THE POLLUTION PREVENTION AND CONTROL (COMBUSTION PLANTS) ( SCOTLAND) DIRECTIONS 2007
The Scottish Ministers give the following directions to the Scottish Environment Protection Agency with respect to the carrying out of its functions under the Pollution Prevention and Control (Scotland) Regulations 2000 [a].
These Directions are made in exercise of the powers conferred by regulations 9(2) and 23(1), (2) and (4) of the Pollution Prevention and Control (Scotland) Regulations 2000.
Citation, commencement and application
1. These Directions may be cited as the Pollution Prevention and Control (Combustion Plants) (Scotland) Directions 2007 and shall come into force on the day after the date on which these Directions are given by the Scottish Ministers to the Scottish Environment Protection Agency.
2. These Directions extend to Scotland only.
Interpretation
3. In these Directions-
"Annex of Tables for the UK National Plan" means the annex of tables for inclusion in the UK's national plan under the Directive dated February 2006 as amended and published on the Defra website [b];
"Directive" means Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants [c];
"emission allowance" has the meaning given in regulation 2 of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 [d];
"existing plant" and "new plant" have the meanings given in Article 2 of the Directive;
"National Emission Reduction Plan" means the plan submitted to the European Commission, pursuant to Article 4(6) of the Directive, on 28 February 2006 as adapted to take account of changes following notification to the Commission and published on the DEFRA website [e];
"NERP register" means the register established and maintained by the Environment Agency under regulation 6 of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007;
"PPC permit" means a permit granted under regulation 7 of the Pollution Prevention and Control (Scotland) Regulations 2000;
"SEPA" means the Scottish Environment Protection Agency;
"transfer of allowances" means any transfer made in accordance with regulation 8 of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007.
PPC permit conditions for existing plants subject to the National Emission Reduction Plan
4. SEPA shall ensure that all PPC permits relating to existing plants in Scotland that are listed in the Annex of Tables for the UK National Plan as being subject to the National Emission Reduction Plan in accordance with Article 4(3)(b) of the Directive contain-
(a) a condition requiring the operator to notify SEPA of any temporary or permanent closure;
(b) a condition requiring the operator to provide reports of actual annual mass emissions to SEPA; and
(c ) a condition requiring that the existing plant shall not in any calendar year emit more than the emission allowance as recorded on the NERP register for that plant as adjusted by the Environment Agency following any transfer of allowances made during that year (or up to 31 March in the following calendar year), or as a result of a determination made in accordance with regulation 9 of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007;
(d) any other conditions as it considers necessary to give effect to other relevant requirements of the Directive.
PPC permit conditions for existing plants that have opted to comply with emission limit values
5. SEPA shall ensure that all PPC permits relating to existing plants in Scotland that are listed in the Annex of Tables for the UK National Plan as having opted to comply with emission limit values as required by Article 4(3)(a) of the Directive shall contain emission limit values in accordance with that Article and any other conditions as it considers necessary to give effect to other relevant requirements of the Directive.
PPC permit conditions for existing plant that have opted for the limited life derogation
6. SEPA shall ensure that all PPC permits relating to existing plants in Scotland that are listed in the Annex of Tables for the UK National Plan as having opted for the limited life derogation in accordance with Article 4(4) of the Directive shall contain such conditions as it considers necessary to give effect to the relevant requirements of the Directive.
PPC permit conditions for new plants
7. SEPA shall ensure that all PPC permits for new plants shall contain conditions relating to compliance with emission limit values in accordance with Article 4(1) or (2) of the Directive, as appropriate, and any other conditions as it considers necessary to give effect to other relevant requirements of the Directive.
Security of energy supplies
8. In any case where Article 7(1) or (3) of the Directive applies, SEPA shall refer to the Scottish Ministers the question of whether there is "an overriding need to maintain energy supplies" in Scotland.
Revocation
9. The following Directions are revoked:
(a) the Pollution Prevention and Control (Combustion Plants) (Scotland) Directions 2002;
(b) the Pollution Prevention and Control (Combustion Plants) (Scotland) Directions 2004;
(c ) the Pollution Prevention and Control (Combustion Plants) (Scotland) Directions 2005;
(d) the Pollution Prevention and Control (Combustion Plants) (Scotland) (No. 2) Directions 2005.
A member of the staff of the Scottish Ministers
4 December 2007
[a] S.S.I. 2000/323.
[b]http://www.defra.gov.uk/environment/airquality/eu-int/eu-directives/lcpd
[c] OJ No. L 309, 27.11.2001, p.1, as corrected by corrigendum OJ No. L 319, 23.11.2002, p.30 and amended by the Act of Accession OJ No. L 236, 23.9.2003, p.33 and Council Directive 2006/105/EC OJ No. L 363, 20.12.2006, p.368.
[d] S.I. 2007/2325.
[e]http://www.defra.gov.uk/environment/airquality/eu-int/eu-directives/lcpd