Paragraph 4 General principles: BATF1

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.

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)