Paragraph 11 Emission limit values: temporary exemptionsF1

(1)

SEPA may, on application of the authorised person, grant an exemption for a maximum period of 6 months from the requirements in paragraph 8 of this schedule to comply with an emission limit value for SO₂ where the medium combustion plant—

(a)

normally uses low-sulphur fuel, and

(b)

the authorised person is unable to comply with an emission limit value for SO₂ due to an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

(2)

SEPA may, on application of the authorised person, grant an exemption for a maximum period of 10 days from the requirements in paragraph 8 of this schedule where the plant—

(a)

uses only gaseous fuels,

(b)

has to resort exceptionally to the use of non-gaseous fuel due to a sudden interruption in the supply of gas, and

(c)

requires to be fitted with secondary abatement equipment due to the interruption.

(3)

An application for an exemption—

(a)

under sub-paragraph (1), must be made to SEPA in writing,

(b)

under sub-paragraph (2)—

(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,

(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 (3) where practicable to do so.

(5)

The period in sub-paragraph (2) may be extended where SEPA considers that the authorised person has demonstrated that a longer period is justified.

(6)

SEPA must immediately inform the Scottish Ministers of any exemption granted under this paragraph.

Annotations

Textual amendments

F1: Sch. 27 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 18 (with sch. 23)