Paragraph 11 Abatement equipment malfunction or breakdownF1

(1)

SEPA must ensure permits for operating a large combustion plant include such conditions as it considers appropriate to give effect to sub-paragraphs (a) to (c)—

(a)

in the event that normal operation is not restored within 24 hours of a break-down, the authorised person must—

(i)

reduce or stop operations, or

(ii)

operate the plant using low polluting fuels,

(b)

the authorised person must notify SEPA within 48 hours of the malfunction or breakdown of abatement equipment,

(c)

the cumulative period of unabated operation must not exceed 120 hours in any 12-month period.

(2)

SEPA may, on application by the authorised person, provide for an exemption to the time periods in sub-paragraph (1)(a) and (1)(c) where—

(a)

there is an overriding need to maintain energy supplies, or

(b)

the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.

(3)

An application for an exemption—

(a)

under sub-paragraph (2)(a)—

(i)

must be made immediately and in advance of the need to use other fuels,

(ii)

may be made in writing, or by other means,

(b)

under sub-paragraph (2)(b), must be made to SEPA in writing,

(c)

will be treated as an accelerated application for a variation under regulation 63 of these Regulations,

(d)

will be determined by SEPA within the period as considered appropriate by SEPA in the circumstances.

(4)

SEPA will notify the authorised person in writing of an exemption granted under sub-paragraph (2) where practicable to do so.

Annotations

Textual amendments

F1: Sch. 21 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 12 (with sch. 23)