ENVIRONMENTAL PROTECTION Citation and commencement 1 These Regulations may be cited as the Pollution Prevention and Control (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 2nd July 2005. Amendment of the Pollution Prevention and Control (Scotland) Regulations 2000 2 The Pollution Prevention and Control (Scotland) Regulations 2000 shall be amended as follows. 3 In regulation 2(1) (interpretation: general) in the definition of “specified waste management activity”, after paragraph (c) insert:– d the disposal of waste in a waste incineration installation ; 4 In regulation 7 (permits: general provisions)– a in paragraph (6)(c) after “plant” insert “on the same site”; b in paragraph (7), omit “(and accordingly, the operation of the plant on a different site shall require a separate permit)”; c after paragraph (10), insert:– 10A Where a substantial change in the operation of an installation as described in paragraph 4 of Schedule 3 has resulted in the issue of a permit applicable to the part of the installation affected by the change, SEPA may on determination of an application for a permit for the remainder of the installation, replace that permit with a consolidated permit for the whole installation (including that part) subject to such conditions as SEPA considers appropriate. . 5 In regulation 12 (proposed change in the operation of an installation)– a for paragraph (1) substitute:– 1 Subject to paragraph (4) and (5), where an operator of an installation or mobile plant which is permitted under these Regulations proposes to make a change in the operation of that installation or mobile plant, the operator shall, at least 14 days before making the change, notify SEPA. . b after paragraph (4) insert:– 5 Notwithstanding any notification under paragraph (1), the operator shall not make the proposed change during any period beginning with the date on which notice is served by SEPA under regulation 26(2) and ending on the date on which the applicant furnishes the information specified in the notice. . 6 In regulation 19(1) (enforcement notices) after “installation” insert “or mobile plant”. 7 In regulation 21(4) (power of SEPA to prevent or remedy pollution) after “installation” insert “or mobile plant”. 8 In Schedule 1, Part 1, Chapter 1, section 1.2 (refining mineral oil and gas, operating coke ovens and coal gasification and liquefaction activities) in Part A– a after paragraph (i) insert:– j Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity. ; b in the sentence after paragraph (i), after “sewage”, insert “sludge”. 9 In Schedule 1, Part 1, Chapter 2 (production and processing of metals)– a in section 2.1(ferrous metals)– i in Part A, paragraph (b)(ii), after “induction” insert “,vacuum, electro-slag”; ii in Part B, paragraph (b)(ii), after “ induction furnace” insert “, vacuum furnace, electro-slag furnace”; b in section 2.2 (non ferrous materials) Part A, for paragraph (i) substitute:– i Unless described elsewhere in this Section, melting, including making alloys of non-ferrous metals, including recovered products, refining and foundry casting in a furnace, bath or other holding vessel which has a design holding capacity of 5 tonnes or more .; c in section 2.3 (surface treating metals and plastic materials) for Part A, substitute:– Part A a Surface treating metals and plastic materials using an electrolytic or chemical activity where the aggregated volume of the treatment vats exceeds 30m3. b Surface treating materials using cadmium or any compound thereof where the activity may result in the release into the air or water of cadmium and its compounds, as listed in column 1 of the Table in paragraph 13(1) of Part 2 of this Schedule, in a quantity which, in any 12 month period, exceeds the background quantity for cadmium and its compounds by more than the amount specified in relation to it in column 2 of that Table. 10 In Schedule 1, Part 1, Chapter 4 (the chemical industry)– a in the first paragraph, delete the words from “,but does not include” until the end of that paragraph; b in section 4.1 (organic chemicals) Part B, for paragraph (a) substitute:– a Unless falling within any description in Part A of this section, carrying out any activity involving the use in any 12 month period of: i 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate; or ii partly polymerised di-isocyanates or prepolymers containing 5 tonnes or more of di-isocyanate monomers, where the activity may result in a release into the air of such monomers. ; c in section 4.2 (inorganic chemicals) in Part A– i for paragraph (b) substitute:– b Unless falling within a description in any other section of any chapter of this Schedule, any production activity which is likely to result in the release into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogens or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water by chlorine). ; ii in paragraph (c) for “manufacturing” substitute “production”; iii in paragraph (e) for “manufacture” substitute “production”; iv in paragraph (f) delete sub-paragraph (iv); v at the end, insert:– g Any other activity (except the combustion or incineration of carbonaceous material as defined in section 1.2 of this Schedule) which does not fall within either Part B of this section or a description in sections 2.1, 2.2 or 2.3 of this Schedule; and which may result in the release into the air of any acid forming oxide of nitrogen ; d in section 4.7 (manufacturing activities involving carbon disulphide or ammonia) for Part A substitute:– Part A a Unless falling within any description set out in section 6.7 (activities involving rubber) of this Schedule, any manufacturing activity which may result in the release of carbon disulphide into the air; b Any activity for the manufacture of a chemical which may result in the release of ammonia into the air other than an activity in which ammonia is only used as a refrigerant. . 11 In Schedule 1, Part 1, Chapter 5 (waste management) in section 5.1 (incineration and co-incineration of waste)– a i in Part A, after paragraph (h) insert:– i unless carried out as part of any other Part A activity, the thermal treatment (with or without heat or energy recovery, or production of material products) other than incidentally in the course of burning solid or liquid waste of any gaseous compound containing halogens arising from electrical equipment. ; ii in Part B , in the first paragraph, delete “The following activities if operated at installations not falling under Part A of this Section;”; iii in the interpretation section of section 5.1, in the definition of “excluded plant”, in paragraph (a)(vii), delete “Directive 90/667/ EEC and by”; b in section 5.3 (disposal of waste other than by incineration or landfill) in Part A (interpretation of Part A) for paragraph 3 substitute:– 3 Nothing in this Part applies to the treatment of waste soil by means of mobile plant for the treatment of contaminated material, substances or products for the purpose of remedial action with respect to land or controlled waters. ; c in section 5.4 (recovery activities), in Part A (interpretation of Part A):– i in Part A, for paragraph (a) substitute:– Unless carried on as part of an activity falling within any description in Part B of section 6.4 of Chapter 6 or Part B of Chapter 7 of this Schedule, recovering by distillation any other organic solvent. ; ii for paragraph (2) substitute:– 2 Nothing in this Part applies to the treatment of waste soil by means of mobile plant for the treatment of contaminated material, substances or products for the purpose of remedial action with respect to land or controlled waters. . 12 In Schedule 1, Part 1, Chapter 6 (other activities):– a in section 6.4 (coating activities, printing and textile treatments), Part B, paragraph (b), for “1 tonne” substitute “2 tonnes”; b in section 6.6 (timber activities), Part B, after “drilling”, insert “sanding”; c in section 6.7 (activities involving rubber), Part B, paragraph (a) delete “if operated at installations not falling within any other description in any Part A of this Schedule”; d in section 6.8 (the treatment of animal and vegetable matter and food industries), Part A:– i for paragraph (b) substitute:– b Disposing of or recycling animal carcasses and animal waste other than for the production of fishmeal or fish oil for food at installations with a capacity exceeding 10 tonnes per day and other than by incineration or co-incineration at installations falling within Section 5.1 of this Schedule. ; ii for paragraph (c) substitute:– c Slaughtering animals in slaughterhouses, other than in mobile plant, with a carcass production capacity greater than 50 tonnes per day. . 13 In Schedule 1, Part 1, Chapter 7, section 7 ( SED activities) , Part B, paragraph (2), for the definition of “vehicle refinishing” substitute:– “vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing– the original coating of road vehicles as defined in Directive 70/156/EEC , or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line, or the coating of trailers (including semi-trailers) (category O); . 14 In Schedule 1, Part 2 (interpretation of Part 1):– a for paragraph 3 substitute– 3 An activity shall not be taken to be an activity falling within: 1 any section of Chapters 1 to 6 of Part 1 if it is carried out in a working museum to demonstrate an industrial activity of historic interest or if it is carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980 ; or 2 subject to paragraph 3A, any section of Chapters 1 to 6 of Part 1 if it is carried out at an installation or mobile plant or in part of an installation or mobile plant used solely for research, development and testing of new products and processes ; b after paragraph 3 insert:– 3A Paragraph 3(2) shall only apply to any waste incineration installation if it is used solely for research, development and testing in order to improve the incineration process and if it treats less than 50 tonnes of waste per year. ; c in paragraph 9(1) after “Part A” insert “or Part B”; d for paragraph 9(2) substitute:– 2 Where a person carries out several activities falling within the same description in Part A or Part B of any section of Part 1 of this Schedule in different parts of the same stationary technical unit or in different stationary technical units on the same site, the capacities of each part or unit shall be added together and the total capacity shall be attributed to each part or unit for the purpose of determining whether the activity carried out in each part or unit falls within a description in Part A or Part B of that section. e in paragraph (14)(1) for the words “References” until “substances” substitute:– References to, or to the release on to land of, a substance listed in this paragraph are references to any of the following substances . 15 In Schedule 3, Part 1, paragraph 2(2):– a in Table 1 for the entry relating to section 2.3, substitute:– Section 2.3 Part A Paragraph (a) May 1st to July 31st 2004 Paragraph (b) October 1st to December 31st 2005 ; b in Table 1 for the entry relating to section 4.2, substitute:– Section 4.2 Part A Paragraphs (a)(i), (ii), (iii) and (vi) and (b) to (f) October 1st to December 31st 2004 Paragraphs (a)(iv) and (v) June 1st to August 31st 2005 Paragraph (g) October 1st to December 31st 2005 ; c in Table 1 for the entry relating to section 5.1, substitute:– Section 5.1 Part A Paragraphs (a), (b), (c), (d) and (e) January 1st to March 31st 2005 Paragraphs (f), (g) and (h) June 1st to August 31st 2005 Paragraph (i) October 1st to December 31st 2005 ; d in Table 1 for the entry relating to section 5.3 substitute:– Section 5.3 Part A Paragraphs (a) and (b) November 1st 2006 to January 31st 2007 Paragraph (c)(i) April 1st to June 30th 2006 Paragraph (c)(ii) September 1st to November 30th 2006 ; e in Table 2 for the entry relating to section 6.4 substitute:– Section 6.4 Part A Paragraph (c) October 1st to December 31st 2007 ; and f in sub paragraph (6) for “3 months” substitute, “28 days”. 16 In Schedule 4, Part 1 (applications for permits)– a in paragraph 1(1)(b) after “site,” where it secondly occurs, insert “and its boundary”; b for paragraph 1(2) substitute:– 2 The site report required by paragraph 1(1)(d) shall describe the condition of the site of the installation or Part A mobile plant and shall, in particular identify any pollutants in or on the land. ; 17 In Schedule 4, Part 2 (determination of applications)– a for paragraph 9(e) substitute:– e in the case of an application for a permit to operate an installation or a Part A mobile plant, the local authority in whose area the installation is situated or the mobile plant is intended to be operated; f in the case of all applications such other persons as the Scottish Ministers may direct. ; b in paragraph 15(2) after sub paragraph (c) insert– d where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph (4) and ending on the date on which the relevant applicant furnishes the information specified in the notice. ; c after paragraph 15 insert– 15A Where separate applications are made to operate different parts of one installation, SEPA shall send a copy of any notice served on any of the applicants under paragraph (4) to all of the other applicants in respect of that installation. . 18 In Schedule 4, Part 3 (national security and confidential information)– a after paragraph 20, insert:– 20A The requirements of paragraph 9 of this Schedule, other than paragraph 9(f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 28. ; b in paragraph 21, omit “28 or”. 19 In Schedule 7, Part 1 (applications for variations of conditions), for paragraph (2) substitute:– 2 If a proposed change in the operation of a Part A installation or Part A mobile plant (but excluding a change in the operation of part of the installation which carries out an SED activity (and any directly associated activities) which does not also fall within any description in any section of Chapters 1 to 6 of Part 1 of Schedule 1 (and any directly associated activities)) will result in additional land being included within the site of the installation or mobile plant or in a change of location of the mobile plant, the application shall also contain a site report for that additional land or that change of location of mobile plant, describing the condition of the land, in particular, identifying any pollutants in or on the land. . 20 In Schedule 8 (procedures in connection with appeals to the Scottish Ministers) in paragraph 2(1)(c) after “suspension notice,” insert “or a closure notice under regulation 18(1) of the 2003 Regulations”. 21 In Schedule 9 (registers), in paragraph (1), for sub paragraphs (x) to (z) substitute:– x a list which identifies all waste incineration installations which have a capacity of less than two tonnes per hour and which are the subject of a permit or an authorisation granted under section 6 of the Environmental Protection Act 1990 containing conditions which give effect to the provisions of Directive 2000/76/ EC of the European Parliament and of the Council of 4th December 2000 on the incineration of waste; y all particulars of any conditioning plan or notification as referred to in sub paragraph 1(3)(b) or 5(3)(a) of Schedule 5 to the 2003 Regulations; z all particulars of any notice requiring a landfill to close (in whole or in part) issued under paragraph 1(3) of Schedule 5 to the 2003 Regulations; za all particulars of any notification or report required before definitive closure of a landfill under regulation 17(4) of the 2003 Regulations. . LEWIS MACDONALD Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th June 2005