Explanatory note

These Regulations, which apply to Scotland only, provide for the transitional implementation of the UK’s national plan for reducing emissions of suplhur dioxide and oxides of nitrogen from existing combustion plants rated at 50 megawatts thermal input or more. They implement Council Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plans insofar as it applies to existing plant. This arrangement will precede the implementation of controls by authorisation under Part I of the Environmental Protection Act 1990 from 1 April 1992.

The Regulations require each plant operator to comply with the emission limits for sulphur dioxide and oxides of nitrogen set for the plant by Her Majesty’s Industrial Pollution Inspectorate (regulation 3). The operator is obliged to monitor emissions and to submit regular returns on the level of emissions to the chief inspector. He must also notify the chief inspector when 95% of each emission limit is reached and advise him of any change of circumstances which might cause the limit to be exceeded (regulation 4). Under regulation 5, if the chief inspector has reason to believe that the emission limits may be exceeded, he may require the operator to submit details of the measures which he proposes to take in order to stay within the permitted levels.

A copy of the HMIPI Register referred to in these Regulations is available from Her Majesty’s Industrial Pollution Inspectorate, 27 Perth Street, Edinburgh EH3 5RB.