Scottish Executive Environment Group
Policy Priorities Relevant to the Scottish Environment Protection Agency
October 2004
Paper 2004/13
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CONTACT
Sam Anwar
SEPA Sponsorship and Waste Division
Area 1-J (North)
Victoria Quay
EDINBURGH
EH6 6QQ
Email: sam.anwar@scotland.gsi.gov.uk
Tel: 0131 244 4966
Fax: 0131 244 0245
CONTENTS
Introduction
Water Environment
Air Quality and Global Atmosphere
Waste Minimisation and Management
Land Quality
Radioactive Substances
Protecting, Informing and Engaging Communities
Accountability, Efficiency and Financial Management
References
INTRODUCTION
This paper summarises policies and priorities of the Scottish Executive, which, together with the specific provisions in SEPA's Management Statement i, Financial Memorandum ii and SEPA's statutory powers and duties, form the main elements of the policy framework for SEPA's activities.
This paper identifies Scottish Executive policies and priorities that are relevant to SEPA and defines SEPA's role in implementing these. Many of the priorities in this paper are drawn from, or link to, the top-level policy framework set by A Partnership for a Better Scotlandiii. In some areas, the Executive has set measurable targets based on partnership agreement commitments or requirements set out in legislation. However, for the most part, the paper does not seek to quantify the performance targets. The corporate planning process allows SEPA to match resources to priorities and propose quantified targets for approval by the Scottish Ministers.
The priorities set out here should be considered in the context of SEPA's aim and key objectives as defined in the Management Statement i. As stated at paragraph 2.2.2 of the Management Statement, the Scottish Executive expects to see the priorities set out here reflected in SEPA's corporate plan. Some will translate directly into corporate plan targets; others are more suited for consideration as part of business plans.
The statements on SEPA's role are not intended to be exhaustive, but rather to highlight the main activities that the Executive sees as contributing to the desired outcome. These priorities tend to focus on statutory requirements including regulatory duties, action planning, monitoring and data collection. In a number of areas, it will also be appropriate for SEPA to use other tools such as advising, influencing and informing in pursuit of the high level outcome goals, but this must not be at the expense of complying with legislation.
The development of robust processes will be an essential component of SEPA's strategy to meet Ministers' priorities. Stakeholder engagement will play a critical part in SEPA's future delivery plans, and the development of sound stakeholder relationships should be high on SEPA's agenda. Efficiency and transparency in all aspects of SEPA's delivery programme will help foster these relationships.
There is no significance to the order in which the priorities are listed.
This paper does not remove the need for continued close liaison between SEPA and the Executive about policy development, business planning and the promotion of environmental improvement. Examples of areas where this is particularly important include expert input by SEPA to the development of new legislation, co-ordination of initiatives to protect or improve the environment, and the planning of environmental monitoring and assessment by SEPA in order to enable the fulfilment of the Executive's EC and international obligations.
STRATEGIC POLICY FRAMEWORK
SEPA's primary purpose as an environmental regulator is to control emissions to water, land and air and to monitor the quality of Scotland's environment to ensure that licence conditions do protect and improve the environment and human health. SEPA carries out this role within an overarching statutory and policy framework which influences all and directly affects some of SEPA's activities.
Sustainable Development
The statutory guidance on sustainable development issued to SEPA iv by Scottish Ministers sets out the contribution to sustainable development that it should aim to make through performance of its functions. That guidance sets the context in which the priorities outlined in this paper should be pursued. The sustainable development theme to Scottish Executive policy is reinforced by the partnership agreement. SEPA can play a significant role in integrating environmental considerations into wider policy. For example, SEPA's input into the Scottish Executive's Green Jobs strategy will provide the opportunity for SEPA to advise on development needs - from diagnostic and pollution control equipment research, commercialisation, manufacture and licensing to awareness, university and college courses, staff needs, workforce training and development.
Environmental Justice
The statutory guidance on sustainable development also sets out the role that SEPA can play in the pursuit of environmental justice. Environmental justice entails addressing inequitable distributions of environmental burdens and ensuring that communities have access to the information and mechanisms needed to participate in decisions affecting the quality of the environments in which they live. By assessing environmental impacts in such a way as to take account of the cumulative effects of development, the interests of more vulnerable communities, the psycho-social pressures on local people and the broad range of ways in which environmental quality can affect quality of life, SEPA can uphold the principles of environmental justice. SEPA has a regulatory duty to assess and understand the impact of emissions on human health, including impact on quality of life, and take action to minimise such impacts within the framework established by legislation.
The UK is a signatory to the Aarhus Convention on environmental information, public participation in environmental decision-making and access to justice in environmental matters. SEPAs provision of a comprehensive on-line pollution inventory meets Aarhus commitments on openness in information provision, but there is scope for SEPA to contribute further to achieving environmental justice through other innovative means of making environmental information accessible and engaging the public and listening to their concerns.
Climate Change
Climate change is widely recognised as the world's most serious environmental threat and SEPA have a specific role in contributing to the Executive's response, as outlined in the section on Air Quality and Global Atmosphere. In addition, SEPA has a wider role in helping to deliver Scottish Ministers' commitment to tackle climate change. This is an area where the advising, influencing and informing role mentioned above might be put to good use and the Executive will consult SEPA about this during the review of the Scottish Climate Change Programme later this year. SEPA is also making efforts to save energy in order to cut greenhouse gas emissions from its own activities. In this respect, it set a target to reduce its 1998-99 levels of CO 2 emissions by 20% by 2010 and will aim to achieve certification to the EMS Standard ISO14001 by June 2005.
Strategic Environmental Assessment
SEPA are required to play a role in the operation of the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 (SEA) and are also subject to them in relation to certain of their own plans and programmes. They must respond with suitably detailed opinions, within fixed time periods, to the screening and scoping stages of the SEA process and may also play a role at the public consultation and monitoring stage. The data provision role already carried out by SEPA will further be required in relation to SEA.
Sustainable Flood Management
SEPA are required to promote sustainable flood management in the discharge of their relevant functions taking full account of any Regulations and guidance as may be issued by Scottish Ministers.
Chemicals Management
SEPA is required to regulate and promote the environmentally safe use of chemicals in Scotland. In doing so, SEPA should focus on chemicals which are subject to legislative restrictions and that may directly affect the environment or human health through environmental exposure. SEPA should direct its activities to the point in the life cycle of those chemicals where management and monitoring can be best achieved.
WATER ENVIRONMENT
Outcome: Improvement , maintenance and restoration of all water environments.
Protecting the Water Environment
Scottish Executive Target: Maintain and improve the quality of rivers, estuarine waters, coastal waters, groundwater and wetlands. Compliance with EC bathing water standards v. Compliance with statutory water quality standards for ground waters vi, shellfish waters vii and fresh waters for fish viii. Ensure compliance with EC requirements through the development and implementation of improvement programmes for designated or polluted waters.
SEPA Role: SEPA is responsible for establishing, implementing and reviewing programmes to protect and improve the water environment and achieve statutory quality objectives. This requires targeted action to identify and remedy problems as well as effective policing in relation to activities and incidents which may damage the water environment. The targeted approach involves identification and prioritisation of waters in need of protection or improvement, assessments to establish pollution sources and proactive engagement with stakeholders (eg industry, farmers and other public sector agencies) to implement improvement programmes and take regulatory action where appropriate. SEPA in co-operation with the Executive and other stakeholders should help develop guidance, such as Codes of Practice, and help promote it to operators in the industries concerned.
There are specific targets and obligations under:
the Water Framework Directive x;
the Bathing Waters Directive v;
the Urban Waste Water Treatment Directive xi;
the Dangerous Substances Directive xii;
the Groundwater Directive vi;
the Nitrates Directive xiii;
the Freshwater Fish waters Directive viii;
the Shellfish Waters Directive vii;,
the Surface Water Abstraction Directive ix;, and
the Standardised Reporting Directive xiv.
Targeted improvement programmes for bathing water catchments, to implement the Bathing Waters Strategy, and for shellfish waters should be particular priorities. The Bathing Waters Strategy xv aims to achieve mandatory standards at all the 60 designated sites monitored under the Bathing Waters Directive v.
The Scottish Executive's priorities for sustainable development in Scotland, as set out in Meeting the Needsxvi, reflects SEPA's target to reduce the lengths of C (poor) and D (seriously polluted) class rivers by 351 km between 1999 and 2006. The target is to reduce the lengths of C (poor) and D (seriously polluted) class coastal waters by 145km over the same period.
Management of the Water Environment
Scottish Executive Target: To secure effective control of all forms of water pollution. Implement the EC Water Framework Directive x and domestic policy commitments to protect the water environment iii. Introduce new control regimes over abstraction, impoundment and river engineering, as required under the Water Environment and Water Services (WEWS) Act xvii and the Water Framework Directive x (WFD), and complete river basin management plans by 2009.
SEPA Role: Action to ensure that pollution is minimised through reduction programmes, technical guidance and regulatory action. SEPA's actions will include:
the issuing and monitoring of consents and authorisations of discharges;,
the provision of guidance on the handling and storage of polluting materials and on structures and processes;, and
the issuing of advice and warnings to those involved in activities that may give rise to pollution.
Where non-compliance or a risk of pollution which requires intervention is detected, SEPA should undertake investigative studies, increasing monitoring if necessary, identify the significant sources of pollution, and develop improvement plans to achieve compliance, which will include enforcement action as appropriate.
Action to prepare for the implementation of the new control regimes on abstraction, impoundment and river engineering. SEPA's actions will include:
providing technical advice to the Executive;
responding to consultations on new abstractions, impoundments and engineering proposals ensuring that WFD considerations are taken into account;
contributing to the development of drought plans;
the development of guidance and procedures to implement the new regimes; and
the promotion of participation of stakeholders in the development of the new regimes; and
ensuring that regulated sectors are prepared for the new regimes.
SEPA will also prepare for and carry out its duties as lead authority in the river basin planning process. This will involve ensuring there is active involvement and participation of external stakeholders (in the public, private and voluntary sectors) in the process. SEPA will produce the first river basin plan(s) for Scotland to enable them to be approved by December 2009.
SEPA will work with the Scottish Executive to determine targets/milestones for achieving compliance with the various Directives. It should report its progress in relation to these targets/milestones to the Executive annually.
A prime objective in protecting and improving land and water quality is the maintenance and enhancement of habitats for wildlife. SEPA will continue its contribution to the Scottish Biodiversity Forum and the further development of the Strategy and implementation plans. SEPA will assist in monitoring and delivering the actions and outcomes identified in the UK Species and Habitats Action Plans relevant to Scotland.
Monitoring and assessment of the water environment
Scottish Executive Target: Extension of the water quality monitoring network by 15% from the 2000-01 baseline, including improvements in groundwater monitoring, by 2006 vi. Characterise and complete a pressures and impacts report on the state of Scotland's water environment by the end of 2004 as required by the Water Environment and Water Services Act xvii and the Water Framework Directive x.
SEPA Role: SEPA has the key role in monitoring and assessment of the quality of wetlands, surface, coastal, estuarine and ground waters. Through this activity, it should aim to secure thorough and representative monitoring and assessment of the water environment to underpin targeted action to secure its protection and improvement and to ensure compliance with EC and international obligations. SEPA will also take the lead on the characterisation, human impacts review and economic analysis of Scotland's river basin districts.
SEPA's role includes ensuring that it has in place a strategic monitoring network, which is representative of the state of these waters and meets the needs of Directives and regulations. In 2003 SEPA reported on the water quality of 19,500 km of the 25,400 km of river length in Scotland. The network should provide a firm foundation for the targeting of SEPA's actions to assess, predict, protect and improve water quality. It should ensure that relevant parameters are assessed at sufficient frequency for statutory reporting and assessment.
SEPA should assist in achieving full compliance with the requirements of EC and domestic legislation and OSPAR xviii commitments for representative monitoring of the water environment, especially designated waters (such as bathing and shellfish waters), as regards the presence of pollutants, eutrophication parameters etc. It should provide a robust basis for periodic reviews of the designation status of areas of the water environment required, for example, under the EC Urban Waste Water Treatment Directive xi, the Nitrates Directive xiii and OSPAR xviii.
SEPA's role includes ensuring that it has the capacity to provide expert advice to the Executive on the condition of the water environment, including the ability to analyse and balance social, economic and environmental priorities as required under WFD x/WEWS xvii. This will inform the designating of waters under existing, new and proposed Directives. SEPA should liaise closely with the Executive about the planning of the necessary environmental assessment and research. Where appropriate, SEPA should carry out such work in collaboration with others (e.g. Scottish Executive Fisheries Research Services).
AIR QUALITY AND GLOBAL ATMOSPHERE
Outcome: Good air quality. Effective action to tackle climate change and ozone depletion.
Airborne Pollution
Scottish Executive Target: Minimise emissions of harmful pollutants to the air, which is key to human health. Reduce emissions of key pollutants from regulated processes in line with the objectives of the Air Quality Strategy xix. Reduction in the pollutant intensity of large combustion plants and compliance with the Large Combustion Plants Directive xx. Work within the UK strategy with a view to meeting by 2010 the targets in the National Emissions Ceilings Directive xxi.
SEPA Role: SEPA has a duty to regulate emissions from industrial facilities and processes in line with statutory requirements, to prevent harm to the environment and human health. Regulatory action should be based on application of Best Available Techniques (BAT) within a local context and taking account of costs and benefits. Particular attention should be given to controlling and reducing emissions that may impact on local air quality or the well-being of local communities.
SEPA should take targeted and proportionate regulatory action, based on an understanding of the relative importance of emissions from various sources, to reduce emissions of key pollutants in line with the requirements/objectives of the Air Quality Strategy xix, the relevant EU Air Quality Daughter Directives, the Large Combustion Plants Directive (LCPD) xx and the National Emissions Ceilings Directive (NECD) xxi.
All relevant installations must be permitted under the PPC regime xxii in accordance with the timetable set out in regulations between 2001 and 2007. SEPA will introduce controls on solvents emissions and waste incineration in line with the requirements of relevant regulations xxiii and directions. SEPA, in co-ordination with the Environment Agency and the Environment and Heritage Service of Northern Ireland, will develop guidance setting out the standards that regulated plants will be expected to operate to. This should support consistent implementation and provide guidance for operators. This will not affect SEPA's ability to take account of local circumstances in determining BAT or permit conditions.
SEPA also has responsibility for authorising petrol stations and terminals under PPC Part B by the relevant deadlines to control emissions of volatile organic compounds resulting from the storage and distribution of petrol, and assists in the sampling of the sulphur content of gas oil and heavy fuel oil. Such action is required as part of the measures to help deliver compliance with directly related Petrol Vapour Recovery xxiv and Sulphur Content of Liquid Fuels xxv EC Directives, as well as the wider requirements of NECD xxi and LCPD xx.
Local Air Quality
Scottish Executive Target: To work towards the air quality objectives set out in the Air Quality Strategy xix and comply with EC limit values. To ensure the contribution of emissions from regulated processes in Air Quality Management Areas (AQMAs) is minimised, especially where any AQMA is partly or wholly declared in relation to such emissions.
The Scottish Executive has set a target in "Meeting the Needs" xvi to reduce the number of Air Quality Management Areas in Scotland to one by 2010. The objectives and number of pollutants in the Air Quality Strategy is subject to review with the likelihood that there will be tightening and expansion respectively over time, which may lead to an increase in the number of AQMA designations over the short to medium term. It is still expected that the number of AQMAs will decrease in the longer term as action plans start to take effect.
SEPA role: SEPA will be asked to maintain its links with local authorities and to advise and comment as necessary on air quality reviews and assessments and action plans produced by authorities as part of their Local Air Quality Management (LAQM) responsibilities. SEPA is a statutory consultee in the LAQM process and has reserve powers, acting with the approval of the Scottish Ministers, to give directions to any local authority that fails to discharge its LAQM duties. Effective control of authorised industrial processes by SEPA should contribute to the overall management of air quality in local authority areas. However, for many local authorities the principal air emissions are not industry-based and in these circumstances SEPA will have more of an advisory role. Where a local authority has declared, either wholly or partly, an AQMA, SEPA will introduce, when appropriate, measures on regulated processes in line with achieving the relevant air quality objectives.
Climate Change and Greenhouse Gases
Scottish Executive Target: make an equitable contribution to UK Kyoto xxvi greenhouse gas reduction commitments by 2008-2012 and the domestic goal of 20% reduction in 1990 levels of CO 2 by 2010.
SEPA Role: For PPC installations, SEPA is required to take energy efficiency into account in setting permit conditions.
SEPA will play a major role in Scottish implementation of the EU Emissions Trading Scheme to be introduced in 2005 xxvii. SEPA will regulate the scheme in Scotland.
SEPA will provide expert advice to the Executive to feed into negotiations on a new EC Directive on Fluorinated Greenhouse Gases. Any regulatory or enforcement role arising from the Directive will be subject to further discussion.
SEPA also has a general role of providing expert advice on climate change issues to the Executive.
Ozone-Depleting Substances
Scottish Executive Target: To reduce and eventually eliminate emissions of man-made ozone-depleting substances. Minimising emissions of ozone-depleting substances from regulated processes.
SEPA Role: Enforcement activities arising from the implementation of the Ozone-Depleting Substances Regulations 2002 xxviii.
Monitoring and assessment of air quality
Scottish Executive Target: to work towards the air quality objectives set out in the Air Quality Strategy and comply with EU Limit Values. To help assess progress towards these targets, Defra manages a network of automatic and non-automatic monitoring sites throughout the UK on behalf of the Executive and the other devolved administrations. There are 11 automatic sites in Scotland, 8 urban and 3 rural.
SEPA Role: SEPA has a role in monitoring and assessment of air quality so it can take action using a risk-based approach and monitor changes in the environment. Where appropriate, SEPA should carry out such work in collaboration with others (e.g. local authorities).
WASTE MINIMISATION AND MANAGEMENT
Outcome: Minimisation and sustainable management of waste.
Sustainable Waste Management
Scottish Executive Target: Ensure progress towards sustainable management of Scotland's waste and achievement of EU landfill reduction targets by 2010, 2013 and 2020 xxix. Increase the amount of waste collected by local authorities which is recycled or composted to 25% by 2006 and 55% by 2020 iii,xxx,xxxi. Reduce landfilling of biodegradable waste collected by local authorities to 1.5 million tonnes by 2006. Reduce growth in household waste arisings to zero by 2010.
SEPA role: SEPA plays a major role in helping to implement Scotland's National Waste Plan, published in 2003. Key priorities for SEPA are to monitor, through quarterly statistical returns and the annual Local Authority Waste Arisings Survey, local authority recycling and composting rates and the amount of Biodegradable Municipal Waste (BMW) sent to landfill; to support the Executive in providing the necessary information to DEFRA for UK compliance with the EU Waste Data Regulation; the establishment of a monitoring and audit system under the Landfill Allowance to reduce the amount of BMW sent to landfill; assisting the Executive in relation to strategic reviews on joint working by local authorities to meet the EU Landfill Directive targets to divert BMW from landfill; checking that bids to the Strategic Waste Fund (a specific grant which provides resources to authorities to improve recycling facilities, minimise waste and divert waste from landfill) are in line with the Best Practicable Environmental Option; prepare, with the Scottish Executive, a Waste Prevention Action Plan and a Framework for the Sustainable Management of Non-Municipal Waste, for publication by the end of 2004; carry out a statistical survey on non-municipal waste by the end of 2004/05; advise the Executive on Integrated Waste Management Plans put forward by local authorities during 2005; carry out its functions as a statutory consultee in land-use planning applications.
Waste Regulation
Scottish Executive Target: To ensure that waste is treated and disposed of without harm to human health or the environment.
Role of SEPA: Exercise of SEPA's current statutory functions to ensure that waste is managed with no unacceptable risk to human health or the environment, through provision of guidance and setting, monitoring and enforcing waste management licence conditions and standards, and to comply with EC and domestic legislation. SEPA has taken on or will take on additional regulatory functions arising from the implementation of the Landfill (Scotland) Direction 2002, the Landfill (Scotland) Regulations 2003 xxxii and Special Waste Amendment Regulations (Scotland) 2004 xxxiii, and changes to waste management license exemptions xxxiv, and regulations to bring agricultural waste under the licensing regime. SEPA will, in addition, regulate the treatment and disposal of sewage sludge. It also has a role to provide technical advice to the Executive on draft EC and domestic legislation.
Producer Responsibility
Scottish Executive Target: Ensure mandatory recovery, recycling and reuse targets contained in the Packaging Waste Directive xxxv and the End of Life Vehicle Directive are met. To develop effective implementation models to achieve targets in the Waste Electrical and Electronic Equipment Directive and other subsequent producer responsibility directives. Ensure that other environmental and economic objectives contained in existing and imminent producer responsibility legislation are met.
SEPA Role: Implementation of, and enforcement of compliance with, the Packaging Waste Regulations xxxvi and End of Life Vehicle Regulations. Technical advice to the Executive on draft EC and domestic producer responsibility legislation (e.g. the draft Batteries Directive, draft Waste Electrical and Electronic Equipment (WEEE) Regulations and Guidance). Prepare for implementation of WEEE. Providing guidance and registering firms as Approved Treatment Facilities under ELV and WEEE.
LAND QUALITY
Outcome: Good land quality.
Atmospheric Deposition
Scottish Executive Target: To reduce the area of land where atmospheric deposition of pollutants leads to critical loads for acidification and eutrophication being exceeded.
SEPA Role: To use the relevant statutory mechanisms, under PPC xxii, NECD xxi and LCPD xx to bring about a reduction of pollutant emissions from regulated sources in order to reduce the emission of acidifying and eutrophying pollutants.
A prime objective in protecting land quality is the maintenance and enhancement of terrestrial and aquatic habitats. Understanding the influence of atmospheric deposition on Natura 2000 sites and the emissions from SEPA regulated sites in particular, is of relevance. SEPA will continue its contribution to the Scottish Biodiversity Forum and the further development of the Strategy and implementation plans. SEPA will assist in monitoring and delivering the actions and outcomes identified in the UK Species and Habitats Action Plans relevant to Scotland.
Diffuse Pollution
Scottish Executive Target: Reduce the prevalence of waters classified as poor or seriously polluted as a result of diffuse pollution; specifically by working with Agricultural Staff to identify and minimise agricultural pollution and taking action to ensure that farmers meet their statutory obligations under cross-compliance.
SEPA Role: SEPA will continue to take a leading role with respect to diffuse pollution, particularly through initiatives, participating in research and environmental improvement plans. This will be in relation to both agricultural and urban diffuse pollution impacts and should aim to co-ordinate action to reduce such pollution. SEPA will provide technical support for the development of the WEWS diffuse pollution control regime. SEPA will help develop and publicise guidance on Best Management Practices in farming, together with the PEPFAA Code xxxvii and the Four Point Plan xxxviii. SEPA takes part in the Sustainable Urban Drainage Systems (SUDS) Working Party and promotes the use of SUDS techniques to minimise pollution in a variety of settings, including roads, retail, and residential development. The way land is managed and used is also important in protecting land air and water quality. CAP reform and the operation of cross-compliance and meeting of "good agricultural and environmental condition" will also be of direct interest to SEPA in relation to diffuse pollution and soil, water and habitat protection from January 2005. The emerging concept of land management contracts to be phased in from 2005 onwards will also be of direct interest to SEPA in delivering environmental improvement at an individual farm and collaborative level.
Organic Waste to Land
Scottish Executive Target: Ensure that organic waste is spread, or else deposited, on to land only through genuine recovery operations which are carried out in ways which provide protection of the environment and human health xxxiv.
SEPA Role: SEPA should have in place a programme which ensures that the provisions of the Waste Management Licensing Regulations 1994, as amended by the Waste Management Licensing Amendment (Scotland) Regulations 2003 xxxiv and 2004 xlviii are applied effectively and appropriately. SEPA will input to the development of guidance, such as the PEPFAA xxxvii and Sludge Codes, and will promote good practice. SEPA will develop its data system to enable reporting of the use of organic waste to land under exemption. SEPA will, in addition, regulate the treatment and use of sewage sludge. SEPA will provide technical advice on the development of EU soils policy and legislation, such as the proposed Sludge and Biowaste Directives.
Contaminated Land
Scottish Executive Target: Bring about remediation of historically contaminated land meeting the criteria in Part IIA of EPA 90 xxxix and ensure that other land affected by historic contamination is made suitable for any intended future use through the land use planning system.
SEPA Role: To bring about remediation of special sites, as defined in the Contaminated Land (Scotland) Regulations 2000, in a timely manner, once they have been identified by local authorities. The aim should be to make the responsible persons liable for the costs of remediation. Where the polluter cannot be traced or cannot be made to pay for remediation for reasons of hardship, timescales will be dependent on the availability of funding.
SEPA will have a role in providing central guidance to local authorities on pollution of the water environment and will work with local authorities to achieve a consistent approach, matched to local circumstances and pressures. SEPA will also maintain a publicly accessible national register of special sites.
SEPA will work to prevent future land contamination through its regulatory, influencing and advisory roles in partnership with local authorities, industry and others. SEPA will regulate emissions, discharges and releases from industrial facilities in line with statutory requirements such that land quality is protected, maintained or restored. For PPC installations this should mean no deterioration in land quality at surrender of permit.
Monitoring and assessment of land quality
SEPA Role: SEPA has a role in monitoring and assessment of land quality so it can take action using a risk-based approach and monitor changes in the environment. Where appropriate, SEPA should carry out such work in collaboration with other organisations and specialists (e.g. the Macaulay Institute, British Geological Survey, Forestry Commission, SAC, SNH and local authorities). SEPA will also contribute to the development of quality indicators for land and soil that are appropriate to Scottish circumstances. SEPA should develop its own soil monitoring and reporting proposals in relation to its statutory duties and responsibilities.
RADIOACTIVE SUBSTANCES
Outcome: Protection of the public and the environment from ionising radiation.
Radioactivity in the Environment
Scottish Executive Target: Determine general levels of radioactivity in the environment, and assess the impact of ionising radiation on the public and the environment.
SEPA Role: SEPA should have in place a regular programme of environmental monitoring, both generally and in support of authorisations granted under Section 13 of the Radioactive Substances Act 1993 xli to discharge radioactive waste, and regularly agree its programme of monitoring with FSA and the Scottish Executive. SEPA will publish an annual report on levels of radioactivity in the Scottish environment, and report on resultant realistic doses to members of the Scottish population. SEPA also has responsibility for making relevant returns of data collected for the purpose of Article 35 of the Euratom Treaty xl.
Regulation of the use of Radioactive Materials and of the Accumulation and Disposal of Radioactive Wastes
Scottish Executive Target: All exposures to ionising radiation of any member of the public and of the population as a whole resulting from the disposal of radioactive waste to be kept as low as reasonably achievable (ALARA), economic and social factors being taken into account. The sum of the doses resulting from the exposure of any member of the public to ionising radiation should not exceed the dose limits set out in the Radioactive Substances (Basic Safety Standards) (Scotland) Direction 2000.
SEPA Role: SEPA has responsibility for ensuring that the provisions of the Radioactive Substances Act 1993 xli are applied fairly and consistently. It will consult with Scottish Ministers on authorisations for the discharge of radioactive waste from licensed nuclear sites, and have regard to advice and guidance issued by the Scottish Executive. Nuclear site authorisations will be reviewed on a 5-yearly basis, or when considered by SEPA to be appropriate although, in practice, this will be at least every 5 years. It will provide a regulatory perspective to the development of primary and secondary legislation, on implementation of the Energy Act 2004 and the further transposition of the Basic Safety Standards Directive. SEPA will keep abreast of developments such as the Environmental Action Programme being co-ordinated through the Euratom Treaty and the development of other criteria for the protection of non-human species and the environment from ionising radiation. SEPA will also take account of the UK Strategy for Radioactive Discharges 2001-2020, the Water Framework Directive x and related UK and EC legislation when undertaking its regulatory role, and will participate in any review of the UK Strategy.
SEPA will gather information on actual levels of radioactivity in produced water from North Sea installations and consider what regulatory action may be required to ensure the environment is appropriately protected.
Radioactive Waste Management
Scottish Executive Target: To ensure radioactive wastes are strictly controlled and managed.
SEPA Role: To provide expert advice to the Executive on the formulation of policy on radioactive waste management and work with the Nuclear Installations Inspectorate to provide co-ordinated regulation, in particular on the creation of the new Nuclear Decommissioning Authority and the work of the Committee on Radioactive Waste Management. SEPA will assist the Scottish Executive with the technical assessment of General Data as called for under Article 37 of the Euratom Treaty xl for relevant plans for the disposal of radioactive waste.
PROTECTING, INFORMING AND ENGAGING COMMUNITIES
Outcome: Communities are effectively protected, informed and engaged in environmental decision-making. Biodiversity is conserved and enhanced.
Public Participation
Scottish Executive Target: Meaningful access for the public to decision-making by public bodies. Compliance with the requirements of the Aarhus convention, Public Participation Directive and related EC Directives. xlii.
SEPA Role: Significant policies, plans and regulatory decisions should be subject to consultation with stakeholders and the wider public. Novel methods should be sought for involving communities in decisions that affect their local environment. Reasons for regulatory decisions should be made publicly available.
SEPA will be asked to provide an input to the implementation of Strategic Environmental Assessment (SEA) in Scotland. Precise roles and timescales, and associated implications for SEPA, will be the subject of further discussion.
Enforcement of Environmental Laws and Regulations
Scottish Executive Target: Strong action to reduce environmental crime iii, to ensure that communities are safe, secure and attractive. Improved measures to tackle anti-social behaviour such as thoughtless and illegal disposal of waste.
SEPA Role: SEPA should have a clear enforcement policy that sets out how it will address environmental crime, and ensure this is rigorously and consistently put into practice. The policy should set out the role that the various enforcement tools available to SEPA will play in taking action against those who contravene environmental laws and regulations. The enforcement of environmental regulations should be firmly rooted in the environmental protection of communities.
SEPA should liaise closely with Procurators Fiscal and others to ensure a joined-up approach is taken to addressing environmental crime.
SEPA should fulfil its role as consultee in the land use planning system by providing advice on the appropriateness, or otherwise, of development plans and individual planning applications so as to protect the environment and human health.
SEPA should play an active role in the Flytipping Forum and take a lead on the issues for which it has statutory responsibility.
Environmental Information
Scottish Executive Target: To provide a comprehensive Scottish pollution inventory by August 2005 iii. Implement the Freedom of Information (Scotland) Act and forthcoming revision to the Environmental Information Regulations.
SEPA Role: Collection and presentation of the pollution inventory data. Development of contextual information that enables the importance of emissions information to be assessed and understood easily.
SEPA should develop procedures to ensure it complies with Freedom of Information requirements and prepare for changes to the Environmental Information Regulations. SEPA should progressively increase the amount of information it provides online and ensure best use is made of environmental data to provide meaningful information to the public about environmental quality and trends xliii.
Engaging Small and Medium Enterprises
Scottish Executive Target: To improve the awareness of and compliance with environmental regulations amongst Small and Medium Enterprises (SMEs) and to promote opportunities arising from good environmental practice, in line with the Executive's Green Jobs Strategy.
Role of SEPA: SEPA should work with UK partners on the management and development of the NETREGS project, ensuring that a Scottish perspective is maintained. NETREGS provides online tailored support for SMEs on environmental legislation. SEPA should ensure that guidelines for 100 business sectors are produced and updated as required, and that the authority and accuracy of the site is maintained.
Flood Warning
Scottish Executive Target: Accessible, reliable and accurate flood warning advice available to households, businesses and public bodies in Scotland.
Role of SEPA: To provide the Scottish element of the Floodline Service. SEPA should maintain a reliable and accurate monitoring network, combined with hydrology expertise, to be able to analyse flood risks across Scotland. It will also make information available to the public and liaise with emergency services regarding flood risks.
A key short and medium term role for SEPA is the development of second generation flood risk maps and where appropriate, increase the number of flood warning schemes.
Emergency Planning and Environmental Incidents
Scottish Executive Target: No pollution incidents that result in irreversible environmental impact. Provide an efficient and effective system for responding to environmental incidents.
SEPA Role: SEPA should provide a 24 hour response service to environmental incidents falling within its broad remit and have a system for ensuring problems reported by the public are dealt with effectively in co-ordination with other agencies xliv.
SEPA acts as joint competent authority for COMAH xlv regulation with HSE. It also has other regulatory powers and a strong advisory role in this area.
Maintain and exercise the Radioactive Incidents Monitoring Network (RIMNET) system and capability in Scotland. Support the Scottish Executive in responding to incidents involving the release of radioactivity. Provide an emergency room and ensure entry of supplementary data on the RIMNET system. Ensure coherence of this role with all other relevant aspects of routine radioactive substances monitoring.
Support the Scottish Executive in responding to emergencies and in any subsequent action to effect environmental remediation. This includes SEPA contributing to the contingency planning exercises in relation to outbreaks of notifiable animal disease such as foot-and-mouth as well as nuclear emergency planning exercises.
SEPA to prepare for the introduction of the Civil Contingencies Act.
Conservation of the Natural Environment
Scottish Executive Target: To further the conservation of biodiversity in Scotland and to comply with the requirements of the Nature Conservation (Scotland) Act 2004 and the Conservation (Natural Habitats, &c.) Regulations 1994. To support implementation of the Scottish Biodiversity Strategy as a contribution to the UK's overall responsibility to implement the Convention on Biological Diversity.
SEPA Role: The UK Biodiversity Action Plan 1994 established an Action Plan programme for those species and habitats across the UK which were most at threat of extinction. SEPA is a lead partner for the Mesotrophic Lakes Action Plan, and supports action on other Habitat and Species Action Plans (HAPs and SAPs). As the lead partner, SEPA is required to oversee implementation of the action plans for which it is responsible.
SEPA is a member of the Scottish Biodiversity Forum which developed the Scottish Biodiversity Strategy which was launched by Scottish Ministers in May 2004. The Strategy establishes a 25 year framework for the conservation and enhancement of biodiversity. The actions required to implement the Strategy over its first 3 years are set out in the Implementation Plans for the Scottish Biodiversity Strategy. These Plans contain a number of actions for which SEPA is the lead partner.
The Nature Conservation (Scotland) Act 2004 gives all public bodies, including SEPA, a general duty to further the conservation of biodiversity when exercising their functions. Public bodies also have a general duty under the 2004 Act to conserve and enhance Sites of Special Scientific Interest (SSSIs). SEPA is also bound by section 15 of the 2004 Act when acting as a regulator. It is also a "competent authority" for the purposes of the 1994 Regulations and is therefore obliged to have regard to the requirements of the Habitats Directive (Council Directive 92/43/EEC).
Scottish Ministers must report to the Parliament on implementation of the Scottish Biodiversity Strategy every 3 years, and SEPA will be required to contribute to this reporting by submitting statements about the impact of its actions on biodiversity conservation.
In addition SEPA must ensure its compliance with the Birds and Habitats Directives. In particular, in undertaking the review of consents in line with Regulation 50 of the 1994 Habitats Regulations and ensuring that systems are in place to consider Birds and Habitats Directives interests when assessing applications for permissions under environmental protection legislation for which it is responsible.
ACCOUNTABILITY, EFFICIENCY AND FINANCIAL MANAGEMENT
Outcome: An efficient and accountable service is provided to the public, regulated organisations and Government.
Consistency, Proportionality and Fairness
Scottish Executive Target: Environmental regulation to be fair, consistent, proportionate and enforceable. SEPA to implement environmental regulations in ways that do not impose unnecessary burdens on those it regulates xlvi.
SEPA Role: SEPA should provide guidance to staff to ensure regulation is fair, consistent, proportionate and enforceable. It should have a clear understanding of the costs to business of the regulatory standards and conditions it imposes, operate a risk-based approach to its regulatory functions, and ensure that regulatory action is proportionate to the actual or potential harm to the environment.
Organisational Development
Scottish Executive Target: SEPA to operate flexibly, responsively and efficiently, and be prepared for the challenges posed by changes in legislation and its wider role.
SEPA Role: Implementation of the remaining recommendations from the PFMR xlvii that fall to SEPA, in line with the associated action plan agreed by Ministers.
Financial Targets
Scottish Executive Target: SEPA to manage its budget, including Grant-in-Aid and charging income, in accordance with the Financial Memorandum and Scottish Public Finance Manual. SEPA to ensure that, taking one year with another, income from applicants for and holders of licences, equals expenditure. SEPA to achieve full cost recovery on chargeable services. SEPA to achieve 3.0% efficiency savings each year.
SEPA Role: SEPA will regularly review and update charging schemes to ensure that income reflects regulatory effort and costs. SEPA should ensure that the basis for, and structure of, its charging schemes are transparent and incorporate independent, external scrutiny where appropriate. Where there is a need to amend charging schemes to improve cost recovery, SEPA shall propose amendments for ministerial approval following consultation with charge payers and trade bodies.
Efficient Government
Scottish Executive Target: SEPA to be an active participant of the Efficient Government initiative that is taking place across the Scottish public sector in order to deliver 500m of recurring annual efficiency savings.
SEPA Role: Engage with the review to identify potential efficiencies and improved service delivery through effective prioritisation, and through partnership working with other public bodies. Deliver a contribution to the annual target.
REFERENCES
i. SEPA Management Statement, Scottish Executive Paper 2002/19, July 2002
ii. SEPA Financial Memorandum, Scottish Executive Paper 2002/18, July 2002
iii. A Partnership for a Better Scotland: Partnership Agreement, Scottish Executive, May 2003
iv. Secretary of State's guidance to SEPA under Section 31 of the Environment Act 1995, dated November 1996 (currently being updated)
v. Bathing Water Directive (76/160/EEC). Statutory Instrument 1991 No. 1609 (S.144) The Bathing Waters (Classification) (Scotland) Regulations 1991 (ISBN 0110146093)
vi. Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31980L0068&model=guichett
vii. Shellfish Waters Directive (79/923/EEC). Statutory Instrument 1997 No. 2470 (S.162) The Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 (ISBN 0110556739)
viii. Council Directive 78/659/EEC of 18 July 1978 on the quality of fresh waters needing protection or improvement in order to support fish life http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31978L0659&model=guichett
ix. Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States
http://europa.eu.int/eur-lex/en/consleg/pdf/1979/en_1979L0869_do_001.pdf
x. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32000L0060&model=guichett
xi. Urban Waste Water Treatment Directive (91/271/EEC). Statutory Instrument 1994 No. 2842 (S.144) The Urban Waste Water Treatment (Scotland) Regulations 1994 (ISBN 0110458427); SSI 2003 No. 273 The Urban Waste Water Treatment (Scotland) Amendment Regulations 2003 (ISBN 0110623460)
xii. Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community. And amended by Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31976L0464&model=guichett
xiii. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31991L0676&model=guichett
xiv. Council Directive 91/692/EEC of 23 December 1991 standardizing and rationalizing reports on the implementation of certain Directives relating to the environment http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31991L0692&model=guichett
xv. Scotland's Bathing Waters: A Strategy For Improvement (March 2003) (ISBN 0755921860)
xvi. Meeting the Needs…Priorities, Actions and Targets for Sustainable Development in Scotland, April 2002 Paper 2002/14 http://www.scotland.gov.uk/library5/rural/mtnsd-00.asp
xvii. Water Environment and Water Services (Scotland) Act 2003
xviii. OSPAR Convention, OSPAR: The Convention for the Protection of the Marine Environment of the North-East Atlantic http://www.ospar.org
xix. The Air Quality Strategy for England, Scotland, Wales and Northern Ireland (DETR, Scottish Executive, National Assembly for Wales and DoE Northern Ireland, 2000)
xx. Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32001L0080&model=guichett
xxi. National Emissions Ceilings Directive - Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=32001L0081&model=guichett
xxii. Pollution Prevention and Control (Scotland) Regulations 2000 SSI 200/323. References to PPC regulation should be read where appropriate as including regulation under Part I of the Environmental Protection Act 1990 (c.43), which PPC will replace
xxiii. Waste Incineration (Scotland) Regulations 2003 SSI 2003/170 and the Solvent Emissions (Scotland) Regulations 2004 SSI 2004/26 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2003/20030170.htm and The Solvent Emissions (Scotland) Regulations 2004
xxiv. Petrol Vapour Recovery Directive - Directive 94/63/EC on the control of volatile organic compound (VOC) emissions from the storage of petrol and its distribution from terminals to service stations http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31994L0063&model=guichett
xxv. Sulphur Content of Liquid Fuels Directive - Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels http://europe.eu.int/eur-lex/pri/en/oj/dat/1999/l_121/l_12119990511en00130018.pdf
xxvi See Scottish Climate Change Programme, Scottish Executive, November 2000 http://www.scotland.gov.uk/climatechange
xxvii. EU Directive establishing a scheme for greenhouse gas emissions trading within the Community is expected to be published in the EU's Official Journal in September 2003. See http://europa.eu.int/comm/environment/climat/emission.htm for further information.
xxviii The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 - reference SI 2002 No. 528 http://www.legislation.hmso.gov.uk/si/si2002/20020528.htm
xxix. The Landfill (Scotland) Regulations 2003 SSI 2003/235 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2003/20030235.htm
xxx. The National Waste Strategy 1999 http://www.sepa.org.uk/nws/guidance/nws/nws_1999.htm
xxxi National Waste Plan 2003 http://www.sepa.org.uk/nws/guidance/nwp.htm
xxxii. Landfill Regulations http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2003/20030235.htm as amended by the Landfill (Scotland) Amendment Regulations 2003, http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2003/20030343.htm
xxxiii. Special Waste Regulations 1996 SI 1996 No 972
xxxiv. Proposals for Amendments to the Waste Management Licensing (Scotland) Regulations 2003 - http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2003/20030171.htm
xxxv. European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31994L0062&model=guichett
xxxvi. The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 SI 1997 No 648
xxxvii. Prevention of Environmental Pollution From Agricultural Activity (PEPFAA Code), a Code of Good Practice, The Scottish Office Agriculture, Environment and Fisheries Department SOAEFD, 1997 (In process of being updated 2004); and PEPFAA code Do's and Don'ts Guide, SEERAD, 2002
xxxviii. The 4 Point Plan - Straightforward Guidance for Livestock Farmers to Minimise Pollution and Benefit your Business. SEERAD and others 2002, reprinted 2004
xxxix. Environmental Protection Act 1990, c43. Part IIA inserted by the Environment Act 1995, c25
xl. Euratom Treaty - Treaty establishing the European Atomic Energy Community 1957
xli. Radioactive Substances Act 1993 (ISBN 0105412937)
xlii. The Aarhus Convention 1998 - Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters http://europa.eu.int/comm/environment/aarhus/index.htm
xliii. SEPA Policy and Financial Management Review, Scottish Executive Paper 2003/11, March 2003, Recommendation 17 and 18
xliv. SEPA Policy and Financial Management Review, Scottish Executive Paper 2003/11, March 2003, Recommendation 7
xlv. Control of Major Accident Hazard Regulations 1999 Statutory instrument 1999/743
xlvi SEPA Management Statement, Scottish Executive Paper 2002/19, July 2002, Paragraph 1.6.9
xlvii SEPA Policy and Financial Management Review, Scottish Executive Paper 2003/11, March 2003
xlviii The Waste Management Licensing Amendment (Scotland) Regulations 2004, SSI No 275
The Waste Management Licensing Amendment (Scotland) Regulations 2004
Small changes in the way we perform everyday tasks can have huge impacts on Scotland's environment.
Walking short distances rather than using the car, or being careful not to overfill the kettle are just two positive steps we can all take.
This butterfly represents the beauty and fragility of Scotland's environment. The motif will be utilised extensively by the Scottish Executive and its partners in their efforts to persuade people they can do a little to change a lot.