Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Environmental Authorisations (Scotland) Regulations 2018

Type Scottish-Statutory-Instrument

Publication 2018-06-28

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(1) This schedule applies to the incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant.

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) the definition of the activity of incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant.

2

Incineration and co-incineration of solid and liquid waste at a waste incineration plant or waste co-incineration plant does not include the following activities—

(a) the treatment by incineration or co-incineration of only the following waste—

(i) biomass,

(ii) radioactive waste,

(iii) animal carcasses as regulated by Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products not intended for human consumption and repealing Regulation (EC) No. 1774/2002,

(iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from offshore installations, which is incinerated on board these installations,

(b) incineration at experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year,

(c) gasification or pyrolysis, where resulting gases from this thermal treatment of waste are purified to the extent that they are no longer waste prior to their incineration and can cause emissions no higher than those resulting from the burning of natural gas.

Interpretation: general

3

(1) In this schedule—

“dioxins and furans” means all polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans listed in Chapter 2 of Part 3 of this schedule,

“nominal capacity” means the sum of the incineration capacities of the combustion chambers of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the authorised person, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour,

“residue” means any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant,

“separately collected waste” means waste that has been collected and transported in accordance with section 34(2I) of the Environmental Protection Act 1990.

(2) For the purposes of this schedule—

(a) the definitions “waste incineration plant” and “waste co-incineration plant” include all incineration lines or co-incineration lines, waste reception, storage, on site pre-treatment facilities, waste-, fuel- and air-supply systems, boilers, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stacks, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions,

(b) where processes other than oxidation, such as pyrolysis, gasification or plasma process are applied for the thermal treatment of waste, the waste incineration or waste co-incineration plant includes the thermal treatment process and subsequent incineration processes,

(c) if waste co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant is to be regarded as a waste incineration plant.

PART2 — Amendments to common framework provisions

Authorisations: applications

4

An application for an authorisation must include a description of measures to ensure that the following requirements will be met—

(a) the waste incineration plant or waste co-incineration plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this schedule are met, taking into account the categories of waste to be incinerated or co-incinerated,

(b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power,

(d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with all applicable law.

Authorisations: general conditions

5

(1) SEPA must ensure that all authorisations contain the following—

(a) a list of all types of waste which may be treated using at least the types of waste set out in the List of Waste in Annex I to the 2000 Commission Decision, where possible, and containing information on the quantity of each type of waste, where appropriate,

(b) the total waste incinerating or co-incinerating capacity of the plant,

(d) the requirements for the pH, temperature and flow of wastewater discharges,

(e) the sampling and measurement procedures and frequencies to be used to comply with the conditions set for emission monitoring,

(f) the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the emissions into the air and the discharges of wastewater may exceed the prescribed emission limit values,

(g) a requirement that in the event of a breakdown, operations are to be reduced or stopped as soon as practicable until normal operations can be restored,

(h) a requirement that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is technically competent to manage the plant.

(2) SEPA must ensure that an authorisation for the incineration or co-incineration of hazardous waste at a waste incineration plant or waste co-incineration plant includes the following additional conditions—

(a) a list of the quantities of the different categories of hazardous waste which may be treated,

(b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of polychlorinated biphenyls, pentachlorophenol, chlorine, fluorine, sulphur, heavy metals and other polluting substances.

(3) SEPA must ensure that an authorisation for the incineration or co-incineration of municipal waste includes such additional conditions as it considers necessary to ensure, where practicable, that no waste including non-ferrous metals or hard plastics is incinerated or co-incinerated.

(4) SEPA must ensure that an authorisation for the incineration or co-incineration of waste with energy recovery includes such additional conditions as it considers necessary to ensure that the recovery of energy takes place with a high level of energy efficiency.

Authorisations: control of emissions

6

SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that

(a) waste gases are to be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment,

(b) emissions into air do not exceed the emission limit values set out in Chapters 3 and 4 of Part 3 of this schedule or are determined in accordance with Chapter 4 of Part 3 of this schedule,

(c) where in a waste co-incineration plant more than 40% of the resulting heat release comes from hazardous waste, or where the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Chapter 3 of Part 3 of this schedule apply,

(d) discharges to the aquatic environment of wastewater resulting from the cleaning of waste gases are limited as far as practicable and the concentrations of polluting substances does not exceed the emission limit values set out in Chapter 5 of Part 3 of this schedule at the point where waste waters from the cleaning of waste gases are discharged from the plant,

(e) where waste waters from the cleaning of waste gases are treated outside the waste incineration or co-incineration plant, at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Chapter 5 of Part 3 of this schedule are to be applied at the point where the waste waters leave the treatment plant,

(f) where waste waters from the cleaning of waste gases are treated collectively with other sources of waste water, either on site or off site, the authorised person must make the appropriate mass balance calculations, using the results of the measurements set out in paragraph 27 of this schedule in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases,

(g) for the purpose of complying with the emission limit values set out in Chapter 5 of Part 3 of this schedule, wastewater is not to be diluted,

(h) waste incineration plant and co-incineration plant sites, including associated storage areas for waste, must be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater,

(i) storage capacity must be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations,

(j) the storage capacity referred to in sub-paragraph (i) must be adequate to ensure that such waters can be tested and treated before discharge where necessary,

(k) without prejudice to paragraph 8(1)(j)(iii) of this schedule, the plant or individual combustion chambers being part of a waste incineration plant or waste co-incineration plant must not continue to incinerate waste for a period of more than 4 hours uninterrupted where emission limit values are exceeded,

(l) where one or more combustion chambers are linked to a single waste gas cleaning device, the cumulative duration of operation in conditions where emission limit values are exceeded must not exceed 60 hours over one year,

(m) compliance with emission limit values for air and water is achieved where the conditions described in Chapter 8 of Part 3 of this schedule are satisfied.

Authorisations: emissions monitoring

7

(a) the monitoring of emissions is carried out in accordance with Chapters 6 and 7 of Part 3 of this schedule,

(b) the installation and functioning of automated measuring systems is subject to control and to annual surveillance tests as set out in paragraph 25 of this schedule,

(d) the monitoring results are recorded, processed and presented in such a way as to enable SEPA to verify compliance with the operating conditions and emission limit values included in the authorisation,

(e) continuous measurement of emissions into the air of the following—

(i) heavy metals,

(ii) dioxins,

(iii) furans,

(iv) dioxin-like polychlorinated biphenyls,

(v) polycyclic aromatic hydrocarbons.

Authorisations: operating conditions

8

(1) SEPA must ensure that an authorisation for the incineration or co-incineration of waste at a waste incineration plant or co-incineration plant includes such conditions as it considers appropriate to ensure that—

(a) waste incineration plants are operated to achieve a level of incineration, using waste pre-treatment techniques where necessary, so that—

(i) the total organic carbon content of slag and bottom ashes is less than 3% of the dry weight of the material, or

(ii) the loss on ignition of the slag and bottom ashes is less than 5% of the dry weight of the material,

(b) waste incineration plants must be designed, equipped, built and operated in such a way that the gas resulting from the incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850°C for at least two seconds,

(c) waste co-incineration plants must be designed, equipped, built and operated in such a way that the gas resulting from the co-incineration of waste is raised in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850°C for at least two seconds,

(d) if hazardous waste with a content of more than 1% of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with sub-paragraphs (b) and (c) is at least 1,100°C,

(e) in waste incineration plants, the temperatures set out in sub-paragraphs (b) and (d) must be measured—

(i) near the inner wall of the combustion chamber, or

(ii) such other representative point of the combustion chamber as authorised by SEPA,

(f) each combustion chamber of a waste incineration plant must be equipped with at least one auxiliary burner to be used in accordance with sub-paragraphs (g), (h) and (i),

(g) the auxiliary burner must be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in sub-paragraphs (b), (c) and (d),

(h) the auxiliary burner must be used during plant start-up and shut-down operations to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber,

(i) the auxiliary burner must not be fed with fuels which can cause higher emissions than those resulting from the burning of gas oil,

(j) waste incineration plants or co-incineration plants must operate an automatic system to prevent waste feed in the following circumstances—

(i) at start-up, until the temperature set out in sub-paragraphs (b), (c), (d) or otherwise specified by SEPA in accordance with paragraph 10 of this schedule, has been reached,

(ii) whenever the temperature set out in sub-paragraphs (b), (c), (d) or otherwise specified by SEPA in accordance with paragraph 10 of this schedule is not maintained,

(iii) whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or failures of the waste gas cleaning devices,

(k) any heat generated by waste incineration plants or waste co-incineration plants must be recovered as far as practicable,

(l) infectious clinical waste must be placed straight in the combustion chamber, without first being mixed with other categories of waste and without direct handling,

(2) In this paragraph, “gas oil” includes the fuels in sub-paragraphs (a) and (b), but not those fuels in sub-paragraphs (c) and (d)—

(a) any petroleum-derived liquid fuel, excluding marine fuel, falling within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19,

(b) any petroleum-derived liquid fuel, excluding marine fuel, of which less than 65% by volume (including losses) distils at 250°C and of which at least 85% by volume (including losses) distils at 350°C by the ASTM D86 method,

(d) fuels used in non-road mobile machinery and agricultural tractors.

Variations to operating conditions

9

(1) SEPA may specify a level of incineration different to paragraph 8(1)(a), (f), (g), (h) and (i) of this schedule provided that any change meets the requirements in sub-paragraph (3) and the other requirements of this schedule.

(2) SEPA may specify a temperature other than those specified in paragraph 8(1)(b), (c), (d), (e), (j)(i) and (j)(ii) of this schedule provided that any change meets the requirements in sub-paragraph (3).

(3) The requirements are—

(a) for waste incineration plants, that the change does not cause more residues or residues with a higher content of organic polluting substances compared with the residues that would be expected if conditions were set in accordance with paragraphs 8(a) to (j) of this schedule,

(b) for waste co-incineration plants, the emissions of total organic carbon and carbon monoxide must comply with the emission limit values set out in Part 3 of schedule 22,

(c) emissions of total organic carbon from bark boilers within the pulp and paper industry co-incinerating waste at the place of its productions, which were in operation and had an authorisation before 28 December 2002, must comply with the emission limit values set out in Chapter 3 of Part 3.

Authorisations: delivery and reception of waste

10

(a) all necessary precautions are taken to prevent or limit as far as practicable in relation to the delivery and reception of waste—

(i) the pollution of air, soil, surface water and groundwater,

(ii) other negative effects on the environment, odours and noise,

(iii) direct risks to human health,

(b) the mass of each type of waste is determined, where possible in accordance with the List of Waste in Annex I to the 2000 Commission Decision prior to the acceptance of waste at the waste incineration plant or waste co-incineration plant,

(c) prior to the acceptance of hazardous waste at a waste incineration or waste co-incineration plant, all available information contained in heads (i) to (iii) must be obtained—

(i) all the administrative information on the generating process contained in the documents described in sub-paragraph (d)(i),

(ii) the physical, and as far as practicable, chemical composition of the waste and all other information necessary to evaluate its suitability for the intended incineration process,

(iii) the hazardous characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste,

(d) prior to the acceptance of hazardous waste at the waste incineration plant or waste co-incineration plant, at least the following procedures must be carried out—

(i) the checking of the documents required by assimilated EU law which implemented the Waste Framework Directive and, where applicable, those required by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste and by legislation on transport of dangerous goods,

(ii) the taking of representative samples, unless inappropriate as far as possible before unloading, to verify conformity with the information provided for in sub-paragraph (c) by carrying out controls and to enable SEPA to identify the nature of the wastes treated,

(iii) the samples referred to in head (ii) must be kept for at least 1 month after the incineration or co-incineration of the waste concerned,

(e) SEPA may, on application of the authorised person, grant an exemption to sub-paragraphs (b) to (d), where the waste incineration plant or waste co-incineration plant are part of an installation covered by schedule 20 and only incinerates or co-incinerates waste generated within that installation.

Authorisations: residues

11

(a) residues are minimised in their amount and harmfulness,

(b) residues are recycled, where appropriate, directly in the plant or outside,

(c) transport and intermediate storage of dry residues in the form of dust takes place in such a way as to prevent dispersal of those residues in the environment,

(d) appropriate tests, which must concern the total soluble fraction and heavy metals soluble fraction of any residues, are carried out to establish the physical and chemical characteristics and the polluting potential of residues prior to determining routes for the recycling or disposal of residues.

Authorisations: incineration of batteries

12

(1) SEPA must ensure that authorisations for the incineration of waste include a condition prohibiting the incineration of waste industrial and automotive batteries.

(2) A condition imposed under sub-paragraph (1) does not prohibit the incineration of residues of any batteries that have undergone both treatment and recycling, provided that the treatment and recycling—

(a) used best available techniques, in terms of the protection of health and the environment,

(b) complied, at a minimum, with all legal requirements, in particular as regards health and safety and waste management.

Authorisations: review of conditions

13

(1) SEPA must periodically review and, where necessary, update permit conditions.

(2) SEPA must periodically review, and where necessary, update standard conditions applicable to waste incineration and waste co-incineration activities.

Reports

14

(1) SEPA must ensure that authorisations for waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour include such conditions as it considers appropriate to ensure that the following information is kept and provided to SEPA—

(a) information on the functioning and monitoring of the plant,

(b) an account of the running of the incineration or co-incineration process,

(2) SEPA must maintain a list of waste incineration plants and waste co-incineration plants with a nominal capacity of less than 2 tonnes per hour.

Public consultation

15

Public consultation in accordance with paragraph 8 of schedule 1 is required in relation to an application for an authorisation for a waste incineration plant or co-incineration plant.

PART3 — Technical provisions relating to waste incineration plants and waste co-incineration plants

CHAPTER1 — Definitions

16

For the purpose of this Part the following definitions apply—

(a) “existing waste incineration plant” means one of the following waste incineration plants—

(i) a waste incineration plant which was in operation before 28 December 2002,

(ii) a waste incineration plant for which a permit was granted by SEPA before 28 December 2002, provided that the waste incineration plant was put into operation no later than 28 December 2003,

(iii) a waste incineration plant which, in the opinion of SEPA, had submitted a full application for a permit before 28 December 2002, provided that the plant was put into operation no later than 28 December 2004,

(b) “new waste incineration plant” means any waste incineration plant not described in sub-paragraph (a).

CHAPTER2 — Equivalence factors for dibenzo-p-dioxins and dibenzofurans

17

In order to determine the total concentration of dioxins and furans, the mass concentrations of the dibenzo-p-dioxins and dibenzofurans in column 1 of Table 1 must be multiplied by the equivalence factors in column 2 of Table 1 before totalling.

	Toxic equivalence factor
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD)	1
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD)	0.5
1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD)	0.1
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD)	0.1
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD)	0.1
1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD)	0.01
Octachlorodibenzodioxin (OCDD)	0.001
2,3,7,8 — Tetrachlorodibenzofuran (TCDF)	0.1
2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF)	0.5
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF)	0.05
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF)	0.1
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF)	0.1
1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF)	0.1
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF)	0.1
1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF)	0.01
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF)	0.01
Octachlorodibenzofuran (OCDF)	0.001

CHAPTER3 — Air emission limit values for waste incineration plants

18

(1) All emission limit values are to be calculated—

(a) at a temperature of 273.15K,

(b) a pressure of 101.3kPa, and

(2) Emission limit values are standardised at 11% oxygen in waste gas unless sub-paragraph (3) applies.

(3) This sub-paragraph applies to—

(a) the incineration of mineral waste oil, in which case, they are standardised at 3% oxygen, and

(b) the circumstances referred to in paragraph 25(7)(c) and (8) of this schedule,

(4) Daily average emission limit values (mg/Nm³) for the polluting substances listed in column 1 of Table 2 are as listed in column 2.

Total dust	10
Gaseous and vaporous organic substances, expressed as total organiccarbon (TOC)	10
Hydrogen chloride (HCl)	10
Hydrogen fluoride (HF)	1
Sulphur dioxide (SO₂)	50
Nitrogen monoxide (NO) and nitrogen dioxide (NO₂), expressed as NO₂for existing waste incineration plants with a nominal capacity exceeding6 tonnes per hour or new waste incineration plants	200
Nitrogen monoxide (NO) and nitrogen dioxide (NO₂), expressed as NO₂for existing waste incineration plants with a nominal capacity of6 tonnes per hour or less	400

(5) Half-hourly average emission limit values (mg/Nm³) for the polluting substances listed in column 1 of Table 3 are as listed in columns 2 and 3.

	(100%) A	(97%) B
Total dust	30	10
Gaseous and vaporous organic substances, expressedas total organic carbon (TOC)	20	10
Hydrogen chloride (HCl)	60	10
Hydrogen fluoride (HF)	4	2
Sulphur dioxide (SO₂)	200	50
Nitrogen monoxide (NO) and nitrogen dioxide(NO₂), expressed as NO₂ for existing waste incineration plants with a nominal capacity exceeding6 tonnes per hour or new waste incineration plants	400	200

(6) Average emission limit values (mg/Nm³) for the heavy metals in column 1 of Table 4 are as listed in column 2 (over a sampling period of a minimum of 30 minutes and a maximum of 8 hours) and cover the gaseous and vapour forms of the relevant heavy metal emissions and their compounds.

Cadmium and its compounds, expressed as cadmium (Cd)	Total of Cd + Tl and their compounds: 0.05
Thallium and its compounds, expressed as thallium (Tl)	Total of Cd + Tl and their compounds: 0.05
Mercury and its compounds, expressed as mercury (Hg)	Total: 0.05
Antimony and its compounds, expressed as antimony (Sb)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Arsenic and its compounds, expressed as arsenic (As)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Lead and its compounds, expressed as lead (Pb)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Chromium and its compounds, expressed as chromium (Cr)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Cobalt and its compounds, expressed as cobalt (Co)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Copper and its compounds, expressed as copper (Cu)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Manganese and its compounds, expressed as manganese (Mn)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Nickel and its compounds, expressed as nickel (Ni)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5
Vanadium and its compounds, expressed as vanadium (V)	Total of Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V and their compounds: 0.5

(7) The average emission limit value (ng/Nm³) for dioxins and furans over a sampling period of a minimum of 6 hours and a maximum of 8 hours is 0.1, which refers to the total concentration of dioxins and furans calculated in accordance with Chapter 2 of this schedule.

(8) Emission limit values (mg/Nm³) for carbon monoxide (CO) in the waste gases are—

(a) 50 as a daily average value,

(b) 100 as a half-hourly average value,

(9) SEPA may grant exemptions from the emission limit values in sub-paragraph (8) for waste incineration plants using fluidised bed technology, in which case, the emission limit value for carbon monoxide (CO) must be set at no more than 100 mg/Nm³ as an hourly average value.

(10) Emission limit values applicable in the circumstances described in paragraphs 5(1)(g) and 6(k) and (l) of this schedule are—

(a) the total dust concentration in the emissions into the air of a waste incineration plant must not exceed 150 mg/Nm³ expressed as a half-hourly average,

(b) the air emission limit values for TOC and CO set out in sub-paragraph (5) and (8) must not be exceeded.

CHAPTER4 — Determination of air emission limit values for the co-incineration of waste

19

(1) The formula (mixing rule) in sub-paragraph (2) is to be applied whenever a specific total emission limit value ‘C’ has not been set out in a table in this Chapter.

(2) The emission limit value for each relevant polluting substance and CO in the waste gas resulting from the co-incineration of waste is to be calculated as follows—

$Vwaste×Cwaste±Vproc×CprocVwaste±Vproc=C$

(3) In this Chapter—

“Vwaste” means—waste gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this schedule,where the resulting heat release from the incineration of hazardous waste amounts to less than 10% of the total heat released in the waste incineration or co-incineration plant, Vwaste must be calculated from a (notional) quantity of waste that, being incinerated, would equal 10% heat release, the total heat release being fixed.

“Cwaste” means emission limit values for waste incineration plants set out in Chapter 3,

“Vproc” means waste gas volume resulting from the plant process including the combustion of the authorised fuels normally used in the plant (wastes excluded) determined on the basis of—oxygen contents at which the emissions must be standardised as set out in these regulations,where not provided for within these regulations, the real oxygen content in the waste gas without being thinned by addition of air unnecessary for the process,

“Cproc” means—emission limit values as set out in this Chapter for certain industrial activities,in the absence of the values in (a), emission limit values of plants which comply with these regulations for such plants while burning the normally authorised fuels (wastes excluded),in the absence of the values in (a) or (b), the emission limit values set out in the permit,in the absence of the values in (a), (b) or (c), the real mass concentrations,

“C” means—total emission limit values at an oxygen content as set out in this Chapter for certain industrial activities and certain polluting substances,in the absence of such values, total emission limit values replacing the emission limit values as set out in schedules 21-24,where the total oxygen content to replace the oxygen content for the standardisation is to be calculated on the basis of the content above respecting the partial volumes,all emission limit values are to be calculated at a temperature of 273.15K, a pressure of 101.3kPa and after correcting for the water vapour content of the waste gases.

Special provisions for cement kilns co-incinerating waste

20

(1) The emission limit values in this paragraph are to be calculated—

(a) as daily average values for total dust, HCI, HF, NOx, SO₂ and TOC for continuous measurements,

(b) as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals,

(2) All emission limit values in this paragraph are standardised at 10% oxygen.

(3) Half-hourly average values are only to be needed in order to calculate the daily average values.

(4) Total emission limit values (C) expressed in mg/Nm³ except for dioxins and furans, for the polluting substances in column 1 of Table 5 are as provided for in column 2—

Polluting substance	C
Total dust	30
HCl	10
HF	1
NOx	500
Cd + Tl	0.05
Hg	0.05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V	0.5
Dioxins and furans (ng/Nm³)	0.1

(5) The total emission limit value (C) for SO₂ expressed in mg/Nm³ is 50.

(6) The total emission limit value (C) for TOC, expressed in mg/Nm³ is 10.

(7) The total emission limit value (C) for CO may be set by SEPA.

(8) SEPA may set a different total emission limit value (C) for SO₂ and TOC where the SO₂ or TOC does not result from the co-incineration of waste.

Special provisions for combustion plants co-incinerating waste

21

(1) Cproc is to be expressed as a daily average values (mg/Nm³).

(2) The aggregation rules in paragraph 3 of schedule 21 apply to determining the total rated thermal input of combustion plants.

(3) Half-hourly average values are only needed for the purpose of calculating the daily average values.

(4) Cproc for combustion plants referred to in paragraph 6(1) of schedule 21, with the exception of gas turbines and gas engines, are as set out in Table 6—

Cprocfor solid fuels with the exception of biomass (O2 content: 6%)
Polluting substance	<50 MWth	50-100 MWth	100 to 300 MWth	>300 MWth
SO₂	-	400300 for peat	200	200
NOx	-	300400 for pulverised lignite	200	200
Dust	50	30	25For peat: 20	20
Cprocfor biomass (O₂content: 6%)
Polluting substance	<50 MWth	50-100 MWth	100 to 300 MWth	>300 MWth
SO₂	-	200	200	200
Nox	-	300	250	200
Dust	50	30	20	20
Cprocfor liquid fuels (O₂content: 3%)
Polluting substance	<50 MWth	50-100 MWth	100 to 300 MWth	>300 MWth
SO₂	-	350	250	200
NOx	-	400	200	150
Dust	50	30	25	20

(5) Cproc for combustion plants referred to in paragraph 6(2) of schedule 21, with the exception of gas turbines and gas engines, are as set out in Table 7—

Polluting substance	<50 MWth	50-100 MWth	100 to 300 MWth	>300 MWth
Cproc for solid fuels with the exception of biomass (O₂ content: 6%)
SO₂	-	400300 for peat	200300 for peat, except in the case of fluidised bed combustion: 250	150 for circulating or pressurised fluidised bed combustion or, in the case of peat firing, for all fluidised bed combustion: 200
NOx	_	300For peat: 250	200	150For pulverised lignite combustion: 200
Dust	50	20	20	10For peat: 20
Cproc for biomass (O₂ content: 6%)
So₂	-	200	200	150
NOx	-	250	200	150
Dust	50	20	20	20
Cproc for liquid fuels (O₂ content: 3%)
So₂	-	350	200	150
NOx	-	300	150	100
Dust	50	20	20	10

(6) Total emission limit values (C) for heavy metals (mg/Nm³) expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours (O₂ content 6% for solid fuels and 3% for liquid fuels) is as provided for in Table 8—

Polluting substances	C
Cd + Tl	0.05
Hg	0.05
Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V	0.5

(7) Total emission limit value (ng/Nm³) for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours (O₂ content 6% for solid fuels and 3% for liquid fuels) is 0.1.

Special provisions for waste co-incineration plants in industrial sectors not covered under paragraphs 20 and 21 of this Part

22

(1) Total emission limit value (C) (ng/Nm³) for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours is 0.1.

(2) Total emission limit values (C) for heavy metals expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours are—

(a) for Cd and TI, 0.05,

(b) for Hg, 0.05.

CHAPTER5 — Emission limit values for discharges of wastewater from the cleaning of waste gases

23

Emission limit values for discharges of wastewater from the cleaning of waste gases are as provided for in Table 9—

Polluting Substances	Emission limit values for unfiltered samples (mg/l except for dioxins and furans)	Emission limit values for unfiltered samples (mg/l except for dioxins and furans)
1. Total suspended solids as defined inAnnex I of Directive 91/271/EEC concerning urban wastewater treatment	95%	100%
1. Total suspended solids as defined inAnnex I of Directive 91/271/EEC concerning urban wastewater treatment	30	45
2. Mercury and its compounds, expressedas mercury (Hg)	0.03	0.03
3. Cadmium and its compounds,expressed as cadmium (Cd)	0.05	0.05
4. Thallium and its compounds,expressed as thallium (Tl)	0.05	0.05
5. Arsenic and its compounds, expressedas arsenic (As)	0.15	0.15
6. Lead and its compounds, expressed aslead (Pb)	0.2	0.2
7. Chromium and its compounds,expressed as chromium (Cr)	0.5	0.5
8. Copper and its compounds, expressedas copper (Cu)	0.5	0.5
9. Nickel and its compounds, expressedas nickel (Ni)	0.5	0.5
10. Zinc and its compounds, expressed aszinc (Zn)	1.5	1.5
11. Dioxins and furans	0.3 ng/l	0.3 ng/l

CHAPTER6 — Monitoring of emissions

Measurement techniques

24

(1) Measurements for the determination of concentrations of air and water polluting substances must be carried out representatively.

(2) The following assessments must be carried out in accordance with relevant British or CEN standards, or where those are not available, ISO or other international standards which ensure the provision of data of an equivalent scientific quality—

(a) sampling and analysis of all polluting substances including dioxins and furans,

(b) quality assurance of automated measuring systems,

(3) Automated measuring systems are to be subject to control by means of parallel measurements with the reference methods at least once per year.

(4) At the daily emission limit value level, the values of the 95% confidence intervals of a single measured result must not exceed the following percentages of the emission limit values for—

(a) carbon monoxide, 10%,

(b) sulphur dioxide, 20%,

(d) total dust, 30%,

(e) total organic carbon, 30%,

(f) hydrogen chloride, 40%,

(g) hydrogen fluoride, 40%.

(5) Periodic measurements of the emissions into air and water must be carried out in accordance with sub-paragraphs (1), (2) and (3).

Measurements relating to air polluting substances: requirements

25

(1) Subject to paragraph 26 of this schedule, the requirements in sub-paragraphs (2) to (8) relating to the measurement of air polluting substances must be carried out.

(2) Continuous measurements are required of—

(a) NOx, provided that emission limit values are set,

(b) CO,

(d) TOC,

(e) HCl,

(f) HF, unless treatment stages for HCl are used which ensure that the emission limit value for HCl is not exceeded, and in which case, emissions of HF may be measured—

(i) every three months during the first twelve months of operation,

(ii) two times per year in every subsequent year

(g) SO₂.

(3) Continuous measurements are required of—

(a) the temperature near the inner wall or at another representative point of the combustion chamber if authorised by SEPA,

(b) concentration of oxygen,

(d) temperature,

(e) water vapour content of the waste gas, unless the sampled waste gas is dried before emissions are analysed.

(4) For heavy metals, dioxins, furans, dioxin-like polychlorinated biphenyls and polycyclic aromatic hydrocarbons, measurements are required—

(a) every three months during the first twelve months of operation,

(b) two times per year in every subsequent year.

(5) Appropriate verification of residence time, minimum temperature and the oxygen content of the waste gases is required in relation to the measurements in this paragraph.

(6) “Appropriate verification” in sub-paragraph (5) means—

(a) at least once when the waste incineration plant or waste co-incineration plant is brought into service, and

(b) at least once under the most unfavourable operating conditions anticipated.

(7) The results of the measurements in this paragraph are required to be standardised—

(a) using the standard oxygen concentrations in Chapter 3 of this schedule—

(i) 11% oxygen in waste gas,

(ii) 3% oxygen in the case of mineral waste oil,

(b) calculated in accordance with Chapter 4 and by applying the formula in Chapter 7 of this schedule, or

(c) where waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, at an oxygen content specified by SEPA in authorisation conditions.

(8) Where emissions of polluting substances are reduced by waste gas treatment in a waste incineration plant or waste co-incineration plant treating hazardous waste, standardisation in accordance with sub-paragraph (7) is only to be done if the oxygen content measured over the same period as for the polluting substance concerned exceeds the relevant standard oxygen content.

Measurements relating to air polluting substances: SEPA discretion as to requirements

26

(1) SEPA may decide not to require continuous measurement and require periodic measurement or no measurement of any one or more of HCl, HF and SO₂ where the authorised person can demonstrate that emissions of those substances cannot be higher than the prescribed emission limit values under any circumstance.

(2) SEPA may decide not to require continuous measurement and require periodic measurements of NOx in an existing waste incineration plant or an existing waste co-incineration plant with a nominal capacity of less than 6 tonnes per hour where the authorised person can demonstrate that the emissions of NOx cannot under any circumstances be higher than the prescribed emission limit value based upon—

(a) information on the quality of the waste concerned,

(b) the technologies used,

(3) SEPA may require one measurement every two years for heavy metals and one measurement every year for dioxins and furans where the following circumstances apply—

(a) the emissions resulting from co-incineration or incineration of waste are below 50% of the emission limit values under all circumstances,

(b) the waste to be co-incinerated or incinerated consists only of sorted combustible fractions of non-hazardous waste not suitable for recycling, and

(c) the authorised person can demonstrate on the basis of information on the quality of the waste concerned and emissions monitoring that under all circumstances, emissions are significantly below the emission limit values for heavy metals and dioxins and furans.

(4) In this paragraph, “periodic measurement” means—

(a) every three months during the first twelve months of operation,

(b) two times per year in every subsequent year.

Measurements relating to water polluting substances

27

(1) The following measurements must be carried out at the point of wastewater discharge—

(a) continuous measurements of pH, temperature and flow,

(b) spot sample daily measurements of total suspended solids or measurements of a flow proportional representative sample over a period of 24 hours,

(c) at least monthly measurements of a flow proportional representative sample of the discharge over a period of 24 hours of Hg, Cd, Tl, As, Pb, Cr, Cu, Ni and Zn,

(d) for the first 12 months of operation, measurements of dioxins and furans at least every three months,

(e) for every subsequent year of operation, measurements of dioxins and furans at least every 6 months.

(2) Where the wastewater from the cleaning of waste gases is treated on site collectively with other on-site sources of wastewater, the measurements must be taken—

(a) on the wastewater stream from the waste gas cleaning processes prior to its input into the collective wastewater treatment plant,

(b) on the other wastewater stream or streams prior to its or their input into the collective wastewater treatment plant,

(c) at the point of final wastewater discharge, after the treatment, from the waste incineration plant or waste co-incineration plant.

CHAPTER7 — Formula to calculate the emission concentration at the standard percentage oxygen concentration

Formula

28

(1) The following formula is to be used to calculate the emission concentration at the standard percentage oxygen concentration—

$ES=21-OS21-OM×EM$

(2) In sub-paragraph (1)—

“ES” means calculated emission concentration at the standard percentage oxygen concentration,

“EM” means measured emission concentration,

“OS” means standard oxygen concentration,

“OM” means measured oxygen concentration.

CHAPTER8 — Assessment of compliance with emission limit values

Air emission limit values: general compliance

29

The emission limit values for air are to be regarded as being complied with where—

(a) none of the daily average values exceed any of the emission limit values set out in paragraph 18(4) of this schedule or as calculated in accordance with Chapter 4 of this schedule,

(i) none of the half-hourly average values exceeds any of the emission limit values set out in column 1 of Table 3 under paragraph 18(5) of this schedule, or

(ii) where relevant, 97% of the half-hourly average values over the year do not exceed any of the emission limit values set out in column 2 of Table 3 under paragraph 18(5) of this schedule,

(c) none of the average values over the sampling period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in paragraph 18(6) and (7) of this schedule or as calculated in accordance with Chapter 4 of this schedule.

Air emission limit values: carbon monoxide compliance

30

(1) The emission limit values for air, relating to carbon monoxide for waste incineration plants are complied with, where—

(a) at least 97% of the daily average values over the year do not exceed the emission limit value set out in paragraph 18(8)(a)(i) of this schedule, and

(b) at least 95% of all 10-minute average values taken in any 24- hour period or all of the half-hourly average values taken in the same period do not exceed the emission limit values set out in paragraph 18(8)(a)(ii) and (iii) of this schedule,

(2) In relation to sub-paragraph (1)(b), SEPA may apply an evaluation period of 7 days for the 10-minute average values, where the gas resulting from the incineration process is raised to a temperature of at least 1, 100°C for at least two seconds.

(3) The emission limit values for air, relating to carbon monoxide for waste co-incineration plants, are complied with where the provisions of Chapter 4 of this schedule are met.

Air emission limit values: determination of average values

31

(1) The following requirements apply to the determination of average values related to air emission limit values in paragraphs 29 and 30 of this schedule—

(a) half-hourly average values and the 10-minute averages must be determined within the effective operating time (excluding the start-up and shut-down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in paragraph 24(4) of this schedule,

(b) daily average values must be determined from the validated average values determined under sub-paragraph (a),

(c) in determining a valid daily average value, no more than five half-hourly average values in any day may be discarded due to malfunction or maintenance of the continuous measurement system,

(d) no more than ten daily average values per year may be discarded due to malfunction or maintenance of the continuous measurement system.

(2) For periodical measurements of HF, HCl and SO₂, average values over the sampling period, and the average values, must be determined in accordance with the requirements of paragraphs 5(1)(e), 7(c), and 24 of this schedule.

Water emission limit values

32

Emission limit values for water are to be regarded as complied with if—

(a) for total suspended solids 95% and 100% of the measured values do not exceed the respective emission limit values as set out in Chapter 5 of this schedule,

(b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than one measurement per year exceeds the emission limit values set out in Chapter 5 or, where authorisation conditions require more than 20 samples per year, no more than 5% of these samples exceed the emission limit values set out in Chapter 5 of this schedule,

(c) for dioxins and furans, the measurement results do not exceed the emission limit value set out in Chapter 5 of this schedule.

SCHEDULE23 — ORGANIC SOLVENT EMISSIONS ACTIVITIES

PART1 — Scope and Interpretation

Scope

1

(1) This schedule applies to organic solvent emissions activities.

(2) Paragraph 2 applies for the interpretation of—

(a) this schedule,

(b) the definition of organic solvent emissions activity.

Interpretation: organic solvent emissions activity

2

(1) An activity listed in column 1 of Table 1 is an organic solvent emissions activity if it is operated at or above the solvent consumption threshold (“SCT”) as described in column 2 of that table.

(2) An activity listed in Table 1 is deemed to be operated above the solvent consumption threshold if it is likely to be operated above that threshold in any period of 12 months.

(3) An activity listed in Table 1 includes the cleaning of equipment in respect of the activity but not, except for a surface cleaning activity, the cleaning of products.

(4) Where an activity listed in Table 1 is carried out in different parts of a stationary technical unit, or in different units on the same site, the capacities of each part or unit are added together and the total capacity attributed to each part or unit for the purpose of determining whether the activity is operated above the threshold.

Activity	SCT (tonnes/year)
1. Heatset web offset printing	15
2. Publication rotogravure	25
3(a). Other rotogravure, flexography, rotary screen printing (other than that described in 3(b)), laminating or varnishing units	15
3(b). Rotary screen printing on textiles or cardboard	30
4. Surface cleaning using substances that are hazard statement solvent substances	1
5. Other surface cleaning	2
6. Vehicle coating and vehicle refinishing	0.5
7. Coil coating	25
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating	5
9. Winding wire coating	5
10. Coating activity applied to wooden surfaces	15
11. Dry cleaning	0
12. Wood impregnation	25
13. Coating activity applied to leather	10
14. Footwear manufacture	5
15. Wood and plastic lamination	5
16. Adhesive coating	5
17. Manufacture of coating mixtures, varnishes, inks and adhesives	100
18. Rubber Conversion	15
19. Vegetable oil and animal fat extraction and vegetable oil refining activities	10
20. Manufacturing of pharmaceutical products	50

Interpretation: general

3

(1) In this schedule—

“adhesive” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product,

“adhesive coating” means any activity in which an adhesive is applied to a surface excluding the application of adhesive and laminating associated with printing activities,

“coating material” means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface,

“coating activity” means any activity in which a single or a multiple application of a continuous film of a coating material is applied (including a step in which the same article is printed using any technique) but does not include the coating of substrate with metals by electrophoretic and chemical spraying techniques,

“coil coating” means any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process,

“consumption” means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for re-use,

“contained conditions” means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are, therefore, not entirely fugitive,

“dry cleaning” means any industrial or commercial activity using volatile organic compounds in an installation to clean garments, furnishing and similar consumer goods excluding the manual removal of stains and spots in the textile and clothing industry,

“existing installation” means an installation in operation on 29 March 1999 or which was granted a permit or registered before 1 April 2001 or the authorised person of which submitted a complete application for a permit before 1 April 2001, provided that that installation was put in operation no later than 1 April 2002,

“flexography” means a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas and using liquid inks which dry through evaporation,

“footwear manufacture” means any activity of producing complete footwear or parts of footwear,

“heatset web offset printing” means a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where—the non-printing area is treated to attract water and reject ink,the printing area is treated to receive and transmit ink to the surface to be printed, andevaporation takes place in the oven where hot air is used to heat the printed material,

“ink” means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface,

“input” means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity,

“laminating associated to a printing activity” means the adhering together of 2 or more flexible materials to produce laminates,

“manufacturing of coating mixtures, varnishes, inks and adhesives” means the manufacture of coating mixtures, varnishes, inks and adhesives as final products and where carried out at the same site the manufacture of intermediates, by the mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including—dispersion and pre-dispersion activities,viscosity and tint adjustments, andoperations for filling the final product into its container,

“manufacturing of pharmaceutical products” means an activity that involves the—chemical synthesis,fermentation,extraction,formulation, orfinishingof pharmaceutical products, and where carried out at the same site, the manufacture of intermediate products,

“mixture” has the meaning given in Article 3(2) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC, 93/105/EC and 2000/21/EC,

“organic solvent” means any volatile organic compound which is used alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials, as a—cleaning agent to dissolve contaminants,dissolver,dispersion medium,viscosity adjuster,surface tension adjuster,plasticiser,preservative,

“other coating activities” means a coating activity applied to—metallic and plastic surfaces, including surfaces of airplanes, ships or trains,textiles or fabric,film and paper surfaces,

“printing activity” means any activity (not being a step in a coating activity) for reproducing text and/or images in which, with the use of an image carrier, ink is transferred onto any type of surface, including the use of associated varnishing, coating and laminating techniques,

“publication rotogravure” means a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks,

“re-use” means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste,

“rotary screen printing” means a web-fed printing activity in which liquid ink which dries only through evaporation is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off,

“rotogravure” means a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area and liquid inks which dry through evaporation in which the recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from those recesses,

“rubber conversion” means—any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber,any ancillary operations for converting natural or synthetic rubber into a finished product,

“start-up and shut-down operations” means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state,

“surface cleaning” means any activity, other than dry cleaning or the cleaning of equipment, using organic solvents to remove contamination from the surface of material including degreasing, and a cleaning activity consisting of more than one step before or after any activity is to be considered as one surface cleaning activity,

“total emissions” means the sum of fugitive emissions and emissions in waste gases,

“varnish” means a transparent coating material,

“varnishing” means an activity by which varnish or an adhesive coating material for the purpose of sealing the packaging material is applied to a flexible material,

“vegetable oil and animal fat extraction and vegetable oil refining activities” means any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter or animal matter,

“vehicle category” has the meaning given in article 4 of Regulation 2018/859 of the European Parliament and Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles,

“vehicle coating” means—the original coating of road vehicles in the vehicle category M and N, or part of them,the original coating of trailers (including semi-trailers) in the vehicle category O,

“vehicle refinishing” means any industrial or commercial coating activity and associated degreasing activities performing—the original coating of road vehicles, or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line,the coating of trailers (including semi-trailers) in the vehicle category O,

“waste gases” means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air,

“web-fed” means that the material to be printed is fed to the machine from a reel as distinct from separate sheets,

“winding wire coating” means any coating activity of metallic conductors used for winding the coils in transformers and motors etc.,

“wood and plastic lamination” means any activity to adhere together wood or plastic to produce laminated products,

“wood impregnation” means any activity giving a loading of preservative in timber.

(2) In this schedule, “fugitive emissions” means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless excluded by sub-paragraph (3).

(3) Fugitive emissions do not include—

(a) in relation to heatset web offset printing, solvent residue in finished product or products,

(b) in relation to the manufacture of coating, mixture, varnishes, inks and adhesives, solvent sold as part of a coatings mixture in a sealed container.

(d) in relation to the manufacture of pharmaceutical products, solvent sold as part of products or mixtures in a sealed container.

(4) In this schedule, “hazard statement solvent substance” means a substance or mixture which is classified as a carcinogen, mutagen or as toxic to reproduction under Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending an repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, where the contents include—

(a) a volatile organic compound, which is assigned or needs to carry the hazard statements H340, H350, H350i, H360D and H360F, or

(b) a halogenated volatile organic compound, which is assigned or needs to carry the hazard statements H341 and H351.

PART2 — Amendments to common framework provisions

Applications for authorisations

4

An application for an authorisation for an organic solvents emission activity must, in addition to any other requirements imposed by the Regulations, include a description of the measures which are expected to ensure that the installation is designed and equipped, and the activity will be conducted in a manner that will ensure the requirements of these Regulations are met, including—

(a) details of any reduction scheme the authorised person intends to use and a timetable for replacing as far as possible and within the shortest possible time any hazard statement solvent substance included in paragraph 3(4)(a) of this schedule to be used in the activity with less harmful compounds,

(b) for the volatile organic compounds referred in paragraph 3(4)(a) of this schedule, and the halogenated volatile organic compounds in paragraph 3(4)(b) of this schedule to be used in the activity, how the emission limit values in paragraph 7 and 8 of this schedule will be complied with.

Authorisation conditions: substitution of hazardous substances

5

SEPA must ensure that an authorisation for organic solvents emissions activities includes such conditions as it considers appropriate to ensure that hazard statement solvent substances in paragraph 3(4)(a) of this schedule are replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Authorisation conditions: control of emissions

6

(1) SEPA must ensure that an authorisation for organic solvents emissions activities includes such conditions as it considers appropriate to ensure—

(a) that the emission of volatile organic compounds from an installation does not exceed—

(i) the emission limit values in waste gases and the fugitive emission limit values,

(ii) the total emission limit values, and

(b) that the activity complies with paragraphs 13 and 14 of this schedule where applicable.

(2) Sub-paragraph (1) does not apply where the authorised person has satisfied SEPA that—

(a) they have complied with the requirements of a reduction scheme set out in paragraphs 19 and 20 of this schedule, and

(b) an equivalent emissions reduction has been achieved as compared to that which would have been achieved through the application of the emission limit values referred to in sub-paragraph (1)(a).

(3) Where sub-paragraph (1) does not apply as a result of sub-paragraph (2), SEPA must ensure that the authorisation for the organic solvents emissions activity includes such conditions as it considers appropriate to ensure that an equivalent emissions reduction is achieved to that which would be achieved through the application of sub-paragraph (1).

(4) The emission limit values in sub-paragraph (1)(a) may be exceeded where, in the opinion of SEPA, in relation to a particular installation—

(a) the emission limit value for fugitive emissions is not technically and economically feasible,

(b) exceeding the emission limit values will not result in significant risks to human health or the environment, and

(5) Sub-paragraphs (1) and (2) do not apply in relation to coating activities (activity 8), which cannot be carried out under contained conditions where, in the opinion of SEPA—

(a) compliance with the requirements of sub-paragraph (1) or (2) is not technically and economically feasible, and

(b) best available techniques are being used.

Authorisation conditions: control of emissions of hazard statement solvent substances

7

(1) SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers appropriate to ensure that emissions of hazard statement solvent substances—

(a) are controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment, and

(b) do not exceed emission limit values of—

(i) 2 mg/Nm³ where the mass flow of the mass sum of the individual hazard statement solvent substances referred to in paragraph 3(4)(a) of this schedule is equal to, or greater than 10 g/h,

(ii) 20 mg/Nm³ where the mass flow of the mass sum of the individual hazard statement solvent substances referred to in paragraph 3(4)(b) of this schedule is equal to or greater than 100 g/h.

(2) The emission limit values in sub-paragraph (1)(b) refer to the mass sum of the individual hazard statement solvent substances.

Authorisation conditions: aggregation

8

SEPA must ensure that an authorisation for an organic solvent emission activity includes such conditions as it considers appropriate to ensure that for installations where two or more organic solvent emissions activities are carried out, each of which exceeds the thresholds in Table 1—

(a) in relation to hazard statement solvent substances specified in paragraph 7 of this schedule, the requirements of that paragraph are met for each activity individually,

(b) in relation to all other substances—

(i) the requirements of paragraph 6 of this schedule are met for each activity individually, or

(ii) the total emissions of volatile organic compounds do not exceed those which would have resulted had head (i) not been applied.

Authorisation conditions: start-up and shut-down

9

SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers appropriate to ensure that all appropriate precautions are taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.

Authorisation conditions: monitoring of emissions

10

(1) SEPA must ensure that an authorisation for an organic solvent emission activity includes such conditions as it considers appropriate to ensure that measurements of emissions are carried out in accordance with the requirements in sub-paragraph (2).

(2) the requirements are that—

(a) continuous monitoring for compliance of the waste gas emissions is required where—

(i) abatement equipment is connected prior to the final point of discharge, and

(ii) the final discharge contains more than an average of 10 kg/h of total organic carbon,

(b) in cases other than that in sub-paragraph (a)—

(i) monitoring may be continuous or periodic,

(ii) where monitoring is periodic, at least three measurement values are to be obtained during each measurement exercise,

Compliance: emissions

11

SEPA must regard emission limit values in waste gases as having been complied with where—

(a) in the case of continuous measurements—

(i) none of the arithmetic averages of all valid readings taken during any 24-hour period of operation of an installation or activity except start-up and shut-down operations and maintenance of equipment exceeds the emission limit values,

(ii) none of the hourly averages exceeds the emission limit values by more than a factor of 1.5,

(b) in the case of periodic measurements if, in one monitoring exercise—

(i) the average of all the measurement values does not exceed the emission limit values,

(ii) none of the hourly averages exceeds the emission limit value by more than a factor of 1.5,

(c) compliance with conditions imposed under paragraph 7 of this schedule are to be verified on the basis of the sum of the mass concentrations of the individual volatile organic compounds concerned,

(d) for all other cases, compliance is to be verified on the basis of the total mass of organic carbon emitted unless otherwise specified in paragraph 13 of this schedule,

(e) gas volumes may be added to the waste gas for cooling or dilution purposes where technically justified but is not to be considered when determining the mass concentration of the pollutant in the waste gas.

Compliance: collection and reporting of data

12

(1) SEPA must ensure that an authorisation for an organic solvent emissions activity includes such conditions as it considers necessary to ensure that the following records are kept in order to verify compliance with authorisation conditions—

(a) emission limit values in waste gases, fugitive emission limit values, and total emission limit values,

(b) the requirements of the reduction scheme under paragraphs 19 and 20 of this schedule,

(d) if applicable, a solvent management plan prepared in accordance with paragraphs 16 to 18 of this schedule.

(2) Records referred to in sub-paragraph (1) are to be kept for a period of 6 years.

Compliance: emission limit values

13

(1) Emission limit values for solvent emissions activities are to be determined in accordance with Table 2—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.