Paragraph 10 Permits: emission limit values and environmental quality standardsF1

(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.

Annotations

Textual amendments

F1: Sch. 20 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 11 (with sch. 23)