substances: SEPA discretion as to requirements
26. (1) SEPA may decide not to require continuous measurement and require periodic measurement or no measurement of any one or more of HCl, HF and SO2 where the authorised person can demonstrate that emissions of those substances cannot be higher than the prescribed emission limit values under any circumstance.
(2) SEPA may decide not to require continuous measurement and require periodic measurements of NOx in an existing waste incineration plant or an existing waste co-incineration plant with a nominal capacity of less than 6 tonnes per hour where the authorised person can demonstrate that the emissions of NOx cannot under any circumstances be higher than the prescribed emission limit value based upon—
(a) information on the quality of the waste concerned,
(b) the technologies used,
(c) the results of emissions monitoring.
(3) SEPA may require one measurement every two years for heavy metals and one measurement every year for dioxins and furans where the following circumstances apply—
(a) the emissions resulting from co-incineration or incineration of waste are below 50% of the emission limit values under all circumstances,
(b) the waste to be co-incinerated or incinerated consists only of sorted combustible fractions of non-hazardous waste not suitable for recycling, and
(c) the authorised person can demonstrate on the basis of information on the quality of the waste concerned and emissions monitoring that under all circumstances, emissions are significantly below the emission limit values for heavy metals and dioxins and furans.
(4) In this paragraph, “periodic measurement” means—
(a) every three months during the first twelve months of operation,
(b) two times per year in every subsequent year.
Measurements relating to water polluting substances
27. (1) The following measurements must be carried out at the point of wastewater discharge—
(a) continuous measurements of pH, temperature and flow,
(b) spot sample daily measurements of total suspended solids or measurements of a flow proportional representative sample over a period of 24 hours,
(c) at least monthly measurements of a flow proportional representative sample of the discharge over a period of 24 hours of Hg, Cd, Tl, As, Pb, Cr, Cu, Ni and Zn,
(d) for the first 12 months of operation, measurements of dioxins and furans at least every three months,
(e) for every subsequent year of operation, measurements of dioxins and furans at least every 6 months.
(2) Where the wastewater from the cleaning of waste gases is treated on site collectively with other on-site sources of wastewater, the measurements must be taken—
(a) on the wastewater stream from the waste gas cleaning processes prior to its input into the collective wastewater treatment plant,
(b) on the other wastewater stream or streams prior to its or their input into the collective wastewater treatment plant,
(c) at the point of final wastewater discharge, after the treatment, from the waste incineration plant or waste co-incineration plant.
CHAPTER 7
Formula to calculate the emission concentration at the standard percentage oxygen concentration
Formula
28. (1) The following formula is to be used to calculate the emission concentration at the standard percentage oxygen concentration—
ES=21-OS21-OM×EM
(2) In sub-paragraph (1)—
“ES” means calculated emission concentration at the standard percentage oxygen concentration,
“EM” means measured emission concentration,
“OS” means standard oxygen concentration,
“OM” means measured oxygen concentration.
CHAPTER 8
Assessment of compliance with emission limit values
Air emission limit values: general compliance
29. The emission limit values for air are to be regarded as being complied with where—
(a) none of the daily average values exceed any of the emission limit values set out in paragraph 18(4) of this schedule or as calculated in accordance with Chapter 4 of this schedule,
(b) (i) none of the half-hourly average values exceeds any of the emission limit values set out in column 1 of Table 3 under paragraph 18(5) of this schedule, or
(ii) where relevant, 97% of the half-hourly average values over the year do not exceed any of the emission limit values set out in column 2 of Table 3 under paragraph 18(5) of this schedule,
(c) none of the average values over the sampling period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in paragraph 18(6) and (7) of this schedule or as calculated in accordance with Chapter 4 of this schedule.
Air emission limit values: carbon monoxide compliance
30. (1) The emission limit values for air, relating to carbon monoxide for waste incineration plants are complied with, where—
(a) at least 97% of the daily average values over the year do not exceed the emission limit value set out in paragraph 18(8)(a)(i) of this schedule, and
(b) at least 95% of all 10-minute average values taken in any 24- hour period or all of the half-hourly average values taken in the same period do not exceed the emission limit values set out in paragraph 18(8)(a)(ii) and (iii) of this schedule,
(2) In relation to sub-paragraph (1)(b), SEPA may apply an evaluation period of 7 days for the 10-minute average values, where the gas resulting from the incineration process is raised to a temperature of at least 1, 100°C for at least two seconds.
(3) The emission limit values for air, relating to carbon monoxide for waste co-incineration plants, are complied with where the provisions of Chapter 4 of this schedule are met.
Air emission limit values: determination of average values
31. (1) The following requirements apply to the determination of average values related to air emission limit values in paragraphs 29 and 30 of this schedule—
(a) half-hourly average values and the 10-minute averages must be determined within the effective operating time (excluding the start-up and shut-down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in paragraph 24(4) of this schedule,
(b) daily average values must be determined from the validated average values determined under sub-paragraph (a),
(c) in determining a valid daily average value, no more than five half-hourly average values in any day may be discarded due to malfunction or maintenance of the continuous measurement system,
(d) no more than ten daily average values per year may be discarded due to malfunction or maintenance of the continuous measurement system.
(2) For periodical measurements of HF, HCl and SO2, average values over the sampling period, and the average values, must be determined in accordance with the requirements of paragraphs 5(1)(e), 7(c), and 24 of this schedule.
Water emission limit values
32. Emission limit values for water are to be regarded as complied with if—
(a) for total suspended solids 95% and 100% of the measured values do not exceed the respective emission limit values as set out in Chapter 5 of this schedule,
(b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than one measurement per year exceeds the emission limit values set out in Chapter 5 or, where authorisation conditions require more than 20 samples per year, no more than 5% of these samples exceed the emission limit values set out in Chapter 5 of this schedule,
(c) for dioxins and furans, the measurement results do not exceed the emission limit value set out in Chapter 5 of this schedule.”

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Source: https://www.legislation.gov.uk/sdsi/2025/9780111062319/schedule/13 (the official version)
Page: https://openlegislation.uk/draft-environmental-authorisations-scotland-amendment-regulations-2025/schedule-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.