3.0 The new E-PRTR sectors
3.1 There are several E-PRTR sectors (the 'new E-PRTR sectors') for which the UK is required to submit data to the European Commission that currently do not report to the UK's existing inventories. This section of the consultation document outlines how E-PRTR reporting requirements will be implemented for these new sectors in Scotland.
Competent authorities
3.2 In Scotland it is proposed that SEPA becomes the Competent Authority for the new E-PRTR sectors as they already have regulatory responsibility for the releases of pollutants and transfers of wastes most likely to be reported by the sectors. SEPA, as competent authority, is also required to quality assess the data reported by the new sectors, a role they currently undertake for the sectors already reporting to the SPRI.
3.3 Concerning coal rolling mills, industrial plants for the preservation of wood and wood products with chemicals, and installations for the building of, and painting, or removal of paint, from ships, initial analysis suggests that many of these activities will be regulated as Part A activities under the PPC (Scotland) Regulations, and should, therefore, already be reporting to the SPRI.
3.4 Concerning municipal waste-water treatment plants, these processes already report to the SPRI.
3.5 Concerning independently operated waste-water treatment plants serving one or more activities in Annex I of the E-PRTR Regulation, it is not clear whether all of these activities already report to the SPRI. In cases where they do not, it is proposed that SEPA will become the competent authority.
3.6 Concerning opencast mining and quarrying, and underground mining and related operations, initial discussions suggest that they will mainly report on waste transfers (though without wanting to prejudice more in-depth process specific assessments). It is proposed that SEPA will again take on the role of competent authority 11.
3.7 Concerning intensive aquaculture, in Scotland there are currently about 135 marine aquaculture farms licensed to operate above the capacity threshold. These sites currently report to SEPA under SPRI.
Question 1: do you agree with the proposed competent authority arrangements?
Enforcement
3.8 SEPA will enforce the E-PRTR reporting requirements for the new sectors through Information Notices served under the provisions of the Pollution Prevention and Control (Scotland) Regulations 2000. These Regulations make the compilation of an inventory of releases, including waste transfers, a function of SEPA whether an activity is regulated under the PPC Regulations or not. Failure to comply with any such notice will amount to an offence. Penalties for non-compliance will be determined in accordance with the provisions of the PPC Regulations.
3.9 The use of information notices as an enforcement mechanism may be subject to review in the future.
Question 2: can you see any difficulties with the proposed enforcement mechanism for the new E-PRTR sectors?
Reporting requirements
3.10 For the first E-PRTR reporting year, 2007, the new sectors will submit the required data to the relevant competent authority by 28 February 2008, and then by that same date every year thereafter 12.
3.11 It follows that operators need to make sure that they have in place robust arrangements for acquiring the necessary data. The Executive has written to the Scottish operators in the new sectors to advise them of this requirement.
3.12 SEPA will encourage operators to submit their data in a web-based format in order to minimise administrative burdens. The SEPA website ( www.sepa.org.uk/spri ) provides full details of how to submit data electronically. Concerning the reporting year 2007, operators of new activities to SPRI will need to submit their site contact details to SEPA [ideally this will be coordinated by QPA] by the end of September 2007 so that a login and password can be generated and sent to the operator.
3.13 The new E-PRTR sectors will report against the substances and thresholds required by the E-PRTR Regulation 13.
Question 3: do the reporting arrangements seem effective and reasonable?
Guidance
3.14 SEPA already have sector specific guidance available for PRTR reporting as part of their existing SPRI activities. Building on this, SEPA will liaise with the new E-PRTR sectors to determine the need for and nature of further sector specific guidance. The European Commission has also published generic guidance on PRTR reporting to aid new sector operators and SEPA will also be able to assist with any reporting queries.
Cost recovery
3.15 There will be no additional costs to operators in Scotland associated with the administration of the E-PRTR reporting requirements.