Scottish Government

Guidance issued by the Scottish Executive Rural Affairs Department and the Scottish Environment Protection Agency.

1. PURPOSE OF THIS GUIDE

1.1 This document gives guidance on the operation of Integrated Pollution Prevention and Control (IPPC) implemented by the Pollution Prevention and Control (Scotland) Regulations 2000 ("the Regulations") ( SI 2000/) made under the Pollution Prevention and Control Act 1999 ("the Act"). The Regulations are subject to approval by the Scottish Parliament and have not yet come into force.

1.2 The Regulations implement the European Community (EC) Directive 96/61/EC on Integrated Pollution Prevention and Control ("the IPPC Directive"), while also building on pre-existing national arrangements for pollution control introduced under the Environmental Protection Act 1990 (EPA 90).

1.3 The Regulations designate the Scottish Environment Protection Agency (SEPA) as the "Regulator" responsible for enforcing the regime. Separate regulations are to be introduced for the application of IPPC to installations in England and Wales, and Northern Ireland and the offshore oil and gas industries, each with different Regulators.

1.4 This guidance describes the Act and the relevant Regulations made under it. All the guidance in this document is informal and should not be taken as an authoritative interpretation of the Act, the Regulations or any other legislation. The guide seeks to explain the main legal provisions of IPPC, but the precise requirements can only be ascertained by direct reference to the law itself.

1.5 Relevant information and guidance is also contained in:

• The IPPC Directive (Official Journal of the European Communities, L257, 10.10.96, ISBN 011915 4803, 18.33);
• The Pollution Prevention and Control Act 1999 (ISBN 0-10-542499-4, 4.00);
• The Pollution Prevention and Control (Scotland) Regulations 2000 (SI 2000/XXX, ISBN XXXXXXXXXX.XX);
• The Environment Act 1995 which established the Scottish Environment Protection Agency (ISBN 0-10-5425955 8, 25.90)

These items can be obtained from the Stationary Office. In addition, the following documents will be available free of charge from SEPA:

• Application forms and guidance for applications for new permits, variations, transfer and surrender. These are for Operators whose installations are subject to regulation by SEPA, and describe the content and format of information SEPA needs to determine an application:
• SEPA The Pollution Prevention and Control (Scotland) Regulations charging scheme document:

A series of guidance notes will also be published on the application of the Regulations A list can be obtained from SEPA, Erskine Court, The Castle Business Park, Stirling FK9 4TR ( SEPA website - www.sepa.org.uk).

In the case of "specified waste management activities" regulated under IPPC, further relevant information may be found in:

• Part II of EPA 90 (as amended by the Environment Act 1995);
• The Waste Management Licensing Regulations 1994 (SI 1994/1056 as amended);
• Various Waste Management Papers (WMPs) published by the Department of the Environment (DoE) and subsequently the Department of the Environment, Transport and the Regions (DETR), including those adopted as statutory guidance (WMP 4 on Waste Management Licensing, WMP 4A on Licensing of Metal Recycling Sites and WMP 26A on Landfill Completion) under Part II of EPA 90; and
• Scottish Office Circular 10/94 which sets advice and policies in relation to the application of Part II of EPA 90 and the Waste Management Licensing Regulations, and includes some further statutory guidance under Part II of the EPA 90.

2. INTRODUCTION TO PPC

2.1 The PPC regime described in this Gguide has been introduced for two main reasons:

• It transposes the IPPC Directive, when it relates to onshore installations in Scotland;
  
• It builds upon national experience with previous pollution control systems, particularly under EPA 90.

2.2 The IPPC regime employs an integrated approach to regulating certain industrial activities and installations that may cause pollution or have other environmental effects. These activities include major process industries, activities involving waste management and operations such as the intensive farming of certain livestock.

2.3 The fundamental philosophy of IPPC is that environmental problems should be addressed in an integrated way. This is intended to avoid problems that may arise if separate approaches are taken to controlling releases to the air, water and land. The preamble to the IPPC Directive notes that such medium-specific controls "may encourage the shifting of pollution between the various environmental media rather than protecting the environment as a whole". IPPC also considers further types of environmental impacts - like resource consumption - alongside pollution. This should ensure that the prevention of pollution is not addressed at the expense of another type of environmental problem. This integrated approach will promote the principle of sustainable development .

2.4 This integrated approach can be implemented in many ways and in various areas of environmental policy. The system of IPPC described in this guide, however, is concerned with the application of a specific regulatory regime to particular industrial activities. Traditionally, these types of activity were subject to distinct arrangements for the separate control of polluting releases to air, water and land. This approach was challenged by the Royal Commission on Environmental Pollution (RCEP) in its Fifth Report (1976 - Cmnd 6371). The RCEP proposed that releases should be directed to the environmental medium where the least damage would be done. This proposal was accompanied by the recommendation that a body be created with the responsibility for ensuring that wastes were disposed of so as to minimise effects in all three environmental media , thus achieving the optimum environmental solution overall. The RCEP referred to this optimum solution as the "Best Practicable Environmental Option" (BPEO).

2.5 A significant milestone was achieved when Her Majesty's Industrial Pollution Inspectorate (HMIPI) was assigned the task of applying a new system of Integrated Pollution Control (IPC) to the most potentially polluting industrial processes in Scotland. IPC was introduced under Part I of EPA 90, which also made provision for a parallel system of Local Air Pollution Control (LAPC). Part II of EPA 90 made provision for separate controls on the management of waste, including a new Waste Management Licensing (WML) system which was introduced by the Waste Management Licensing Regulations 1994.

2.6 The scope of IPC and LAPC was defined by the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (SI 1991 / 472 as amended). These Regulations detailed the "Part A" processes subject to IPC and regulated by HMIPI and "Part B" processes subject to LAPC. Initially regulated by Local Authorities and subsequently by SEPA. In many important respects, the two regimes were founded upon similar procedures and terminology. For example, both systems involved the setting of authorisation conditions based on an assessment of "Best Available Techniques Not Entailing Excessive Cost" (BATNEEC). In LAPC, however, authorisation conditions were only to be set in relation to releases to air, while in IPC they were to address releases to all media. Accordingly, the determination of BATNEEC for IPC requires an assessment of BPEO.

2.7 In April 1996 SEPA was established under the provisions of the Environment Act 1995. This created a single body bringing together HMIPI with the former River Purification Boards and Waste Regulation Authorities. SEPA also took on the responsibilities of its predecessors, including the applications of IPC, LAPC from the Local Authorities plus other functions such as WML and water discharge consenting.

2.8 The IPPC Directive was adopted by the Council of the European Union in September 1996, to bring about an improved and more consistent approach to environmental protection across the EC. The Directive was based on the UK System of IPC, although it contains some important differences and new elements. In particular, alongside the release of polluting substances the Directive is concerned with further issues such as energy efficiency, consumption of raw materials, noise, prevention of accidents, waste minimisation and recovery, and restoration of the site after use. It also embraces a wider range of industrial operations, bringing in activities such as intensive animal rearing, food production and waste management to the framework of integrated control. Additionally, it regulates the "installation" as a whole rather than the individual industrial "process" which was the focus of IPC. Furthermore, the setting of permit conditions under the Directive is to be based on "Best Available Techniques" (BAT) rather than BATNEEC, although the meaning of these two expressions is essentially the same.

2.9 The Pollution Prevention and Control Act 1999 and the Regulations made under it give effect to these changes while also building on the previous domestic arrangements. The Regulations introduce a single permitting system i.e. one permit covering all activities thus removing the need to apply for various consents. The Regulations create Part A and Part B regimes, similar to those of Part I of EPA 90, which they will replace over time. They also incorporate certain provisions from the system of WML under Part II of EPA 90.

2.10 The system of IPPC described in this Gguide refers to the regulating of Part A activities. The Part B activities described in the Regulations essentially representss a continuation of the system of LAPC in Part I of EPA 90. The transfer of LAPC to the Regulations alongside the Part A activities is simply to ensure continued consistency of the main procedures and definitions. It does not change the current focus of LAPC regulation on controlling releases to air.

Part I of EPA 90 will be repealed once all of the existing authorisations issued under it's regime have been revoked or replaced by permits issued under the Regulations. The time frame over which PPC applications should be made is indicated in this guide.

3. OBJECTIVES OF THE REGIME

3.1 The IPPC regime introduces a more integrated approach to controlling pollution from industrial sources. Its main aim is to achieve - "a high level of protection of the environment taken as a whole...", by measures designed to prevent or, where that is not practicable, reduce emissions to air, water and land. In this context, the Regulations define "emission" for the purposes of Part A activities as meaning "the direct or indirect release of substances, vibration, heat or noise from individual or diffuse sources in an installation into the air, water or land".

3.2 Within this overall aim, PPC has a number of specific objectives:

• It requires the prevention or reduction of emissions from installations, principally through setting Emission Limit Values (ELVs) based on the assessment of BAT and the consideration of any relevant site-specific issues. The determination of BAT should consider costs and advantages of different solutions to environmental problems, balancing a range of environmental factors across the entire life of industrial installations. It should consider both the technologies used and the way in which the installation is designed, built, maintained, operated and decommissioned. There is a strong emphasis, therefore, on appropriate and effective systems of management of installations to ensure a high level of environmental protection.

• It places the onus on operators to take responsibility for finding solutions to potential environmental problems. Operators' applications for PPC permits must include an assessments of the environmental impacts of the installations as well as details of the measures they plan to prevent or minimise any adverse effects.

• It requires Environmental Quality Standards (EQSs) to be taken into consideration, and may demand operational performance beyond the normal standard of BAT to ensure that EQSs are not breached. PPC provides for slightly different treatment of EQSs agreed at the EC level compared with those which are purely domestic.

• It promotes techniques that reduce the amount of waste and releases overall, whether solid, liquid or gaseous. Thus IPPC should move the control of pollution from industrial sources away from adopting end-of-pipe solutions towards developing clean technologies. Where waste production cannot be avoided, PPC reflects the general principle that waste recovery should take precedence over disposal, unless the recovery is technically and economically impossible.
  

• It requires energy to be used efficiently. It also requires energy efficiency and consumption of raw materials, including water, to be taken into account in determining BAT.

• It takes into account the risk of accidents affecting the environment The need to prevent accidents and minimise their consequences will be reflected in identifying BAT and determining permit conditions for PPC installations.

• It requires the site of the industrial installation to be returned to a satisfactory state on closure of the installation. (Guidance on Site Reports.)

• It should improve the efficiency and effectiveness of pollution control in industry. It should contain the burden on industry, particularly by providing a "one stop shop" on pollution control in the potentially most seriously polluting sectors.

• It should streamline and strengthen the regulatory system, clarifying the roles and responsibilities of the regulator and the regulated.

• It should increase public confidence by providing a regulatory system that is accessible and understandable and, clear in operation, and in the results of its application.

• It should provide a flexible framework capable of responding both to changing pollution prevention and control techniques and to new knowledge on the effects of pollutants.

• It should provide a means to support fulfilment of certain international and EC obligations relating to environmental protection.

4. OVERVIEW OF THE REGULATORY PROCESS

4.1 This section provides an overview of the regulatory process. The detail, including interfaces between PPC legislation and other legislation, is discussed in later chapters. The process applies to specified industrial "activities" carried out in "installations" as stated in the Regulations. The Operator of a new or existing PPC installation must obtain a permit from SEPA according to the timetable outlined in the Regulations.

4.2 The procedure begins with preparation and submission to SEPA of a formal application by the Operator. The application must address various issues and should be sufficient to enable SEPA to determine the application in accordance with the Regulations. SEPA will check that the application is "duly made". If it is not, the application is returned to the Operator.

4.3 If the application is 'duly made' SEPA circulates copies to various statutory consultees for review and comment. In addition, the Operator is required to advertise the application for public consultation. This process of consultation is determined by the Regulations, although SEPA may also choose to undertake additional consultation under their own procedures on a non-statutory basis. SEPA must place a copy of the application on a public register, once any claims by the Operator for exclusions on the grounds of national security or commercial confidentiality have been determined.

4.4 SEPA then determines the application, by deciding if the Operator's proposals will meet the requirements of the regime and whether a permit should be issued or the application rejected. SEPA may request any additional information from the Operator that may be necessary for the determination. If this information is not received within the time specified, SEPA may treat the application as having been withdrawn. When SEPA is satisfied that the information supplied is complete, it considers the overall application alongside representations from the consultees and other relevant factors. The permit is then drafted to contain conditions that ensure the installation complies with the requirements of the Act and the Regulations (as defined in 1.1). The precise permitting procedure may vary. however, there is no provision for any installation covered by the Regulations to be exempted from control.

4.5 Operators of PPC installations are required to carry out monitoring, of releases for example, and supply information to SEPA. SEPA will also carry out its own monitoring and inspections, and has a range of powers to enforce compliance with permit conditions.

4.6 Over time, a permit may need to be changed, at the instigation of the Operator or SEPA, to reflect changes in the installation, the way it is operated or for other reasons. Steps to be taken by the Operator or SEPA to modify/, vary, transfer or surrender a permit are laid out in the Regulations.

4.7 Where a permit is to be surrendered, an application should be made to SEPA. For Part A installations, the application shall contain a site report describing the condition of the site, in particular any changes in condition since the application for the permit was made. The application shall also describe the steps taken to avoid any pollution risk or to return the site to a satisfactory state.

4.8 SEPA is required to maintain public registers containing information on IPPC installations, subject to exclusions for reasons of national security or commercial confidentiality. A separate inventory of polluting emissions will also be established for the UK.

4.9 Operators are required to pay a fee to have PPC applications determined and for regulation once a permit has been issued.

4.10 Operators may appeal to the Scottish Ministers when they are dissatisfied with SEPA's decisions.

5 PRESCRIBED ACTIVITIES

5.1 PPC is concerned with regulating certain specified "activities" carried out at "installations". Broadly an "installation" will comprise one or more activities listed by the Regulations, plus any additional activities that meet specified criteria. Identifying an activity listed by the Regulations, therefore, is an essential pre-requisite to determining the extent of the "installation". This in turn helps to identify the Operators who must obtain permits under the regime.

Part A Activities

5.2 Annex 1 to this guide shows the main industry sectors subject to IPPC. This is a greatly condensed list of the "Part A" activities identified in the Regulations. The complete list of Part A activities is set out in Schedule 1 to the Regulations, to which reference should be made for detailed information (Schedule 1 also lists "Part B" activities subject to the LAPC regime, which is not covered by this guide). Annex 1 also sets out information about the timetable for permit applications by existing installations carrying out Part A activities.

Installations

5.3 The regulated unit in IPPC is the "installation". Operators need to ensure that their applications properly delineate the constituent parts of their installations and the extent to which they have control over them. SEPA needs to determine applications and impose permit conditions accordingly. The Regulations define an "installation" as:

• a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out:; and
• any other location on the same site where any other directly associated activities are carried out which have a technical connection with the activities carried out in the stationary technical unit, and which could have an effect on pollution.

5.4 The definition means that a number of activities may comprise a single installation. This supports the integrated approach of IPPC, since it requires, for example, the identification of BAT for the whole installation rather than individual activities. Annex II provides advice and worked examples on interpreting the definition.

Meaning of "Specified Waste Management Activity"

5.5 "Specified waste management activity" is defined in the Regulations as covering any activity of a type that previously fell under the WML regime. A "specified waste management activity" need not be a Part A activity in its own right, and could come under PPC as a "directly associated activity" forming part of the installation, Conversely, not all activities involving the disposal and recovery of waste are "specified waste management activities". The definition excludes, for example, an existing waste incinerator that did not require a WML before PPC came into effect because it was regulated under IPC instead. However, the regulation of any activity under PPC involving the disposal or recovery of waste, whether or not a "specified waste management activity", must aim to achieve certain "relevant objectives". These are derived from the Waste Framework Directive (Directive 75/442/EEC, OJ L194, 25.7.75 as amended by Directive 91/692/EEC, OJ L377, 31.12.91). The "relevant objectives" do not apply to IPPC activities that do not involve the disposal or recovery of waste.

Meaning of "Production Capacity"

5.6 Schedule 1 sometimes refers to the "production capacity" of Part A activities. When the Operator carries out several activities of the same description in different parts of the same technical unit or in different technical units on the same site, the production capacities must be added together.

5.7 It is for Operators to determine the maximum capacity in each case, to establish what regime, if any, they are subject to. Operators should satisfy themselves that they comply with the law, since any operation that exceeds the capacity on which a permit has been based could constitute an offence., However, SEPA may be able to offer advice on this issue, and, indeed, on the interpretation of other aspects of the definitions of Part A activities. SEPA may also assess whether an Operator's assessment of capacity, as set out in an application, is reasonable. In general the maximum capacity will be based on design capacity of the installation.

Meaning of "Operator"

5.8 "Operator" is defined in the Regulations as meaning "in relation to an installation or mobile plant, the person who has control over its operation where there is no such person, the person who holds the permit which applies to the installation or mobile plant". Thus an installation need not be in operation for there to be an Operator. Legal obligations may also be imposed on an Operator during the pre- and post-operational phases

5.9 It is for applicants for PPC permits to identify the Operator. The Operator may be a legal or natural person, and must be an appropriate person to fulfil the obligations that would arise if a permit were issued. This means that the Operator must demonstrably have the authority and ability to ensure compliance with the permit. Installations are subject to inspection by SEPA. If SEPA is satisfied that an identified Operator will not provide s satisfactory control, the application will be refused.

Multiple Operators in a Single Installation

5.10 It is common for different parts of a single installation to be operated by different Operators . This does not affect the determination of the extent of the installation Therefore the Regulations, where referring to the term "installation", also includes references to part of an installation. This allows two or more permits to be issued to two or more Operators who run different parts of a single installation. Once the extent of an installation has been determined, every part of that installation requires a permit.

5.11 Special care is needed where two or more Operators run different parts of an installation. The permit application for any part of the installation should demonstrate that an appropriate person has been identified as the Operator for that part. There should be no ambiguity over which Operator has responsibility for which part. Any necessary inter-reliance between the different Operators and their parts of the installation should also be demonstrated. The essence here is that the Operators must be able to operate the installation between them in a way that meets the requirements of the Regulations.

Installation on the Same Site Operated by the Same Operator

5.12 When there are a number of separate installations on one site, each is normally regulated separately. However, if two or more installations on the same site are operated by the same Operator, they may be regulated together under a single permit if both SEPA and the Operator agree. This is largely a matter of administrative convenience. Most of the permit conditions should be distinct for each installation, since technically the installations should operate independently from one another, otherwise they would constitute a single installation. There could however be some shared permit conditions relating to common elements, such as the overall management of the installations and requirements for site restoration.

Activities Coming into PPC from Previous Control Regimes

5.13 Broadly speaking, existing activities becoming subject to regulation under PPC can be divided into five main categories based on their previous regulatory arrangements. Some activities have been regulated by one or more of five regimes involving prior authorisation for pollution control. These are IPC and LAPC under Part I of EPA 90; WML under Part II of EPA 90,; water discharge consenting under the Control of Pollution Act 1974, (COPA) and authorisation under the GWR 1998.. The sixth category of activity has not been subject to any of these regimes.

5.14 Regardless of previous regulatory arrangements, all Part A activities are subject to the same main legal requirements. SEPA will seek to ensure consistency in applying the legislation and determining standards across all activities.

5.15 Processes previously regulated under IPC are Part A activities for PPC. These Operators should have the greatest understanding of the new regime in the first instance. However, there are a number of important new elements for them. In particular, the unit of regulation is now the "installation" , and issues such as noise, energy efficiency, the need to return the site to a satisfactory state and the efficient use of raw materials now come under scrutiny.

5.16 Most processes previously regulated under LAPC stay under that regime as transferred to the new Regulations. However, some ex-LAPC processes, for example rendering plants, are now Part A activities for the purposes of PPC.

5.17 Likewise, some activities; such as landfills, previously regulated under WML come under PPC as Part A activities, while others will remain under WML. WML is a multi-media regime rather than a medium-specific one, so these Operators should be reasonably familiar with this aspect of IPPC. WML also made provision to ensure the site was left in an acceptable condition, similar to the site restoration elements of PPC. Nevertheless, there are several important differences in approach. In particular, the requirement to determine BAT taking account of a variety of environmental factors is new.

5.18 Some elements of the WML regime have been carried over to IPPC, where they apply solely to "specified waste management activities". These are requirements for : prior planning permission before a PPC permit may be granted the activities to be in the hands of a "Fit and Proper Person ":; and recognition of certain "relevant objectives" derived from the Waste Framework Directive.

5.19 Some IPPC activities have previously been subject to prior authorisation via discharge consents under COPA. This controlled the amounts released at the point of discharge, to secure a particular level of environmental quality. While environmental quality is also a key consideration in IPPC, the new regime brings about a significant change in the regulation of such activities. In particular, PPC considers the whole installation, the techniques used and the way the operation is managed. Determining BAT should take into account all the issues raised by PPC, rather than just liquid wastes released.

5.20 Some Part A activities, for example in the intensive livestock and food and drink sectors, may not have previously been subject to any system of prior pollution control authorisation. They will have been subject to other types of environmental legislation that do not involve explicit authorisation regimes. Moreover, good industry practice dictates that they should be aware of the environmental effects of their operations and options to lessen their impacts. Such activities may need a more guiding style of regulation in the first instance, but they will not be subject to lower standards of control.

Guidance for PPC Activities

5.21 In time, a suite of guidance documents for PPC will be produced . This will include guidance on installation design and operation is in accordance with the Regulations for different industry sectors. It will also include guidance covering issues that are generic to many or all types of installations, including for example cooling water systems.

6 APPLICATION PROCEDURE

Requirement for PPC Installations to Obtain Permits

6.1 Any new installation carrying on an activity prescribed in the Regulations must obtain a permit before begins to operate.

6.2 Some new installations (called transitional installations) may already be in operation following successful application made after 31 October 1999 for authorisation, licensing or planning consent. These installations are treated specially within the Regulations. In these cases the operator of the installations will have to apply for a permit within six months of the Regulations coming into force. If an application is made within the transitional time period then the operator may carry on operating the installation as per the existing authorisation, licence or planing consent until these are superseded by a permit. In the event that grant of a permit is refused then the operator must stop the operation until a permit is granted following additional application. Failure to make application within the time period will result in the operator having to stop the operation of the installation until granted a permit.

6.3 Existing installations (see Section 6.14) will become subject to the requirement for a permit in one of three ways. Unless there is a "substantial change" to an installation the Operator normally has to apply for a permit in accordance with a timetable set out in the Regulations. However, by agreement between SEPA and the Operator, an application may be submitted ahead of the timetable. Where a "substantial change" is proposed the Operator have to obtain a permit for part or all of the installation concerned before the change may take place. Existing installations continue to be subject to their previous regulatory regimes and authorisations until their permits come into effect.

6.4 Applications for new permits are required by the Regulations. Schedule 4 to the Regulations sets out the main requirements for the content of applications. Separate, more detailed, guidance on preparing and making an application has been prepared and a copy can be obtained from SEPA on request.

6.5 The Regulations require a site report to be submitted with an application for a permit to operate a Part A installation. The main purpose of the site report is to provide a documented record of the condition of the site prior to operation under PPC. For further guidance on site reports, refer to Appendix I It is important to understand that the intention in the Regulations is not that Operators should simply provide basic technical details of operating methods and levels of releases , leaving SEPA to assess environmental impacts and impose appropriate controls. Rather, the Regulations place the onus on Operators to assess their own impacts, explore options for improvement and make proposals for SEPA's consideration. To receive a permit, Operators should submit applications that are sufficiently detailed and comprehensive to demonstrate that the operation of their installations will meet the requirements of the Regulations.

6.6 Applications should provide all the information needed by the Regulations to allow SEPA to make a determination. Failure to submit sufficient information to satisfy SEPA that the Regulations have been complied with may mean that the application will be returned ( with the fee less any costs incurred by SEPA) as not being "duly made". Even where an application is accepted by SEPA as being "duly made" SEPA may still require further information to determine the application. This may result in delays to the determination as the statutory time period for determining applications is extended by the amount of time it takes to obtain further information. This may include the requirements of other subordinate Regulations, for example the requirements for a prior investigation under the Groundwater Regulations 1998 and the Waste Management Licensing Regulations 1994.

6.7 A fee must accompany the application for the type of installation as specified in SEPA's charging scheme ( copy available on request). If the fee is not submitted with the application SEPA will return it to the Operator as not being "duly made". This could result in unnecessary delays in obtaining a permit. The Operator should also provide, or SEPA may request, other information that may assist in the administrative handling of the application, such as the Operator's billing address.

The Regulations allow SEPA to prepare a standard application form for Part A installations. Such a form has been prepared and should be used. The Regulations also allow for applications to be submitted in electronic format acceptable to SEPA. If an applicant wishes to submit in an electronic format they shoul d contact SEPA prior to making any application for its requirements and permission.

6.8 Operators may also draw upon or attach other sources of information in preparing/submitting applications. This might include, for example, documents relating to an installation's regulation under the Control of Major Accident Hazards (COMAH) Regulations (SI 1999/743), EIA assessments, or the operation of an environmental management system, e.g. ISO 14001 accreditation, EMAS etc. Information from previous regulatory regimes like IPC, LAPC or WML should also be attached to an application where this is pertinent to the operation of the installation. Operators should identify precisely which parts of any attached documents are relevant to their PPC applications and should demonstrate clearly how they relate to specific PPC requirements.

Pre-a- Application Discussions

6.9 Formal applications may be preceded by pre-application discussions between the Operator and SEPA ( and other parties if appropriate). Neither Operators nor SEPA are under any legal obligation to participate in such discussions. However, they may be an appropriate way to address certain issues. For a start, they may clarify whether or not a permit is likely to be required, thus avoiding an application that is not actually needed. SEPA may also use pre-application discussions to give general advice to Operators on how to prepare their applications or direct Operators to relevant guidance.

Timeframe for Obtaining PPC Permits

6.10 The timeframe for the application of the Regulations to any particular installation will depend on whether the installation is "existing" or "new" ( as defined by the Regulations, Schedule 3).

Meaning of "New Installation"

6.11 A "new installation" means an installation put into operation on or after 31 October 1999 other than an existing installation. Therefore, an installation that has applied for approval to operate under a predecessor regime before 31 October 1999, but has not commenced operations by 31 October 2000, must by law be treated as a "new installation" for the purposes of PPC.

Meaning of "Existing Installation"

6.12 An "existing installation" means an installation put into operation:

a) before 31 October 1999, provided that a "relevant authorisation" was granted before that date, or
b) between 31 October 1999 and 31 October 2000, provide that a "relevant authorisation" was applied for before 31 October 1999 in respect of the activities concerned.

6.13 The types of "relevant authorisations" that may have been applied for to qualify as an "existing installation" are :

a) an IPC/LAPC authorisation in the case of a process subject to Part I of EPA 90;
b) a WML in the case of an activity subject to Part II of EPA 90; or
c) planning permission in the case of an activity subject to neither of the above.

Meaning of "Operation"

6.14 Whether or not an installation has been brought into "operation" may be an important factor in dictating whether it is "new" or "existing". For example, if an Operator applied under a predecessor regime before 31 October 1999, then the date on which the installation comes into "operation" is the decisive factor in its classification under PPC. If it comes into operation before 31 October 2000 then it is an "existing installation" for the purposes of PPC, and initially may operate under the terms of the authorisation granted under the predecessor regime. If operation does not commence before 31 October 2000, however, it is a "new installation" and may not start operating until an IPPC permit has been granted.

6.15 The Scottish Ministers consider that "operation" should be taken to involve the installation coming into operation intended for beneficial production. This is significantly more than the first stages of commissioning. As a guide, the following are some examples of installations coming into operation:

a) a large combustion plant - when the design fuel is first fed and burned in the main combustion unit;
b) a chemical works - when a prescribed chemical that is a subject of the permit is first charged to the reactor system;
c) a landfill site - when the first waste is deposited into the landfill;
d) a lime works - when limestone is first fed to the kiln which is at normal operating temperature;
e) an intensive livestock installation - when livestock is first introduced.

The Timetable for New Installations

6.16 For new installations it will generally be appropriate for applications to be made when full designs have been drawn up, but before construction commences, as it is likely that the Operator will be in a position to submit an application that provides all the information needed (including details of installation management and training operational staff) for determination. If, in the course of construction or commissioning, changes are made which require the need for permit conditions to be varied, the Operator should apply for this in the due way.

6.17 The Regulations do not prevent the Operator from proceeding with construction before a permit has been issued or even applied for. However, operation cannot begin without a permit. Therefore, any investment or construction before a permit is issued will be at the Operator's commercial risk. Moreover, any such investment in construction which does not accord with SEPA's judgement of required standards will normally be disregarded in assessing the balance of costs and advantages of alternative options for environmental improvements.

The Transitional Timetable for Existing Installations

6.18 Existing installations will be brought under the Regulations on an industry sector-by-sector basis. The Regulations set out a timetable containing various "relevant periods" for different sectors. These are windows of time within which Operators of existing installation must submit their permit applications.

6.19 The timetable for phasing the Part A installations into the new regime roughly follows the order of production of so-called "BAT Reference " (BREF) notes at the EC level. It also takes into account the need to try and spread the regulatory burden as evenly as possible, and the impact of new legislation and Government policies. As a result some sectors will be phased- in some time after the production of the relevant BREF notes.

6.20 Some of the activities coming under control as a Part A installation will previously have been regulated as IPC processes. Section 6(6) of the EPA 90 requires the permits for such processes to be reviewed at least every four years. As these activities will be phased into the Regulations on a sector-by-sector basis, therefore, the IPC reviews will be delayed where they fall within two years of the implementation date for that sector specified in the Regulations. This will minimise any duplication in reviewing IPC authorisations under IPC and then determining Part A installation permits.

6.21 Operators may submit their applications at any time during the relevant period for their sector. In each time window, early preparation and submission of application is encouraged. This will help to avoid bottle-necks in the regulatory workload at the end of every period, and should also lessen the risk of missing the end of the window available. It is an offence to operate an existing installation once the relevant period has passed if no application has been submitted.

6.22 Where activities from more than one sector are carried out in the same installation, the relevant period for the entire installation will correspond to the earliest of all the periods associated with the activities concerned. For example, an installation may consist of a chemical manufacturing complex ( with a phase- in date of 2003) using electricity from an on-site combustion plant ( with a phase-in date of 2006). The permit will need to be applied for on the first phase-in date, which in this case would be 2003. However, the operator of the installation may apply to SEPA to determine that the relevant period for the installation is not the earliest date but the relevant period for the primary activity of the installation-the most apt rule. In the case above of the chemical-manufacturing complex the most apt description would require an application in 2003.

6.23 If there is more than one Operator for the various activities in the installation, then each Operator should apply for a permit during the same period. This applies to both Operators of Part A activities, who would otherwise have to apply at a later date, and Operators of any non-Part A, but directly associated, activities that form part of the installation.

Permitting of Existing Installations Ahead of the Transitional Timetable

6.24 An Operator may apply for a permit before the relevant period. However, unless a "substantial change" is proposed the Operator must gain the consent of SEPA to do this.

Permitting of Existing Installations in the Case of a "Substantial Change"

6.25 An Operator may not make any "substantial change" to an installation after 31 October 1999 without a permit. In the case of an "existing installation" that has not previously been brought under the Regulations, such a change will therefore require an early application that will be determined through the normal permitting procedure. In some cases, an Operator may already have applied to make the change under a previous regulatory regime. and the operator must apply for a permit for the substantial change within six months of the transition date. The only factor determining whether or not an application is required under the Regulations in such a case is the date on which the change is made. There is no "pipe line" provision corresponding to that contained in the definition of "existing installation", where account is taken of authorisations granted or applications made before 31 October 1999.

6.26 Normally a permit for a substantial change will relate only to the part of the installation affected by the change. The rest of the installation would then need to obtain a permit under the normal timetable. If the Operator and SEPA agree, however, the Operator may apply to bring the whole installation under the Regulations upon a substantial change. In some cases this may in fact be necessary as the consequences of the change may affect the whole installation anyway.

7 CONSULTATION PROCEDURES FOR APPLICATION FOR NEW PERMITS

7.1 "New permits" in this chapter means permits granted to installations whether new or existing when they first come under PPC. The permitting procedure for new permits comprises a number of linked subsidiary processes illustrated in Figure 1.

7.2 There may be up to four types of consultation in respect of applications for new permits. Two of these - consultation with the public and with statutory consultees - will always be required. The other two - consultations with other Member States and with third parties whose land may be affected - depend on the circumstances of the application and any determination.

The purpose of consultation is: :-

a) to inform the public that an application has been made and provide them with access to the application and
b) to provide SEPA with facts and views that it might not otherwise have, to inform the determination.

SEPA will take into consideration any representations made by consultees during the specified time periods. However, this does not preclude SEPA from considering representations received after the formal deadline, and as a matter of good practice SEPA will do this whenever practicable and when the representations are pertinent to the application.

Consultation with the Public

7.3 Public consultation is required in respect of all applications for new permits. This enables the public to raise local or wider issues or concerns about which SEPA might not be aware.

7.4 SEPA must maintain public registers as a requirement of the Regulations. Copies of permit applications, less any information excluded on grounds of national security or commercial confidentiality, must be placed on these registers for public examination. SEPA's aim is to ensure , in particular, that the application is on the public register before it is advertised by the applicant

7.5 The Regulations require the applicant to advertise an application in one or more local newspapers, and in the Edinburgh Gazette. The advertisement must be placed within a window of 28 days. This window begins 14 days after the application is submitted, which allows time for SEPA to check whether the application is duly made. However, in cases where there are claims of national security or commercial confidentiality, the window begins 14 days after the claims are finally determined.

7.6 The advertisement must include details of the applicant, the address of the installation, the activities to be carried out , the register where the application can be examined, and the procedure and timeframe for making representations. Applicants may need to consult with SEPA on certain points, for example to determine what the advertisement should say about the location of the register and the address to which representations should be sent.

7.7 Advertisements must state that any person may make representations in writing to SEPA within 28 days of the date of the advertisement. For reasons of transparency, SEPA asks any person who makes representations via any other medium to also submit their comments in writing.

Consultation with Statutory Consultees

7.8 SEPA must send copies of the application to various statutory consultees. As identified in the Regulations, these are:-

a) Health and Safety Executive in respect of installations on a site where a nuclear site licence is required under Nuclear Installations Act 1965 or a COMAH establishment;
b) the relevant Health Board
c)the Local Authority;
d) Scottish Natural Heritage where the installation may affect a Site of Special Scientific Interest (SSSI) or a European site within the meaning of the Conservation (Natural Habitats) Regulations 1994;
e) the Food Standards Agency
f) the sewerage undertaker where there may be a release into sewer;
g) the harbour authority where there may be a release into a harbour;
h) such other persons as the Scottish Ministers may direct.

7.9 While some statutory consultees are mandatory in all cases, others will depend on the potential effects of the installation. For example, Scottish Natural Heritage or the sewerage undertaker must be consulted only if an SSSI or sewer, respectively, may be affected by emissions. Care needs to be taken here, to ensure there are no omissions in the application as that could lead to an authority being left out of consultation in error. Thus it is important for Operators to provide complete applications, properly identifying any matters of interest to statutory consultees. Operators may therefore wish to consult with prospective statutory consultees directly, or with SEPA, to check they are addressing the relevant issues in preparing applications. SEPA may also request additional information once an application has been received to ensure that the interests of statutory consultees are given the necessary consideration. If there is doubt as to whether an installation could give rise to any matters relevant to a particular statutory consultee, the application will normally be provided to the consultee anyway.

7.10 SEPA must normally provide copies of applications to statutory consultees within 14 days of receipt. However, if an application contains claims for protection of data due to national security or commercial confidentiality, the copies are to be provided within a period of 14 days beginning 14 days after those claims are determined. To limit the circulation of sensitive data, protected information should not be provided to statutory consultees unless it is relevant to their consideration of the application.

7.11 Statutory consultees have 28 days after they are notified of an application to make representations. The purpose of statutory consultation is to access expertise in particular fields which SEPA may lack. Statutory consultees should provide SEPA with appropriate advice for determining the application and setting any permit conditions. This may relate to, for example:

a) the sensitivity of a particular part of the environment in which a statutory consultee has an interest;
b) other local issues including previous experience with the applicant;
c) requirements imposed on the installation under other regulatory regimes which may impact upon the IPPC determination; or
d) Specialist advice on impacts, such as the possible effects of releases on health.

7.12 When a statutory consultee offers relevant advice within its field of expertise, SEPA will normally take account of this and should not normally adopt a different position based on its own judgement. SEPA will also need to weigh and balance the comments of different statutory consultees, other consultees and their technical assessments. SEPA may depart from the advice of individual statutory consultees in the light of this, although they should be able to justify such departures.

Off-site Consultation

7.13 The Regulations provide that a permit may include an "off-site" condition requiring an Operator to carry out works or to do other things in relation to land, which does not form part of the installation. In some cases A third party may own such land .so that the Operator would not, in normal circumstances, be entitled to carry out works. Therefore, the Regulations provide that any person whose consent is required must grant the rights needed to enable the Operator to comply with the permit condition. The Regulations provide that the person granting these rights may be entitled to compensation from the Operator.

7.14 Before SEPA issues a permit containing an off-site condition, it must consult with the owner, leasee, or occupier of the land concerned, or any other person who may need to grant rights in relation to the land. For new permits, the procedure for such consultation is set out in the Regulations. SEPA must serve a notice on the affected parties describing the permit condition in question and the nature of the required works. The notice must also specify the period allowed for representations. This must be at least 28 days. Any representations received within the period allowed must be considered by SEPA.

7.15 The provisions on off-site conditions, consultation and compensation are reproduced from equivalent provision introduced in relation to WML activities by Part II of the EPA 90 and the Waste Management Licences (Consultation and Compensation) Regulations 1999 (SI 1999/481). More detailed guidance on the operation of these provisions in WML has been published by the DETR Guidance on the Waste Management Licences (Consultation and Compensation) Regulations 1999). They are principally intended to be used to monitor the effects of an activity in another person's land, although they could also be used for other purposes. As a general rule, however, most Part A IPPC activities should be capable of being operated such that they do not require any off-site conditions to be imposed.

Transboundary Consultation

7.16 Applications for installations that may affect the territory of other EC Member States are subject to provisions for transboundary consultation. For new permits, the Regulations require the Scottish Ministers to forward a copy of the application to the relevant Member State when a domestic Part A PPC installation is likely to have a significant negative transboundary effect. The Scottish Ministers may act independently in this respect, or upon the advice of SEPA that it has detected a possible transboundary effect. Alternatively, another Member State may request a copy of the application. The application should be provided to the other Member State at the same time as it is advertised for domestic consultation, or as soon as possible thereafter. SEPA must not determine the application until notified by the Scottish Ministers that consultation with other Member States has been completed. Therefore, in such cases the four month period normally allowed to determine an application does not begin until this notice has been received from the Scottish Ministers. The determination of the application must take any representations received from the other Member State into consideration.

8 DETERMINING APPLICATIONS FOR NEW PERMITS

8.1 "New permits" in this chapter means permits granted to installations - whether new or existing - when they first come under IPPC. The permitting procedure for new permits comprises a number of linked subsidiary processes illustrated in Figure 1.

Determination Period for Requests for Additional Information

8.2 An application that is "duly made" normally should be determined within four months of submission. This does not include the time taken by the Operator to respond to any request from SEPA for additional information. A longer period may be agreed between SEPA and the Operator. If the Operator does not agree to a longer period, and the four months pass without a determination, the Operator may notify SEPA that it is treating this as a deemed refusal. The Operator may appeal against this. If the Operator does not treat a non-determination within four months as a deemed refusal, the determination period simply continues until a decision is reached.

8.3 In some instances, applications will be referred to the Scottish Ministers for determination. The normal four-month period does not apply here. The Scottish Ministers will seek to deal with matters promptly, but there is no specific determination timeframe. SEPA will carry out consultation as normal in such cases, but should then forward any representations received to the Scottish Ministers. The Scottish Ministers may choose to arrange a hearing and will do so in any case if requested by SEPA or the Operator. The Scottish Ministers will then give a direction as to whether SEPA shall grant the permit and, if so, what conditions to include in it.

8.4 Additionally, there may be cases where the operation of an installation is likely to have a significant negative effect on the environment of another Member State. In such cases, SEPA should forward the application to the Scottish Ministers who will send it to the other Member State concerned. SEPA may not determine the application until the Scottish Ministers have advised that any bilateral consultations with the other Members States have been completed. The four- month determination period begins only when notification is received. SEPA must take into consideration any representations from the other Member State in making its determination.

New Permits

8.5 Once an application has been accepted as duly made, SEPA must consult on the application as set out in Chapter 7 before determining it. In determining an application SEPA must take account of the following factors:

a) the Operator's application
b) the Operator's management systems and competence:
c) representations from consultees;
d) any special arrangements established for certain types of installations, such as General Binding Rules or "low impact" criteria and,
e) the need to impose, in relation to the environmental performance requirements of the Regulations, permit conditions and an appropriate monitoring programme.

Requests for Additional Information

8.7 Even though SEPA has concluded that an application is duly made, it may still judge that an application contains insufficient information to enable a permit to be granted. In such cases, SEPA may serve a notice on the applicant as outlined in the Regulations. This will specify further information to be provided and time within which this must be submitted. The normal four- month determination period does not include time taken for the Operator to reply. SEPA will consider whether the further information provided merits additional consultation.

8.8 If information requested in this way is not submitted in the time specified, SEPA may notify the applicant that it is treating the application as having been withdrawn. SEPA will act reasonably. Time periods allowed should be sufficient for the information requested. Moreover, failure by the Operator to meet the deadline should not automatically lead to the conclusion that the application has been withdrawn. Rather, SEPA will consider the extent to which the information has been delayed and any reason for this put forward by the Operator.

8.9 If further information supplied to SEPA is still insufficient to provide a satisfactory basis for determination, SEPA may ask the Operator again to make good the deficiencies. SEPA will not determine the application until satisfied with the overall information supplied. SEPA will judge when this moment has been reached based on the facts of each case.

Refusal of the Permit

8.9 SEPA must refuse a permit in certain circumstances. There are three main criteria.

8.10 Firstly, SEPA is to refuse the permit where it considers that the applicant will not be the person who will have control over the operation of the installation or mobile plant concerned after the grant of the permit. This might be the case where:- The Operator for determination of the permit supplies inadequate information, or requests by SEPA for further information have failed.

8.11 Secondly, SEPA must not grant a permit if it considers that the Operator will not comply with the conditions that would be imposed. This might be the case where:

a) there is inadequate management systems or competence to run the installation in accordance with the application or with any other permit conditions that SEPA would impose.
b) the proposed standards of performance outlined by the Operator do not fulfil the requirements of the Regulations or published indicative standards.
c) the environmental impact will be unacceptable. For instance a new installation could be proposed close to an extremely sensitive and valued environment but with no known way to provide adequate control.

8.12 Thirdly, in the case of "specified waste management activities" the Regulations provide two further pre-requisites for the grant of a permit. These are that:

a) the applicant satisfies the requirements for "Fit and Proper Person".
b) if required, the proposed activities must have planning permission under the Town and Country Planning (Scotland) Act 1997. A "certificate of lawful use or development" or an "established use certificate" will be treated as planning permission in this respect.

Grant of Permit with Conditions

8.13 SEPA will grant a permit unless the application is refused or withdrawn. When determining the conditions of a permit, SEPA shall take account of the general principles:

• All the appropriate preventative measures are taken against pollution, in particular through the application of BAT.
• No significant pollution is caused.
• Waste production in accordance with the Waste Framework Directive, and where waste is produced it is recovered or, where it is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment.
• Energy is used efficiently.
• The necessary measures are taken to prevent accidents and limit their consequences.
• Upon definitive cessation of activities in the installation, the necessary measures should be taken to avoid any pollution risk and to return the installation to a state where ground contamination is not significantly worse than it was when the permit was granted.

8.14 The Regulations set out the specific requirements for the contents of permits. The inclusion of conditions on certain issues is mandatory. In summary , SEPA will impose those conditions that it believes to be appropriate, based on BAT, taking into account the characteristics of the installation and the local environment.

Permits must include the following conditions :-

• Showing ELVs for individual pollutants or groups, in particular those listed in the appropriate Schedule (Schedule 5) to the Regulations. (Compliance with an EQS may require stricter conditions and ELVs may be supplemented or replaced by equivalent parameters or technical measures).
• Aimed at minimising long distance and transboundary pollution.
• Ensuring protection of soil and groundwater and appropriate waste management.
• Avoiding risks to the environment during periods when the installation is not operating normally, for example during start up, malfunction, leaks or temporary stoppages.
• Requiring appropriate steps to be taken prior to operation. These may include, for example, controls on the adequacy of construction before the installation begins operating, such as via independent quality assurance of parts of the installation which become inaccessible like landfill site liners. They may also include remediation and post-cessation monitoring conditions.
• Setting out monitoring of emissions to be undertaken by the Operator, specifying the methodology, frequency and evaluation procedures, and requiring the submission of reports to SEPA which are adequate to check compliance with the permit.
• Requiring the Operator to inform SEPA without delay of any incident or accident that may cause pollution.

Additional conditions, which can be imposed at the discretion of SEPA, are:-

• Off site conditions, the setting of which will give rise to special consultation requirements.,
• Limits on the amount or composition of any substance produced or utilised in the installation, or any other supplemental or incidental conditions. Such conditions should of course be relevant to the objectives of IPPC,.
• Any conditions needed to reflect the requirements of certain other pieces of legislation, for example those setting maximum permissible release levels.

8.15 All permits also contain an implied condition requiring the installation to operate in accordance with BAT, although this does not apply to any aspect of the operation of the installation covered by explicit permit conditions.

8.16 If a permit authorises any activity involving the disposal or recovery of waste, SEPA will ensure that the permit conditions are sufficient to implement the "relevant objectives" of the Waste Framework Directive.

Competence

8.17 The Regulations place a strong emphasis on the existence of appropriate and effective systems of management for installations to ensure a high level of protection of the environment. SEPA will consider the competence of the Operator and other aspects of the management of the installation as they determine applications and permit conditions.

8.18 The Regulations provides that SEPA must not issue a permit if it considers that the Operator will not operate the installation in compliance with the conditions that would be imposed. This applies to all IPPC activities, including "specified waste management activities".

8.19 The main considerations that might lead SEPA to conclude that permit conditions would not be compiled with, and thus to refuse a permit, are that:

a) the operational responsibility for activities to be undertaken in the installation is unclear or inadequate;
b) the installation is not operated under a management system adequate for the purposes of ensuring compliance;
c) the Operator's technical competence is inadequate;
d) the Operator does not have access to sufficient resources (human or financial);
e) the Operator has a poor record of compliance with previous regulatory requirements.

8.20 When a "specified waste management activity" is carried on within a Part A installation, the Regulations provide that SEPA must not grant a permit unless satisfied that the applicant is a "Fit and Proper Person" (FAPP). The test for determining whether or not a person is a FAPP is set out in the Regulations, and includes three main criteria

a) whether the person or any other relevant person has been convicted of an offence prescribed under Section 74(6) of the EPA 90 for the purposes of Section 74(3)(a) of that Act;
b) whether the person responsible for managing the activity is technically competent as prescribed under the relevant Sections of the EPA 1990 Act;
c) whether the person who holds, or is to hold, the permit has made, or intends or is in a position to make, financial provision adequate for discharging the obligations that might arise from the permit in relation to the waste activity.

8.21 The FAPP provisions have been carried over from equivalent provisions introduced in relation to WML by Part II of the EPA 1990 and the Waste Management Licensing Regulations 1994, on which more detailed guidance has been published in WMP4.

Types of Permit

8.22 All installations containing one or more Part A activities must obtain a permit. In general terms, any application should be processed and any resulting permit issued in accordance with the provisions of the Regulations. However, the precise procedure may vary depending on the nature of the installation and the sector in which it operates. The Scottish Ministers wish to see a proportionate approach to the application of the Regulations, with effort devoted to those areas where it will make the most difference. There are two possibilities for processing and determining applications.

a) regulation via General Binding rules (GBRs): and
b) regulation via a "normal" site-specific determination with use of "standard permit conditions" as appropriate.

General Binding Rules

8.23 Article 9(8) of the Directive allows Member States to prescribe certain requirements for certain categories of installations in "General Binding Rules" (GBRs) instead of individual permit conditions. The Act provides for such GBRs to be made. The precise way in which any such rules would be applied, and the sector(s) to which they would relate, would depend on the legislation that introduced them. In general, however, GBRs would normally establish a fixed set of conditions to be applied, without further detailed consideration, to the relevant installations or parts of installations. Operators should therefore check whether any GBRs relevant to their installations have been established before producing applications. Where this is so, a simplified procedure may be used based around an application to operate in accordance with the GBRs.

8.24 SEPA will consider the scope for developing GBRs as an alternative to producing sectoral guidance for PPC industry sectors. The main possibility is that GBRs might be used for sectors in which installations show a low degree of complexity and a high degree of commonality. However, some GBRs could be cross-sectional, setting conditions that would apply to most if not all installations.

Site Specific Determinations

8.25 Installations that do not qualify for regulation under GBRs will be subject to site-specific determination of applications. This may involve "standard permit conditions" or a more bespoke approach to permitting, or a combination of the two. Standard permit conditions will be set out as indicative requirements in guidance notes. They will indicate the standards of performance that should normally be expected from an installation in the sector concerned, and from which any deviation should be justified. However, this approach will only be practicable for sectors that are relatively homogeneous. This approach will not work where variations in plant and operations make it impossible to identify reasonable indicative requirements for a sector or sub-sector. Permit conditions for such installations will need to be established on a case-by-case basis.

Basis for Appeals

8.26 The applicant has the right to appeal to the Scottish Ministers if the permit is refused (including deemed refusals) or if the applicant is dissatisfied with the conditions imposed. If SEPA treats the application as withdrawn because the Operator has not provided further information requested in the time allowed, there is no right of appeal. In this case, the Operator will have to make a fresh application if a permit is still required.

Determination by the Scottish Ministers

8.27 The Scottish Ministers may give directions to SEPA requiring any particular application or class of application be sent to him for determination. The Operator is to be informed if this is the case. Once the Scottish Ministers have determined the application, they will give directions to SEPA as to whether or not a permit should be issued, and the conditions a permit should contain. In the case of applications not determined by them, the Scottish Ministers may still give directions to SEPA as described in the Regulations. These may specify conditions to be contained in all permits, permits of specified description ( for example, across a particular sector) or any particular permit.