The Solvent Emissions (Scotland) Regulations 2004

Scottish Statutory Instrument 2004 No. 26

The Solvent Emissions (Scotland) Regulations 2004

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SCOTTISH STATUTORY INSTRUMENTS

2004 No. 26

ENVIRONMENTAL PROTECTION

The Solvent Emissions (Scotland) Regulations 2004

	Made	27th January 2004
	Coming into force in accordance with regulation 1(1)

Citation, commencement and extent

- (1) These Regulations may be cited as the Solvent Emissions (Scotland) Regulations 2004 and shall come into force on the day after the day on which they are made.

(2) These Regulations extend to Scotland only.

Interpretation

- (1) In these Regulations-

"the 1990 Act" means the Environmental Protection Act 1990[

"authorisation" means an authorisation granted under section 6 of the 1990 Act.

    (2) Subject to regulation 3(17), in these Regulations, any word or expression used which is defined in regulation 2 of, or Schedule 3 to, the 2000 Regulations shall have the same meaning as it has in those Regulations.

    (3) Any other word or expression used both in these Regulations and in the Solvent Emissions Directive has the same meaning for the purposes of these Regulations as it has for the purposes of that Directive.

Application for variation of the conditions of an existing permit or authorisation in relation to installations covered by the Solvent Emissions Directive
     3. - (1) Where an installation which-

(a) contains a new SED installation; or

(b) contains an existing SED installation which-

(c) in either case mentioned in paragraphs (a) and (b), the affected part is on the date of coming into force of these Regulations subject to a permit,

the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of that permit.

(2) Where on or after 1st April 2001 and before the date of coming into force of these Regulations-

(a) abatement equipment was installed in an installation which contains a new or an existing SED installation;

(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and

(c) that part of the SED installation is on the date of coming into force of these Regulations wholly covered by an authorisation,

the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations-

(i) make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or

(ii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A", either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.

(3) Where before the date of coming into force of these Regulations-

(a) an installation which contains a new or an existing SED installation began using a risk phrase substance or preparation; and

(b) the SED installation or part of the SED installation in which the substance or preparation is used is subject to an authorisation,

the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations-

(4) Where on or after 1st April 2001 and before the date of coming into force of these Regulations-

(a) an installation which contains a new or an existing SED installation underwent a substantial change in operation;

(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part B"; and

(c) that part of the SED installation is on the date of coming into force of these Regulations wholly covered by an authorisation,

the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation.

(5) Subject to paragraph (1), where an installation which contains an existing SED installation is subject to a permit, the operator shall by the SED date make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of that permit.

(6) Subject to paragraphs (2) and (4), where the activities carried out by an existing SED installation-

(a) fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and

(b) are wholly covered by an authorisation,

the operator shall by the SED date, and subject to the consent of SEPA, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.

(7) Paragraphs (1) to (6) do not apply if SEPA has already included in the permit or authorisation all conditions necessary to meet the requirements of the Solvent Emissions Directive.

(8) Where after the date of coming into force of these Regulations-

(a) an operator of an installation which contains a new or an existing SED installation proposes to make a substantial change in the operation of that SED installation or to install abatement equipment; and

(b) the affected part of the SED installation is subject to a permit,

the operator shall make an application under regulation 13 of the 2000 Regulations for a variation of the conditions of the permit and may not make the substantial change in operation or install the abatement equipment before the determination date.

(9) Where after the date of coming into force of these Regulations-

(a) an operator of an installation which contains a new or an existing SED installation proposes to install abatement equipment;

(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations whether under the heading "Part A" or "Part B"; and

(c) that part of the SED installation is wholly covered by an authorisation,

the operator shall-

(10) Where after the date of coming into force of these Regulations-

(a) an operator of an installation which contains a new or an existing SED installation proposes to make a substantial change in the operation of that installation;

(b) the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part B"; and

(c) that part of the SED installation is wholly covered by an authorisation,

the operator shall make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; and may not make the substantial change in operation before the determination date.

(11) Where after the date of coming into force of these Regulations-

(a) an operator of an installation which contains a new or an existing SED installation proposes to begin using a risk phrase substance or preparation, and

(b) the SED installation or part of the SED installation in which it is proposed to use the risk phrase substance or preparation is subject to a permit or an authorisation;

the operator shall-

(i) where the installation is subject to a permit, make an application for a variation of the conditions of the permit; or

(ii) subject to sub-sub-paragraph (iii), where the installation is subject to an authorisation, make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or

(iii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A" and which is subject to an authorisation, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations,

and the operator may not begin using the substance or preparation before the determination date.

(12) Where after the date of coming into force of these Regulations-

(a) a substance or preparation used in a new or an existing installation becomes a risk phrase substance or preparation, and

(b) the SED installation or part of the SED installation in which the substance or preparation is used is subject to a permit or an authorisation,

the operator shall within the period of 4 months beginning on the date on which the risk phrase is assigned to that substance or preparation-

(i) where the installation is subject to a permit, make an application for a variation of the conditions of the permit; or

(ii) subject to sub sub paragraph (iii), where the installation is subject to an authorisation, make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation; or

(iii) subject to the consent of SEPA, in the case of an SED installation falling wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading "Part A" and which is subject to an authorisation, either make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 7 of the 2000 Regulations.

(13) Paragraphs (1), (4), (8) and (10) shall not apply to an installation containing an SED installation which has undergone, undergoes or will undergo a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the affected part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.

(14) An application under this regulation-

(a) shall contain the information specified in paragraph 1C of Part 1 of Schedule 4 to the 2000 Regulations; and

(b) in relation to an application under paragraphs (2), (3), (4), (6), (9), (10), (11), and (12), paragraph 1C of Part 1 of Schedule 4 to the 2000 Regulations shall be read as if the reference to an "application for a permit" included a reference to "an application under section 11 of the 1990 Act for a variation of the conditions of an authorisation".

    (15) Where an operator fails to comply with any of the requirements of this regulation, SEPA shall serve a notice on the operator specifying the relevant requirement, requiring the operator to comply with the requirement and specifying the period within which it shall be complied with.

    (16) A notice served under paragraph (15) shall be treated for the purposes of these Regulations as an enforcement notice served under regulation 19(1) of the 2000 Regulations.

    (17) For the purposes of this regulation-

"determination date" means-

(a) in relation to an application for a variation of a permit, the date on which the permit is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it;

(b) in relation to an application for a variation of an authorisation, the date on which the authorisation is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it, or

(c) in relation to an application for a permit, the date on which the permit is granted, whether in pursuance of an application for the permit or, on appeal, of a direction to grant it.

"the SED date" means-

(a) in relation to an existing SED installation for which the operator wishes to use a reduction scheme, 31st October 2005;

(b) in relation to all other existing SED installations, 31st October 2006.

Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions Directive
     4. - (1) Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to vary the permit to extend its scope to incorporate the whole of the SED installation.

    (2) Subject to paragraph (3), the provisions of regulation 13 of and Schedule 7 to the 2000 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 13(2) of the 2000 Regulations.

    (3) In relation to an application under paragraph (1)-

(a) regulation 13 shall apply as if-

" (4) Where an application is duly made to SEPA under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004, SEPA shall either vary the permit to extend its scope subject to the conditions required or authorised to be imposed by regulations 9 and 9C or refuse so to vary the permit.";

(ii) for paragraph (5) there were substituted the following paragraph-

" (5) Where SEPA decides to vary the permit to extend its scope, it shall serve a notice on the operator (a "variation notice") specifying how the scope of the permit will be extended by the variation, the conditions which will be imposed on the part of the installation covered by the variation and the date on which, unless the notice is withdrawn, the variation shall take effect."; and

(iii) for paragraph (7) there were substituted the following paragraph-

" (7) Where SEPA decides on an application under regulation 4(1) of the Solvent Emissions (Scotland) Regulations 2004 not to vary the permit to extend its scope, it shall give notice of its decision to the operator.";

(b) Schedule 7 shall apply as if-

" ; or

    (4) Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2000 Regulations shall be read as if references to an "application for a permit to operate the installation" were references to an "application for variation of a permit".

    (5) An application for a variation of the conditions of a permit under regulation 3(1), (5), (8), (11) and (12) and an application for variation to extend the scope of the permit under paragraph (1) may be combined in one application.

Application for a variation of an existing authorisation in relation to installations covered by the Solvent Emissions Directive
     5. - (1) Where the prescribed dates for an installation, which is already in part subject to an authorisation, are determined in accordance with paragraph 18(7) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities) and the anticipated prescribed date for the SED installation has not yet passed, the operator may make an application under section 11 of the 1990 Act for a variation of the conditions of the authorisation, to extend its scope to incorporate the whole of the SED installation.

    (2) Where after the date of coming into force of these Regulations, an application for a variation is made under paragraph (1) in respect of proposals by the operator to-

(a) make a substantial change in the operation of the SED installation;

(b) install abatement equipment; or

(c) begin using a risk phrase substance or preparation,

the operator may not implement any of the proposals before the determination date for that variation.

(3) An application for a variation of the conditions of an authorisation under regulation 3(2), (3), (4), (6), (9), (10), (11) or (12) and an application for a variation to extend the scope of the authorisation under paragraph (1) may be combined in one application.

(4) For the purposes of this regulation-

"anticipated prescribed date" shall have the same meaning as it has for the purposes of Part 4 of Schedule 3 to the 2000 Regulations; and

"determination date" shall have the same meaning as it has for the purposes of regulation 3 of these Regulations.

Supplementary applications in relation to installations covered by the Solvent Emissions Directive
6. - (1) Where an operator has made or is deemed to have made an application under regulation 7 of the 2000 Regulations to operate an installation containing an SED installation (the "original application") and-

(a) the operator wishes to make a substantial change in the operation of the SED installation, to install abatement equipment, to begin using a risk phrase substance or preparation or a substance or preparation used in the installation becomes a risk phrase substance or preparation before the original application has been determined; or

(b) the operator wishes to use a reduction scheme and the original application has not been determined by SEPA by 31st August 2005; or

(c) in relation to an installation for which the prescribed date is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), the original application is not determined by SEPA before the date for which the operator is required to apply for a permit for the remaining part of the installation,

the operator may make a supplementary application to SEPA.

(2) A supplementary application under paragraph (1) shall contain-

(a) in the case of an application under paragraph (1)(a), a description of the substantial change in the operation or abatement equipment to be installed or the risk phrase substance or preparation to be used or which has been assigned;

(b) in the case of an application under paragraph (1)(b), details of the proposed reduction scheme; and

(c) any other information which would be required under Schedule 4 to the 2000 Regulations to be included in an application to operate the installation which is not in the original application.

(3) Where an operator makes a supplementary application under paragraph (1) then subject to the consent of SEPA-

(a) the original application shall be amended to include the provisions of the supplementary application; and

(b) the resulting application shall be deemed to have been made on the date the supplementary application is made.

Determinations in relation to deemed applications
7. - (1) Where in respect of an SED installation-

(a) an application for a variation of an authorisation is made under regulation 3 ("the first application");

(b) before the determination of that application, an application for a permit to operate that installation is deemed to have been made in accordance with paragraph 9(3) and (4) of Schedule 3 to the 2000 Regulations ("the deemed application"); and

(c) SEPA determines that both the first application and the deemed application should be granted,

SEPA may grant a permit in respect of both applications, rather than granting separately a variation of the authorisation to which the first application relates.

(2) Where a permit is granted in accordance with paragraph (1), the notice of determination given by SEPA under paragraph 9(6) of Schedule 3 to the 2000 Regulations and the notification to the operator under paragraph 9(7) of that Schedule to those Regulations, shall relate to both the first application and the deemed application.

Duty for operators applying to use a reduction scheme
8. - (1) Where, in respect of an existing SED installation an operator makes-

(a) an application for a permit; or

(b) an application for a variation of the conditions of an existing permit or authorisation under regulation 3 or for an extension of an existing permit under regulation 4; or

(c) an application for an extension of an existing authorisation under regulation 5; or

(d) a supplementary application under regulation 6,

and indicates a wish to use a reduction scheme in respect of that SED installation, the operator shall, from 31st October 2005 until the determination date for the SED installation, operate the SED installation in accordance with the requirements of the reduction scheme.

    (2) In paragraph (1), the "determination date" shall be interpreted in accordance with Part 3 of Schedule 3 to the 2000 Regulations.

    (3) Where SEPA considers that an operator has failed, is failing or is likely to fail to comply with any of the requirements under paragraph (1), SEPA may serve a notice on the operator requiring that operator to comply with such requirements as are specified in the notice and specifying the period within which they shall be complied with.

    (4) A notice served under paragraph (3) shall be treated for the purposes of these Regulations as an enforcement notice served under regulation 19(1) of the 2000 Regulations.

    (5) For the purposes of the discharge of its functions under this regulation SEPA may serve a notice on any person requiring that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.

    (6) A notice served under paragraph (5) shall be treated for the purposes of these Regulations as a notice served under regulation 26(2) of the 2000 Regulations.

Amendment to the Pollution Prevention and Control (Scotland) Regulations 2000
     9. The 2000 Regulations shall be amended in accordance with regulations 10 to 21 of these Regulations.

     10. In regulation 2(1) (interpretation: general)-

(a) in the definition of "change in operation" delete from "and "substantial change in operation"" to the end of the entry and substitute-

" and "substantial change in operation" means, in relation to an installation or mobile plant, a change in operation which, in the opinion of SEPA, may have significant negative effects on human beings or the environment or which in itself constitutes the carrying out of an activity falling within Schedule 1 exceeding any threshold capacity therein, and shall include (except in relation to Part 1 of Schedule 3)-

(b) delete the definition of "the Directive" and after the definition of "installation" insert-

" "the IPPC Directive" means Council Directive 96/61/EC concerning integrated pollution prevention and control[

" "directly associated activity" means-

(d) for the definition of "installation" substitute-

" "installation" means (except where used in the term SED installation)-

and, other than in Schedule 3, references to an installation include references to part of an installation;";

" "new SED installation" and "existing SED installation" shall be interpreted in accordance with Schedule 3;";

" "organic compound" means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;";

" "reduction scheme" means a reduction scheme which complies with Annex IIB of the Solvent Emissions Directive;";

" "SED activity" means any activity falling within the section in Chapter 7 of Part 1 of Schedule 1 where operated above the solvent consumption thresholds specified for that activity as set out in that section of that Chapter;

"SED installation" means-

"small SED installation" means an SED installation which falls within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Annex IIA to the Solvent Emissions Directive or, for the other activities of Annex IIA, which have a solvent consumption of less than 10 tonnes/year;

" "volatile organic compound" means-

11. For all occurrences of the words "the Directive" throughout the Regulations substitute "the IPPC Directive".

12. In regulation 6(2) (requirement for permit to operate installation and mobile plant)-

(a) between sub-paragraphs (b) and (c) delete "and";

(b) after sub-paragraph (c) insert-

" ; and

13. In regulation 7(2) (permits: general provisions) after "regulation 9 (or the applicable provisions of regulation 10 of the 2003 Regulations)" insert "or regulation 9C".

14. In regulation 9 (conditions of permits: specific requirements)-

(a) at the beginning of paragraph (1)(c), insert "subject to paragraph (1B),";

(b) after paragraph (1A), insert-

" (1B) In relation to an SED installation, conditions shall be included in a permit for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion of solvents, or reducing the amount of solvents contained, in any products.".

15. After regulation 9, insert-

" 9C. Conditions of permits: solvents
A permit authorising the operation of an SED installation shall contain such conditions as SEPA considers necessary to give effect to the provisions of the Solvent Emissions Directive.".

16. In regulation 10 (general binding rules)-

(a) in paragraph (2), for "regulation 9" substitute "regulations 9 and 9C";

(b) in paragraph (3), for "regulation 9" substitute "regulations 9 and 9C".

17. In regulation 13 (variation of permits)-

(a) in paragraph (1), for "regulations 8 and 9" substitute "regulations 8, 9 or 9C";

(b) in paragraph (4), for "regulations 8 and 9" substitute "regulations 8, 9 or 9C of these Regulations".

18. In Schedule 1(activities and installations and mobile plant)-

(a) at the end of Part 1 there is inserted a new Chapter 7 as set out in Schedule 1 to these Regulations;

(b) in Part 2-

" (2) Sub-paragraph (1) shall not apply to-

(ii) in paragraphs 3, 4, 5, 6 and 7, before "Part 1" insert "any section of Chapters 1 to 6 of";

(iii) after paragraph 7 insert-

" 7A. An activity listed in Chapter 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products."; and

(iv) in paragraphs 9(4) and 10 after "Part B", insert "(other than a description in Chapter 7 of Part 1)";

(c) at the beginning of paragraph 18(d) of Part 3, insert "Subject to sub-paragraph (e),"; and

(d) after paragraph 18(d) of Part 3 insert-

" ;

19. In Schedule 3 (prescribed dates and transitional arrangements)-

(a) in paragraph 5 of Part 1,

" (3) An operator may make an application before the beginning of the relevant period in accordance with regulation 3 of the Solvent Emissions (Scotland) Regulations 2004.";

(b) in paragraph 9 of Part 2,

" (2A) An operator of an SED installation may with the consent of SEPA make an application for a permit before the date on which an application would otherwise be deemed to have been made under sub-paragraph (3).";

(ii) in sub paragraph (3), after "sub-paragraph (2)", insert "or (2A)"; and

20. In Schedule 4 (grant of permits)-

(a) in paragraph 1(1)(d), after "Section 5.1 of Part 1 of Schedule 1" insert "or an SED activity or part of an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities);

(b) in paragraph 1(1)(e), delete from "which will have a technical connection" to "pollution";

(c) in paragraph 1(1)(m), after "regulation 9" insert "and 9C";

(d) after paragraph 1B[

1C.

(2) Where the prescribed date for the installation is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 and any directly associated activities), sub-paragraph (1) shall not apply to an application to operate that part of the installation in which an activity falling within any section of Chapters 1 to 6 of Part 1 of Schedule 1 is carried out.";

3A.

(f) for paragraph 8 substitute-

(g) for paragraph 10 substitute-

10.

21. In Schedule 7 (applications for variation of conditions)-

(a) after paragraph 1(g), insert-

(b) in paragraph 2, after "Part A mobile plant" insert "(but excluding a change in the operation of part of the installation which carries out an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1(and any directly associated activities))"; and

(c) for paragraph 4(4) substitute-

" (4) This paragraph shall not apply in relation to an application for a variation of the conditions of a permit or a proposed variation notice in relation to an installation involving only-

Amendment of the Environmental Protection (Prescribed Processes and Substances) Regulations 1991
22. The 1991 Regulations shall have effect subject to the following amendments-

(a) in regulation 5 (enforcement)-

" (3) Where in an SED installation activities are carried out falling within any description of processes set out in Schedule 1 under the heading "Part B", such processes in such an installation are so designated for central control.

(4) For the purposes of this regulation and regulation 6, "SED installation" shall have the same meaning as it has for the purposes of the Pollution Prevention and Control (Scotland) Regulations 2000.";

(b) in regulation 6 (prescribed substances: release into the air, water or land),

" Subject to paragraphs (4) and (5),";

(ii) after paragraph (3), insert-

    " (4) Paragraphs (2) and (3) of this regulation shall not apply in relation to any description of processes in an SED installation as designated in accordance with regulation 5(3) of these regulations.

    (5) In relation to any description of processes in an SED installation as designated in accordance with regulation 5(3) of these regulations, volatile organic compounds as well as solvents contained in any products are prescribed as substances the release of which into the air, water or land as fugitive emissions is subject to control under those sections.

    (6) For the purpose of this regulation, "volatile organic compounds", "organic compounds" and "fugitive emissions" shall have the same meaning as they have for the purposes of Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities and installations[

Authorised to sign by the Scottish Ministers

ALLAN WILSON

St Andrew's House, Edinburgh
27th January 2004

SCHEDULE

Regulation 18(a)

NEW CHAPTER 7 IN PART 1 OF SCHEDULE 1 TO THE 2000 REGULATIONS

" CHAPTER 7:
SOLVENT EMISSIONS
Section7: SED Activities

PART A

NIL

PART B

The activities listed in column 1 of the table below if they are operated above the solvent consumption thresholds specified for those activities as set out in column 2 of that table.

Activity	Solvent consumption threshold in tonnes/year
Heatset web offset printing	15
Publication rotogravure	25
Other rotogravure, flexography, rotary screen printing, laminating or varnishing units	15
Rotary screen printing on textile/cardboard	30
Surface cleaning using substances or preparations which because of their content of volatile organic compounds classified as carcinogens, mutagens or toxic to reproduction under Directive 67/548/EEC[9] are assigned or need to carry one or more of the risk phrases R45, R46, R49, R60 or R61, or halogenated volatile organic compounds which are assigned or need to carry the risk phrase R40	1
Other surface cleaning	2
Vehicle coating and vehicle refinishing	0.5
Coil coating	25
Other coating activities, including metal, plastic, textile (except rotary screen printing on textile), fabric, film and paper coating	5
Winding wire coating	5
Coating activity applied to wooden surfaces	15
Dry cleaning	0
Wood impregnation	25
Coating activity applied to leather	10
Footwear manufacture	5
Wood and plastic lamination	5
Adhesive coating	5
Manufacture of coating preparations, varnishes, inks and adhesives	100
Rubber conversion	15
Vegetable oil and animal fat extraction and vegetable oil refining activities	10
Manufacturing of pharmaceutical products	50

(1) Expressions used both in this Part and in the Solvent Emissions Directive have the same meaning for the purposes of this Part as they have for the purposes of that Directive.

(2) For the purposes of this Part-

"adhesive" means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;

"adhesive coating" means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities;

"coating" means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface;

"coating activity" means any activity in which a single or a multiple application of a continuous film of a coating is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques;

"coil coating" means any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process;

"consumption" means the total input of organic solvents into an installation per calendar year, or any other twelve month period, less any volatile organic compounds that are recovered for reuse;

"dry cleaning" means any industrial or commercial activity using volatile organic compounds in an installation to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry;

"flexography" means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and using liquid inks which dry through evaporation;

"footwear manufacture" means any activity of producing complete footwear or parts of footwear;

"halogenated organic solvent" means an organic solvent which contains at least one atom of bromine, chlorine, fluorine or iodine per molecule;

"heatset web offset printing" means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where-

"ink" means a preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application which is used in a printing activity to impress text or images on to a surface;

"laminating associated to a printing activity" means the adhering together of two or more flexible materials to produce laminates;

"manufacturing of coating preparations, varnishes, inks and adhesives" means the manufacture of coating preparations, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates, by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including-

"manufacturing of pharmaceutical products" means one or more of the following activities:

of pharmaceutical products and where carried out at the same site, the manufacture of intermediate products;

"organic solvent" means any volatile organic compound which is used-

"other coating activities" means a coating activity applied to-

(a) trailers, defined in categories O1, O2, O3 and O4 in Directive 70/156/EEC[

"printing activity" means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques;

"publication rotogravure" means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;

"reuse" means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;

"rotary screen printing" means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off;

"rotogravure" means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from those recesses;

"rubber conversion" means-

"surface cleaning" means any activity, except dry cleaning, using organic solvents to remove contamination from the surface of material including degreasing but excluding the cleaning of equipment; and a cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity;

"vehicle coating" means a coating activity applied to the following vehicles-

"varnish" means a transparent coating;

"varnishing" means an activity by which varnish or an adhesive coating for the purpose of sealing the packaging material is applied to a flexible material;

"vegetable oil and animal fat extraction and vegetable oil refining activities" means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter;

"vehicle refinishing" means any industrial or commercial coating activity and associated degreasing activities performing-

"web-fed" means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;

"winding wire coating" means any coating activity of metallic conductors used for winding the coils in transformers and motors etc.

"wood and plastic lamination" means any activity to adhere together wood or plastic to produce laminated products; and

"wood impregnation" means any activity giving a loading of preservative in timber;

(3) Without prejudice to sub-paragraph (4), an activity shall be deemed to operate above the solvent consumption threshold specified for that activity under this Part if the activity is likely to be operated above that threshold in any period of 12 months, having regard where relevant to any operation above that threshold in any period of 12 months before the date of coming into force of the SED Regulations.

(4) In this Part, "SED Regulations" shall have the same meaning as it has for the purposes of Parts 3 and 4 of Schedule 3 to these Regulations.".

SCHEDULE 2

Regulation 19(c)

NEW PARTS 3 AND 4 OF SCHEDULE 3 TO THE 2000 REGULATIONS (PRESCRIBED DATES AND TRANSITIONAL ARRANGEMENTS)

" PART 3
SED installations
12. The prescribed date for a new SED installation is-

(b) in relation to all other new SED installations, the date of coming into force of the SED Regulations.

13. - (1) Subject to paragraphs 14 and 15, the prescribed date for an existing SED installation is-

(2) For the purposes of sub-paragraph (1) the relevant date for an existing SED installation is-

14. - (1) Where on or after 1st April 2001 and before the date of coming into force of the SED Regulations there was a substantial change in the operation of an existing SED installation, the prescribed date for the affected part shall be-

    (2) Where after the date of coming into force of the SED Regulations, an existing SED installation undergoes a substantial change in operation, the prescribed date for the affected part shall be the date on which the change is made, if earlier than the date which would be the prescribed date for the SED installation under this Part.

    (3) Sub paragraphs (1) and (2) do not apply to that part of the SED installation which undergoes a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the affected part been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.

     15. - (1) Where on or after 1st April 2001 and before the date of coming into force of the SED Regulations, abatement equipment was installed in an existing SED installation, the prescribed date for the affected part shall be-

    (2) Subject to sub-paragraph (3), where after the date of coming into force of the SED Regulations abatement equipment is installed in an installation, the prescribed date for the affected part shall be the date on which the abatement equipment is installed if earlier than the date which would be the prescribed date for the SED installation under this Part.

    (3) Where the abatement equipment is to be installed in an installation in respect of which the operator has made an application to use a reduction scheme, the prescribed date for the affected part shall be the determination date for that part.

     16. - (1) Where an existing SED installation uses at the date of coming into force of the SED Regulations a risk phrase substance or preparation, the prescribed date for the SED installation shall be-

    (2) Where after the date of coming into force of the SED Regulations, an existing SED installation begins using a risk phrase substance or preparation, the prescribed date for the SED installation shall be the date on which the substance or preparation is first used.

    (3) Where after the date of coming into force of the SED Regulations a substance or preparation used in an existing SED installation becomes a risk phrase substance or preparation, the prescribed date for the SED installation shall be the date four months after the date on which the risk phrase is assigned to that substance or preparation.

     17. - (1) Expressions used both in this Part and Part 4 and in the Solvent Emissions Directive have the same meaning for the purposes of those Parts as they have for the purposes of that Directive.

    (2) In this Part-

"abatement equipment" means equipment used to abate the effects of emissions of volatile organic compounds;

"affected part" means that part of an SED installation which undergoes a substantial change in operation or in which abatement equipment is installed or in which a risk phrase substance or preparation is used or assigned;

"determination date" means-

(c) for an SED installation or part of an SED installation in relation to which an application is withdrawn in accordance with regulation 5(5) or is deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4, the date the application is withdrawn, or is deemed to have been withdrawn;

"existing SED installation" means an SED installation which was-

and where an installation becomes authorised as an SED installation for the first time as a result of a variation granted for the purposes of sections 10 or 11 of the Environmental Protection Act 1990 or regulation 13 of the 2000 Regulations, references in this definition to the grant of a permit or authorisation shall be construed as references to that variation and not to the original grant of the permit or authorisation, and references to the grant of a permit or authorisation shall be construed as references to the service of a notice giving effect to that variation;

"halogenated volatile organic compound" means a volatile organic compound containing bromine, chlorine, fluorine or iodine;

"new SED installation" means a SED installation which is put into operation on or after 1st April 2001, other than an existing SED installation; and

"risk phrase substance or preparation" means-

(a) in relation to an SED activity other than dry cleaning (as defined in paragraph (2) of Part B of Chapter 7 of Part 1 of Schedule 1), a substance or preparation which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC[

"the SED Regulations" means the Solvent Emissions (Scotland) Regulations 2004.

PART 4

Application of Parts 1 to 3
     18. - (1) Parts 1 to 3 of this Schedule shall apply subject to the provisions of this Part.

    (2) Where an installation is wholly an SED installation and only carries out activities which do not fall within any section of Chapters 1 to 6 of Part 1 of Schedule 1 the prescribed date for that installation shall be determined in accordance with Part 3.

    (3) Subject to sub-paragraphs (4) to (7), the prescribed date for installations which carry out an activity falling within a description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities) shall be determined in accordance with Parts 1 or 2.

    (4) Subject to sub-paragraphs (5) to (7), where an SED installation carries out activities which are also wholly or partly activities falling within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities), the prescribed date for that installation shall be determined in accordance with paragraphs 12 and 13 of Part 3 unless-

(5) Subject to sub-paragraph (6), where an installation-

the installation shall be regarded, for the purposes of this Schedule, as if it were two separate installations one consisting of the part of the installation carrying out activities under any section of Chapters 1 to 6 in Part 1 of Schedule 1 (and any directly associated activities) for which the prescribed date shall be determined in accordance with Parts 1 or 2 and the other consisting of the remainder of the installation for which the prescribed date shall be determined in accordance with Part 3.

(6) Where sub paragraph (5) applies the operator may apply in writing to SEPA for consent to make an application at the earliest anticipated prescribed date covering the whole installation.

(7) Where-

(b) the anticipated prescribed date for that installation under Part 1 or 2 is later than the anticipated prescribed date for the SED installation under Part 3; and

(c) before the anticipated prescribed date for the SED installation under Part 3, an application for a variation of the authorisation is made in respect of the SED activity,

the prescribed date for the whole installation (including the part containing the SED installation) shall be determined in accordance with Parts 1 or 2.

(8) Where abatement equipment is installed in an existing SED installation or that installation undergoes a substantial change in operation the prescribed date for the affected part shall be determined in accordance with paragraphs 14 or 15 of Part 3 unless-