# The Environmental Authorisations (Scotland) Regulations 2018, Paragraph 3: Interpretation: general


(1) In this schedule and schedules 20-24—
“BAT reference document” means a document, resulting from the exchange of information organised for the purposes of Article 13 of the Industrial Emissions Directive, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in paragraph 5 of schedule 20,
“BAT conclusions” means—
(a)a document annexed to a Decision establishing best available techniques which has been amended by the Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations 2018,
(b)a document specified in regulations made in exercise of the power in regulation 9 of the Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019,
laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures,
“biomass” means any of the following—
(a)products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content,
(b)the following waste—
(i)vegetable waste from agriculture and forestry,
(ii)vegetable waste from the food processing industry, if the heat generated is recovered,
(iii)fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,
(iv)cork waste,
(v)wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,
“directly associated activity”—
(a)in relation to a schedule 20 emissions activity, means an activity which—
(i)has a technical connection with the schedule 20 emissions activity,
(ii)is carried on at the same site,
(iii)could have an effect on emissions and pollution,
(b)in relation to an organic solvents emissions activity, means an activity which—
(i)has a technical connection with the organic solvents emissions activity,
(ii)is carried on at the same site,
(iii)could have an effect on any discharge of volatile organic compounds into the environment,
“emerging techniques” means a novel technique for an industrial activity that, if commercially developed, could provide either—
(a)a higher general level of protection of the environment, or
(b)at least the same level of protection of the environment and higher cost savings,
than existing best available techniques,
“emission levels associated with BATs” means the range of emissions levels obtained under normal operating conditions using a BAT or a combination of BATs, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions,
“environmental inspection” means all actions taken by or on behalf of SEPA to check and promote compliance of installations with permit conditions and, where necessary, to monitor the environmental impact of activities carried out under a permit, including as required—
(a)site visits,
(b)monitoring of emissions and checks of internal reports and follow-up documents,
(c)verification of self-monitoring,
(d)checking the techniques used,
(e)checking the adequacy of environmental management of the installation,
“environmental quality standard” means the set of requirements which must be complied with at any given time, in respect of a particular environment as set out in domestic law,
“Industrial Emissions Directive” means Directive 2010/75 of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast),
“installation” means a stationary technical unit where one or more schedule 20 activities or organic solvents emissions activities are carried out and any other directly associated activities on the same site, and references to an installation include references to part of an installation,
“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorous, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates,
“organic solvent” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials as a—
(a)cleaning agent to dissolve contaminants,
(b)dissolver,
(c)dispersion medium,
(d)viscosity adjuster,
(e)surface tension adjuster,
(f)plasticiser,
(g)preservative,
“poultry” means a bird reared or kept in captivity for the production of meat or eggs for consumption, or other products, for restocking supplies of game or for the purposes of any breeding programme for the production of such categories of birds,
“schedule 20 emissions activity” means an activity listed in Part 4 of schedule 20 where the installed capacity is at or above the applicable threshold in that schedule, whether or not the activity is carried on below the threshold,
“small isolated system (SIS)” means any system with consumption of less than 3000 GWh in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,
“soil” means the top layer of the earth’s crust situated between the bedrock and the surface, the soil is composed of mineral particles, organic matter, water, air and living organisms,
“Urban Waste-water Treatment Directive” means Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment,
“volatile organic compound (“VOC”) means any organic compound as well as the fraction of creosote, having at 293.15K a vapour pressure of 0.01kPa or more, or having a corresponding volatility under the particular conditions of use,
“waste incineration plant” means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated,
“waste co-incineration plant” means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration process by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated,
(2) In this schedule, and schedules 20-24, “substance” does not include—
(a) radioactive substances as defined in paragraph 4 of schedule 8,
(b) genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC of the European Parliament and the Council of 6 May 2009 on the contained use of genetically modified micro-organisms,
(c) genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms.

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Source: https://www.legislation.gov.uk/ssi/2018/219/schedule/19/paragraph/3 (the official version)
Page: https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-19/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

