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

Activity	Threshold (solvent consumption threshold in tonnes/year)	Emission limit values in waste gases (mg C/Nm³)	Fugitive emission limit values (percentage of solvent input)	Total Emission Limit Values
(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.	(1)Emission limit values (1) and (2) refer to mass of compounds in mg/Nm³ and not to total carbon.
(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.	(2)Installations which demonstrate to SEPA that the average organic solvent content of all cleaning material used does not exceed 30% by weight are exempt from application of the emission limit values for this activity.
(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.	(3)Compliance with paragraph 9(2) of this schedule is to be demonstrated based on 15 minute average measurements.
(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.	(4)Coating activities which cannot be carried out under contained conditions (e.g., shipbuilding, aircraft painting) may be exempt from the emission limit values for this activity.
(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.	(5)The emission limit values in paragraph 7(1)(b)(ii) of this schedule do not apply to this activity.
(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.	(6)Does not apply for impregnation with creosote.
(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.	(7)Total emission limit values for installations processing individual batches of seeds and other vegetable matter are to be determined by SEPA on a case-by-case basis applying the best available techniques.
1. Heatset web offset printing	1. 15 -252. >25	1. 1002. 20	1. 302. 30
2. Publication rotogravure		75	New installations: 10Existing: 15
3(a). Other rotogravure, flexography, rotary screen printing (other than that described in 3(b)), laminating or varnishing units	1. 15-252. >25	1. 1002. 100	1. 252. 20
3(b). Rotary screen printing on textiles or cardboard	1. >30	100	20
4. Surface cleaning using substances that are hazard statement solvent substances	1. 1-52. >5	1. 202. 20[^f01043]	1. 152. 10
5. Other surface cleaning [^f01044]	1. 2-102. >10	1. 752. 75	1. 202. 15
6. Vehicle coating (<15) and vehicle refinishing	>0.5	50 [^f01045]	25
7. Coil coating		1. Installations using techniques allowing the reuse of recovered solvents: 150	New installations: 5Existing installations: 10
7. Coil coating		2. All other installations: 50	New installations: 5Existing installations: 10
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	1. 100 (coating application and drying processes operated under contained conditions)	1. 252. 20
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	2. 50 (drying)75 (coating application processes)	1. 252. 20
8. Other coating activities, including metal, plastic, textiles (except rotary screen printing on textiles), fabric, film and paper coating [^f01046]	1. 5-152. >15	Textile coating installations which use techniques which allow reuse of recovered solvents: 150	1. 252. 20
9. Winding wire coating				Installations where diameter of wire ≤ 0.1 mm: 10 g/kg
9. Winding wire coating				All other installations: 5 g/kg
10. Coating activity applied to wooden surfaces	1. 15 -252. >25	1. 100 (coating application and drying processes under contained conditions)	1. 252. 20
10. Coating activity applied to wooden surfaces	1. 15 -252. >25	2. Drying processes: 50Coating processes: 75	1. 252. 20
11. Dry cleaning[^f01047]				Mass of solvent emitted per kilogram of product cleaned and dried: 20 g/kg
11. Dry cleaning[^f01047]				Paragraph 7(2)(b) does not apply to this activity.
12. Wood impregnation		100 [^f01048]	45	11 kg/m³
13. Coating activity applied to leather	1. 10-252. > 253. >10 (for leather coating activities in furnishing and particular leather goods used as small consumer goods)			1. 85 g/m²2. 75 g/m²3. 150 g/m²
14. Footwear manufacture				25 g per pair
15. Wood and plastic lamination			30 g/m²
16. Adhesive coating	1. 5-152. >15	1. 502. 50For both: 150 where techniques are used which allow reuse of recovered solvent.	1. 252. 20
17. Manufacture of coating mixtures, varnishes, inks and adhesives	1. 100-10002. >1000	1. 1502. 150	1. 52. 3	1. 5% of solvent input2. 3% of solvent input
18. Rubber Conversion		20Where techniques are used which allow reuse of recovered solvent: 150	25	25% of solvent input
19. Vegetable oil and animal fat extraction and vegetable oil refining activities				1. Animal fat: 1.5 kg/tonne2. Castor: 3 kg/ tonne3. Rape seed: 1 kg/tonne4. Sunflower seed: 1 kg/tonne5. Soya beans (normal crush): 0.8 kg/tonne6. Soya beans (white flakes): 1.2 kg/tonne7. Other seeds and other vegetable matter: 3 kg/tonne[^f01049]8. Fractionation processes excluding de-gumming (the removal of gums from the oils): 1.5 kg/tonne9. De-gumming: 4 kg/tonne
20. Manufacturing of pharmaceutical products		20If techniques are used which allow reused of recovered solvent: 150	New installations: 5Existing installations: 15	New installations: 5% of solvent inputExisting installations: 15% of solvent input

(2) All emission limit values in waste gases are to be calculated at a temperature of 273.15K and a pressure of 101.3kPa.

Emission limit values: vehicle coating industry

14

(1) Emission limit values for installations in the vehicle coating industry are to be calculated in accordance with this paragraph.

(2) Total emission limit values are expressed in terms of grams of organic solvent emitted in relation to the surface area of product in square metres and in kilograms of organic solvent emitted in relation to the car body.

(3) The surface area of any product included in Table 3 is defined as the surface area calculated from the total electrophoretic coating area, and the surface area of any parts that might be added in successive phases of the coating process which are coated with the same coatings as those used for the product in question, or the total surface area of the product coated in the installation.

(4) The surface of the electrophoretic coating area is calculated using the following formula—

$2×total weight of product shellaverage thickness of metal sheet×density of metal sheet$

(5) The method in sub-paragraph (4) is to be applied for other coated parts made out of sheets.

(6) Computer aided design or other equivalent methods are to be used to calculate the surface area of the other parts added, or the total surface area coated in the installation.

(7) The total emission limit values in Table 3 below refer to all process stages carried out at the same installation from electrophoretic coating, or any other kind of coating process, through to the final wax and polish of top-coating inclusive, as well as solvent used in cleaning of process equipment, including spray booths and other fixed equipment, both during and outside of production time.

(8) Vehicle coating installations below the solvent consumption thresholds mentioned in Table 3 must meet the requirements for the vehicle refinishing sector set out in Table 2—

Activity (solvent consumption threshold in tonnes/year)	Production threshold (refers to annual production of coated item)	*Total EmissionNew installations***	*Limit ValueExisting installations***
Coating of new cars (>15)	>5000	45 g/m² or 1.3 kg/body + 33 g/m²	60 g/m² or 1/9 kg/body + 41 g/m²
	≤ 5000 monocoque or > 3500 chassis-built	90 g/m² or 1.5 kg/body + 70 g/m²	90 g/m2 or 1.5 kg/body + 41 g/m²
		Total emission limit	Value (g/m²)
Coating of new	≤ 5000	65	85
truck cabins (>15)	>5000	55	75
Coating of new vans	≤ 2500	90	120
and trucks (>15)	<2500	70	90
Coating of new	≤ 2000	210	290
Buses (>15)	>2000	150	225

Authorisations: substantial change

15

(1) A substantial change cannot be made in the absence of an authorisation variation.

(2) Where a solvents installation has obtained an authorisation variation required as a result of a substantial change, SEPA must confirm compliance of the installation with the requirements of this schedule by means of an environmental inspection.

PART3 — Solvent management plans and reduction schemes

Solvent management plans: requirements

16

(1) A solvent management plan is to be used to—

(a) verify compliance in accordance with paragraph 11 and 13 of this schedule,

(b) identify future reduction options,

(c) enable the provision of information on solvent consumption, solvent emissions and compliance with the requirements of this schedule to the public.

(2) SEPA must ensure that authorisations for organic solvents activities contain conditions as it considers appropriate to ensure that a solvent management plan is used in accordance with the requirements in sub-paragraph (1).

Solvent management plans: interpretation

17

For the purposes of this Part—

(a) In relation to inputs of organic solvents (I)—

“I1” refers to the quantity of organic solvents or their quantity in mixtures purchased which are used as input into the process in the time frame over which the mass balance is being calculated,

“I2” refers to the quantity of organic solvents or their quantity in mixtures recovered and reused as solvent input into the process. The recycled solvent is counted every time it is used to carry out the activity,In relation to outputs of organic solvents (O)—

“O1” refers to emissions in waste gases,

“O2” refers to organic solvents lost in water, taking into account wastewater treatment when calculating O5,

“O3” refers to the quantity of organic solvents which remains as contamination or residue in products output from the process,

“O4” refers to uncaptured emissions of organic solvents into air. This includes the general ventilation of rooms, where air is released to the outside environment via windows, doors, vents and similar openings,

“O5” refers to organic solvents and/or organic compounds lost due to chemical or physical reactions (including those which are destroyed, by incineration or other waste gas or wastewater treatments, or captured, as long as they are not counted under O6, O7 or O8),

“O6” refers to organic solvents contained in collected waste,

“O7” refers to organic solvents, or organic solvents contained in mixtures, which are sold or are intended to be sold as a commercially valuable product,

“O8” refers to organic solvents contained in mixtures recovered for reuse but not as input into the process, as long as not counted under O7,

“O9” refers to organic solvents released in other ways.

Use of solvent management plans for verification of compliance

18

(1) The use made of a solvent management plan is to be determined by the particular requirement that is to be verified in accordance with this paragraph.

(2) The verification of compliance with a reduction scheme as set out in paragraphs 19 and 20 of this schedule, with a total emission limit value expressed in solvent emissions per unit product, or as otherwise stated in paragraphs 13 and 14 of this schedule, is as stated in this sub-paragraph—

(a) for all activities using the reduction scheme set out in paragraphs 19 and 20 of this schedule—

(i) the solvent management plan must be drawn up annually to determine the consumption (C),

(ii) consumption (C) is to be calculated according to the following equation—

$C=I1-O8$

(iii) a parallel exercise must also be undertaken to determine solids used in coating to derive the annual reference emission and the target emission each year,

(b) for assessing compliance with a total emission limit value expressed in solvent emissions per unit product or otherwise stated in paragraphs 13 and 14 of this schedule—

(i) the solvent emission plan must be drawn up annually to determine the emissions (E),

(ii) emissions (E) are to be calculated according to the following equation—

$E=F±O1$

(iii) F refers to fugitive emissions,

(iv) the emission figure must then be divided by the relevant product parameter.

(c) For assessing compliance with the requirements of paragraphs 6 and 7 of this schedule, the solvent management plan must be drawn up annually to determine total emissions from all activities concerned, and that figure is then to be compared with the total emissions that would have resulted had the requirements of paragraphs 13, 14, 19 and 20 of this schedule been met for each activity separately.

(3) The determination of fugitive emissions for comparison with the fugitive emission limit values in paragraph 13 of this schedule is as stated in this sub-paragraph—

(a) fugitive emissions are to be calculated by one of the following equations—

(i) F = I1 – O1 – O5 – O6 – O7 – O8,

(ii) F = O2 + O3 + O4 + O9,

(iii) F is to be determined by direct measurement of the quantities or by an equivalent method or calculation such as using the capture efficiency of the process,

(iv) fugitive emission limit value is expressed as a proportion of the input which is to be calculated by the following equation—

I = I1 + I2,

(b) determination of fugitive emissions is to be done by a short but comprehensive set of measurements and does not need to be done again unless equipment is modified.

Reduction schemes: authorisation

19

SEPA may authorise by way of appropriate conditions any reduction scheme specially designed for a solvents installation.

Reduction schemes: principles and requirements

20

(1) A reduction scheme for applying coatings, varnishes, adhesives or inks must take the following into account—

(a) where substitutes containing little or no solvent are still under development, a time extension must be granted to the authorised person to implement the emission reduction plans,

(b) the reference point for emission reductions should correspond as closely as possible to the emissions which would have resulted had no reduction action been taken.

(2) The reduction scheme for installations for which a constant solid content of product can be assumed is as follows—

(a) the annual reference emission is calculated as follows—

(i) the total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in a year is determined,

(ii) for the purposes of sub-paragraph (i), solids are all materials in coatings, inks, varnishes and adhesives that become solid once the water or the volatile organic compounds are evaporated,

(iii) the annual reference emissions are calculated by multiplying the mass determined in (i) by the appropriate factor listed in Table 4 below,

(iv) SEPA may adjust these factors for individual installations to reflect documented increased efficiency in the use of solids,

Activity	Multiplication factor for use in sub-paragraph (2)(a)(iii)
Rotogravure printing, flexography printing, laminating as part of a printing activity, varnishing as part of a printing activity, wood coating, coating of textiles, fabric film or paper, adhesive coating	4
Coil coating, vehicle refinishing	3
Food contact coating, aerospace coatings	2.33
Other coatings and rotary screen printing	1.5

(b) the target emission is equal to the annual reference emission multiplied by a percentage equal to—

(i) (the fugitive emission limit value + 15), for installations falling within item 6 and the lower threshold band of items 8 and 10 in Table 2,

(ii) (the fugitive emission limit value + 5) for all other installations,

(c) compliance is achieved if the actual solvent emission determined from the solvent management plan is less than or equal to the target emission.

(3) SEPA may authorise by way of appropriate conditions any alternative scheme that will result in equivalent emission reductions to those that would have achieved with by the application of the emission limit values in paragraphs 13 or 14 of this schedule.

SCHEDULE24 — TITANIUM DIOXIDE ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to titanium dioxide activities,

(2) A “titanium dioxide activity” means—

(a) a schedule 20 emissions activity producing titanium dioxide,

(b) an organic solvent emissions activity producing titanium dioxide.

PART2 — Amendments to the common framework provisions

Authorisation conditions: disposal of waste

2

SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure the prohibition of the disposal into the water environment of any of the following waste—

(a) Solid waste,

(b) the mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process, including, but not limited to—

(i) the acid waste associated with such liquors, containing overall more than 0.5% free sulphuric acid and various heavy metals, and

(ii) mother liquors which have been diluted until they contain 0.5% or less free sulphuric acid,

(c) waste from installations applying the chloride process containing more than 0.5% free hydrochloric acid and various heavy metals, including such waste which has been diluted until it contains 0.5% or less free hydrochloric acid,

(d) filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste mentioned under sub-paragraphs (b) and (c) and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5.5.

Emissions: water

3

(1) SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure that emissions into water from installations do not exceed the emission limit values set out in this paragraph.

(2) Emissions from installations using the sulphate process, as an annual average, must not exceed 550 kilograms of sulphate per tonne of titanium dioxide produced.

(3) Emissions from installations using the chloride process, as an annual average must not exceed—

(a) 130 kilograms of chloride per tonne of titanium dioxide produced using neutral rutile,

(b) 228 kilograms of chloride per tonne of titanium dioxide produced using synthetic rutile,

(d) this sub-paragraph applies where installations discharge waste into salt water (estuarine, coastal, open sea),

(e) where sub-paragraph (d) applies, installations may be subject to an emission limit value of 450 kilograms of chloride per tonne of titanium dioxide produced using slag.

(4) For installations using—

(a) the chloride process, and

(b) more than one type of ore,

the emissions limit values in sub-paragraph (3) apply in proportion to the quantity of ores used.

Emissions: air

4

(1) SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure—

(a) the prevention of the emission of acid droplets from installations,

(b) that emissions into air from installations do not exceed the emission limit values set out in sub-paragraphs (2) to (5).

(2) Emissions for dust must not exceed—

(a) 50 mg/Nm³ as an hourly average from major sources,

(b) 150 mg/Nm³ as an hourly average from any other source.

(3) Emissions for gaseous sulphur dioxide and trioxide discharged from digestion and calcination—

(a) 6 kilograms per tonne of titanium dioxide produced as an annual average,

(b) 500 mg/Nm³ as an hourly average for plants for the concentration of waste acid.

(4) The emission limit values in sub-paragraph (3) include acid droplets calculated as a sulphur dioxide equivalent.

(5) Emissions for chlorine in the case of installations using the chloride process must not exceed—

(a) 5 mg/Nm³ as a daily average,

(b) 40 mg/Nm³ at any time.

(6) Emissions limit values in this paragraph expressed in mass per cubic meter (Nm³) are to be calculated at a temperature of 273.15K and a pressure of 101.3kPa.

Emissions: monitoring and compliance

5

SEPA must ensure that an authorisation for a titanium dioxide activity includes such conditions as it considers appropriate to ensure—

(a) the monitoring to verify compliance with permit conditions of—

(i) emissions into water,

(ii) emissions into air,

(b) the reporting of the resulting of monitoring referred to in sub-paragraph (a),

(i) gaseous sulphur dioxide and trioxide discharged from digestion and calcination from plants for the concentration of waste acid in installations using the sulphate process,

(ii) chlorine from major sources within installations using the chloride process,

(iii) dust from major sources,

(d) that monitoring is carried out in accordance with—

(i) relevant British or CEN standards, or

(ii) where relevant British or CEN standards are not available, ISO or other international standards which ensure the provision of data or an equivalent scientific quality.

SCHEDULE25 — ENERGY EFFICIENCY REQUIREMENTS FOR SPECIFIED ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to a specified activity.

(2) Paragraphs 2 and 3 apply for the interpretation of—

(a) this schedule,

(b) the definition of a specified activity.

Interpretation: specified activity

2

(1) A “specified activity” means a regulated activity—

(a) first carried on, or carried on at a plant or installation that was substantially refurbished, after 30 October 2014, and

(b) included in sub-paragraph (2) and meeting the condition in sub-paragraph (3), or included in sub-paragraph (4), subject to the exemptions in paragraph 3 of this schedule.

(2) The activities are—

(a) operating a large combustion plant,

(b) waste incineration or waste co-incineration at a waste incineration plant or waste co-incineration plant,

(d) burning any fuel in combustion plants which generate electricity on the same site with an aggregated rated thermal input of 1 MW or more as described in paragraph 1 of Chapter 1 of Part 3 of schedule 26.

(3) The condition is that the activities in sub-paragraph (2) must—

(a) generate electricity and have a rated thermal input exceeding 20 MW, or

(b) where more than one activity in sub-paragraph (2) is operated in the same place, the activities must have a total rated thermal input exceeding 20 MW.

(4) An industrial emissions activity or other emissions activity with a rated thermal input exceeding 20 MW, which—

(a) generates waste heat at a useful temperature level, or

(b) forms part of a new or existing district heating or cooling network.

Specified activity: exemptions

3

(1) A specified activity does not include—

(a) peak load and back-up electricity generating installations which operate or are planned to operate under 1,500 operating hours per year as a rolling average over a period of five years,

(b) installations that need to be located close to a geological storage site for which a licence has been granted under section 18 of the Energy Act 2008,

(c) except where the installation or plant forms part of a new or existing district heating and cooling network, the activities in paragraph 2(2) of this schedule carried on at an individual installation or plant, with any of the following—

(i) available waste heat of 100 kilowatts or less,

(ii) available waste heat—

(aa) greater than 100 kilowatts as hot water or steam, where there is no hot water heat demand greater than 100 kilowatts within the search radius from the source installation as set out in Table 1, located within the connection distance from the centre of the source installation, or

(bb) greater than 500 kilowatts as steam where there is no steam-based heat demand greater than 500 kilowatts within the search radius from the centre of the installation as set out in Table 1, located within the connection distance from the centre of the source installation,

(iii) a heat demand of—

(aa) 100 kilowatts or less for a hot water heat demand,

(bb) 500 kilowatts or less for a steam-based heat demand,

(iv) a hot water heat demand greater than 100 kilowatts, with no source of available waste heat greater than 100 kilowatts within the search radius from the centre of the demand installation as set out in Table 1, located within the connection distance from the centre of the demand installation, or

(v) a steam-based heat demand greater than 500 kilowatts, with no source of steam-based waste heat greater than 500 kilowatts within the search radius from the centre of the installation as set out in Table 1, located within the connection distance from the centre of the demand installation,

(2) Where this schedule does not apply to an activity as a result of sub-paragraph (1)(a) or (c), SEPA must take appropriate steps to verify that the exemption criteria are met.

(3) For the purposes of this paragraph—

“connection distance” means—in the case of a hot water link, the thermal capacity in kilowatts of the source or demand, which is smaller, multiplied by 0.0038,in the case of steam heat link, the thermal capacity in kilowatts of the source or demand, which is smaller, multiplied by 0.0012,expressed in kilometres,

“substantially refurbished” means a refurbishment whose cost exceeds 50% of the investment cost for a new comparable unit.TABLE 1Search radiusInstallation typeThermal Capacity of heat source/demandSearch radius (kilometres), measured from the centre of the installationHot water demand>100 kilowatts and <3.9 megawatts0.0038 x H, where H = thermal capacity in kilowatts≥3.9 megawatts15Steam demand>500 kilowatts and <12.5 megawatts0.0012 x H, where H = thermal capacity in kilowatts≥ 12.5 megawatts15Waste heat source (hot water or steam)>100 kilowatts and <3.9 megawatts0.0038 x H = thermal capacity in kilowatts≥3.9 megawatts15

Interpretation: general

4

In this schedule—

“cogeneration” means the simultaneous generation in one process of thermal energy and electrical or mechanical energy,

“cogeneration unit” means a unit that is able to operate in cogeneration mode,

“cost-benefit analysis” means a cost-benefit analysis carried out in accordance with paragraph 7 of this schedule,

“economically justifiable demand” means a demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration,

“electricity from cogeneration” means electricity generated in a process linked to the production of useful heat and calculated in accordance with the methodology in this schedule,

“energy” means all forms of energy products, combustible fuels, heat, renewable energy, electricity, or any other form of energy,

“energy savings” means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of an energy efficiency improvement measure, whilst ensuring normalisation for external conditions that affect energy consumption,

“micro-cogeneration unit” means a cogeneration unit with a maximum capacity below 50 kWe,

“overall efficiency” means the annual sum of electricity and mechanical energy production and useful heat output divided by the fuel input used for heat produced in a cogeneration process and gross electricity and mechanical energy production,

“power to heat ratio” means the ratio of electricity from cogeneration to useful heat when operating in full cogeneration mode using operational data of the specific unit,

“refurbishment” does not include the fitting of equipment to capture carbon dioxide produced by a combustion installation for the purposes of geological storage,

“small-scale cogeneration unit” means a cogeneration unit with installed capacity below 1 MW,

“unit” means any boilers, furnaces, turbines or compression ignition engines forming part of an installation which added together have a rated thermal input of more than 20 megawatts.

Interpretation: high-efficiency cogeneration

5

In this schedule, “high efficiency cogeneration” means cogeneration meeting the criteria in sub-paragraph (a) whilst using one of the cogeneration technologies in sub-paragraph (b)—

(a) the criteria are—

(i) cogeneration production from cogeneration units must provide primary energy savings calculated in accordance with paragraphs 9, 10 and 11 of this schedule of at least 10% compared with the references for separate production of heat and electricity, or

(ii) production from small-scale and micro-cogeneration units providing primary energy savings where SEPA determines that they qualify as high-efficiency cogeneration,

(b) the cogeneration technologies are—

(i) combined cycle gas turbine with heat recovery,

(ii) steam back pressure turbine,

(iii) steam condensing extraction turbine,

(iv) gas turbine with heat recovery,

(v) internal combustion engine,

(vi) microturbines,

(vii) stirling engines,

(viii) fuel cells,

(ix) steam engines,

(x) organic Rankine cycles,

(xi) any other types of technology or combination of technologies comprising cogeneration.

PART2 — Amendment of common framework provisions

Cost-benefit analysis

6

(1) An application for an authorisation for a specified activity must include a cost-benefit analysis unless sub-paragraph (2) applies.

(2) This sub-paragraph applies where a comprehensive national assessment and any associated cost-benefit analysis has demonstrated that a site-specific cost-benefit analysis is unlikely to be positive.

(3) The cost-benefit analysis must be carried out in accordance with paragraph 7 of this schedule and must—

(a) in the case of a specified activity included in paragraph 2(2) of this schedule, assess the costs and benefits of operating the installation or converting the installation to operate as a high-efficiency cogeneration installation,

(b) in the case of a specified activity included in paragraph 2(4) of this schedule at an installation or plant which forms part of a new or existing district heating and cooling network, assess the costs and benefits of utilising the waste heat from nearby industrial installations,

(c) in the case of a specified activity included in paragraph 2(4) of this schedule generating waste heat at a useful temperature, assess the costs and benefits of utilising the waste heat to satisfy economically justifiable demand, including through cogeneration, and of the connection of that installation to a district heating and cooling network.

(4) A cost-benefit analysis may be prepared cooperatively by the authorised person for the specified activity and the operator of the heating and cooling network.

(5) SEPA may require, by notice, that the cost-benefit analysis be prepared cooperatively with the operator of the heating and cooling network and a notice under this sub-paragraph is to be treated for the purposes of these Regulations as a notice issued under regulation 37.

Cost-benefit analysis: principles

7

SEPA must ensure that a cost-benefit analysis under this schedule is conducted in accordance with the following principles—

(a) where an electricity-only installation or plant, or an installation or plant without heat recovery is planned, a comparison must be made between the planned installations or plants, or the planned refurbishment and an equivalent installation or plant producing the same amount of electricity or process heat but recovering the waste heat and supplying heat through high-efficiency cogeneration and/or district heating and cooling networks,

(b) within a given geographical boundary the assessment must take into account the planned installation or plant and any appropriate existing or potential heat demand points that could be supplied from it, taking into account rational possibilities (for example, technical feasibility and distance),

(c) the system boundary set must include the planned installation or plant and the heat loads, such as building(s) and industrial process, within this system boundary the total cost of providing heat and power must be determined for both cases and compared,

(d) heat loads must include existing heat loads, such as an existing installation or plant, or an existing district heating system, and also, in urban areas, the heat load and costs that would exist if a group of buildings or part of a city were provided with and/or connected into a new district heating network,

(e) the cost-benefit analysis must be based on a description of the planned installation or plant and the comparison installation(s) or plants, covering electrical and thermal capacity, as applicable, fuel type, planned usage and the number of planned operating hours annually, location and electricity and thermal demand,

(f) for the purpose of the comparison, the thermal energy demand and the types of heating and cooling used by the nearby heat demand points must be taken into account, the comparison must cover infrastructure related costs for the planned and comparison installation or plant,

(g) cost-benefit analyses must include an economic analysis covering a financial analysis reflecting actual cash flow transactions from investing in and operating individual installations or plants,

(h) projects with positive cost-benefit outcome are those where the sum of discounted benefits in the economic and financial analysis exceeds the sum of discounted costs (cost-benefit surplus),

(i) SEPA must set guiding principles for the methodology, assumptions and time horizon for the economic analysis.

Determination of applications

8

(1) When considering an application for an authorisation, or a variation of an authorisation for a specified activity, SEPA must take into account—

(a) the outcome of the cost-benefit analysis required by paragraph 6 of this schedule,

(b) the outcome of any comprehensive national assessment carried out in compliance with Article 14(1) of Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency.

(2) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(a) or (c) of this schedule shows that benefits exceed costs,SEPAmust ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity in a manner shown by that analysis to be cost beneficial.

(3) Where a cost-benefit analysis required in the case referred to in paragraph 6(4)(b) of this schedule shows that benefits exceed costs,SEPAmust ensure that the authorisation includes conditions that will ensure the carrying on of the specified activity of the installation, in conjunction with the utilisation of the waste heat from nearby industrial installations or plants, in a manner shown by that analysis to be cost beneficial.

(4) Sub-paragraphs (2) and (3) do not apply ifSEPAdecides that there are imperative reasons of law, ownership or finance for them not to apply in respect of any application for or variation to an authorisation.

(5) SEPAmust, in any case where it makes a decision in accordance with sub-paragraph (4), submit a reasoned notification of it to the Scottish Ministers within two months after the date of the decision.

General principles for the calculation of electricity from cogeneration

9

(1) Values used for the calculation of efficiency of cogeneration and primary energy savings for units other than micro-cogeneration units are to be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(2) For micro-cogeneration units the calculation may be based on certified values.

(3) Electricity production from cogeneration is to be considered equal to total annual electricity production of the unit measured at the outlet of the main generators for—

(a) high efficiency cogeneration units falling under sub-heads (ii), (iv), (v), (vi), (vii) and (viii) in paragraph 5(b) of this schedule with an annual overall efficiency of at least 75%,

(b) high efficiency cogeneration units falling under heads (i) and (iii) of paragraph 5(b) with an annual overall efficiency of at least 80 %.

(4) For cogeneration units with an annual overall efficiency below that specified in sub-paragraph (3), cogeneration is to be calculated according to the following formula—

$ECHP=HCHP×C$

(5) In sub-paragraph (4)—

(a) ECHP is the amount of electricity from cogeneration,

(b) C is the power to heat ratio,

(c) HCHP is the amount of useful heat from cogeneration, calculated for this purpose as total heat production minus any heat produced in separate boilers or by live steam extraction from the steam generator before the turbine.

(6) Where actual power to heat ratio is not known for the high efficiency cogeneration units listed in Table 2, the default power to heat ratio values in Table 2 may be used where the calculated cogeneration electricity is less or equal to total electricity production of the unit—

Type of Unit	Default power to heat ration, C
Combined cycle gas turbine with heat recovery	0.95
Steam back pressure turbine	0.45
Steam condensing extraction turbine	0.45
Gas turbine with heat recovery	0.55
Internal combustion engine	0.75

(7) Where a share of the energy content of the fuel input to the cogeneration process is recovered in chemicals and recycled this share can be subtracted from the fuel input before calculating overall efficiency in sub-paragraphs (3) and (4).

(8) SEPA may determine the power to heat ratio as the ratio of electricity to useful heat when operating in cogeneration mode at a lower capacity using operational data of the specific unit.

(9) SEPA may use reporting periods other than annually for the purpose of calculating overall efficiency in sub-paragraphs (3) and (4).

Determining the efficiency of the cogeneration process

10

(1) Values used for calculation of efficiency of cogeneration and primary energy savings are to be determined on the basis of the expected or actual operation of the unit under normal conditions of use.

(2) For the purposes of this schedule, high-efficiency cogeneration must fulfil the following criteria—

(a) cogeneration production from cogeneration units must provide primary energy savings calculated according to sub-paragraph (3) of at least 10% compared with the references for separate production of heat and electricity,

(b) production from small-scale and micro-cogeneration units providing primary energy savings may qualify as high-efficiency cogeneration where SEPA determines that they qualify as high-efficiency cogeneration.

(3) Calculation of primary energy savings provided by cogeneration production other than by micro-cogeneration units, is to be calculated on the basis of the following formula—

$PES=1-1CHP HŋRef Hŋ±CHP EŋRef Eŋ×100%$

(4) In sub-paragraph (3)—

(a) “PES” is primary energy savings,

(b) “CHP Hŋ” is the heat efficiency of the cogeneration production defined as annual useful heat output divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration,

(d) “CHP Eη” is the electrical efficiency of the cogeneration production defined as annual electricity from cogeneration divided by the fuel input used to produce the sum of useful heat output and electricity from cogeneration; where a cogeneration unit generates mechanical energy, the annual electricity from cogeneration may be increased by an additional element representing the amount of electricity, which is equivalent to that of mechanical energy,

(e) “Ref Eη” is the efficiency reference value for separate electricity production.

(5) SEPA may use reporting periods other than annually for the purpose of the calculation in sub-paragraph (3).

(6) the calculation of primary energy savings for micro-cogeneration units may be based on certified data.

Calculation of efficiency reference values

11

(1) SEPA must determine harmonised efficiency reference values as a matrix of values differentiated by relevant factors and taking into account the principles in sub-paragraph (3).

(2) The efficiency reference values for separate production of heat and electricity in accordance with the formula in paragraph 10(3) must establish the operating efficiency of the separate heat and electricity production that cogeneration is intended to substitute.

(3) Efficiency reference values are to be calculated according to the following principles—

(a) for cogeneration units the comparison with separate electricity production is to be based on the principle that the same fuel categories are compared,

(b) each cogeneration unit is to be compared with the best available and economically justifiable technology for separate production of heat and electricity on the market in the year of construction of the cogeneration unit,

(c) the efficiency reference values for cogeneration units older than 10 years of age are to be fixed on the reference values of units of 10 years of age,

(d) the efficiency reference values for separate electricity production and heat production are to take into account the Scottish climate.

SCHEDULE26 — OTHER EMISSIONS ACTIVITIES

PART1 — Scope and Interpretation

Scope and interpretation

1

(1) This schedule applies to other emissions activities.

(2) This paragraph applies for the interpretation of—

(a) this schedule,

(b) schedule 27,

(d) the definition of an other emissions activity.

(3) “Other emissions activity” does not include—

(a) an activity—

(i) carried out in a working museum to demonstrate an industrial activity of historic interest,

(ii) carried out for educational purposes in a school within the meaning of section 135(1) of the Education (Scotland) Act 1980,

(iii) carried out at a place used solely for—

(aa) research activities,

(bb) development activities,

(cc) the testing of new products and processes,

(b) the running on or within a vehicle of an engine which propels any such vehicle, locomotive or vessel, or provides electricity for propulsion,

(i) in order to test it before it is installed, or

(ii) for the purposes of developing the engine,

(d) the use of a fume cupboard in a laboratory for research and testing that is not—

(i) a fume cupboard which is an industrial and continuous production activity enclosure,

(ii) a fume cupboard in which substances or materials are manufactured.

(5) In this paragraph, “fume cupboard” means a ventilated enclosure complying with the requirements specified in British Standard BS EN 14175-2:2003 on Fume Cupboards.

Interpretation: threshold values

2

(1) For the purposes of Part 3 of this schedule, a “threshold value” generally refers to production capacities or outputs.

(2) Where several activities falling under the same activity description containing a threshold are operated in the same place, the capacities of those activities are to be added together in order to determine whether a threshold value is met.

PART2 — Amendments to common framework provisions

General aims: guidance on best available techniques

3

SEPA may when carrying out a relevant function related to other emissions activities have regard to any applicable Scottish, UK or EU guidance on the best available techniques for preventing, or where that is not practicable, reducing emissions from an activity when taking into account the general aims in accordance with regulation 9.

PART3 — Activities

CHAPTER1 — Thermal treatment and associated activities

4

Thermal treatment of—

(a) coal (other than drying of coal), lignite, oil, or other carbonaceous material or mixtures, otherwise than with a view to making charcoal,

(b) other fuels in plant with a total rated thermal input of 20 MW or more.

5

Blending odorant for use with natural gas or liquefied petroleum gas.

6

In this Chapter—

“carbonaceous material” includes such materials as charcoal, coke, peat, rubber and wood,

“nuclear site licence” has the meaning given in section 26 of the Nuclear Installations Act 1965,

“thermal treatment” includes pyrolysis, carbonisation, distillation, partial oxidisation or other heat treatment.

CHAPTER2 — Metals processes

7

Loading, unloading or otherwise handling or storing more than 500,000 tonnes in total in any 12 months of iron ore, except in the course of mining operations, or burnt pyrites.

8

Casting ferrous metal at a foundry with a production capacity of more than 20 tonnes per day.

9

Producing, melting or refining iron or steel or any ferrous alloy (including producing pig iron or steel and continuous casting).

10

De-sulphurising iron, steel or any ferrous alloy.

11

Heating iron, steel, non-ferrous metal and ferrous or non-ferrous metal alloy (whether in a furnace or other appliance) to remove grease, oil or any other non-metallic contaminant (including such operations as the removal by heat of plastic or rubber covering scrap cable) unless—

(a) it is carried out in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts,

(b) it does not involve the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.

12

Casting iron, steel or any ferrous alloy from deliveries of 50 tonnes or more of molten metal.

13

Producing, melting or recovering (whether by chemical means or by electrolysis or by the use of heat) cadmium or mercury or any alloy containing more than 0.05% by weight of either of those metals or of both of those metals in aggregate.

14

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.

15

Melting, including making alloys, of non-ferrous metals, including recovered products, refining, foundry casting, etc. in a facility which has a design holding capacity of less than 5 tonnes, or carried out in respect of tin, or an alloy which in molten form contains 50% or more by weight of tin.

16

The separation of copper, aluminium, magnesium or zinc from mixed scrap by differential heating.

17

Melting zinc or a zinc alloy in conjunction with a galvanising activity at a rate not exceeding 20 tonnes per day.

18

Melting zinc, aluminium or magnesium or an alloy of one or more of these metals in conjunction with a die-casting activity at a rate not exceeding 20 tonnes per day.

19

Surface treating materials using cadmium or its compounds where the activity may result in the release into the air or water of cadmium and its compounds in a quantity which, in any 12-month period, exceeds the background quantity for cadmium and its compounds by 1000 grams (expressed as metal).

20

Any process for the surface treatment of metal that is likely to result in the release into air of any acid-forming oxide of nitrogen unless listed in schedule 20.

21

The following processes are excluded from the activities described in paragraphs 11, and 13 to 18 of this Chapter—

(a) hand soldering,

(b) flow soldering,

22

In this Chapter—

“ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than that specified in any other metals activity,

“non-ferrous metal alloy” and cognate expressions mean an alloy which is not a ferrous alloy.

CHAPTER3 — Mineral industry

23

Storing, loading or unloading cement or cement clinker in bulk prior to further transportation in bulk.

24

Blending cement in bulk or using cement in bulk other than at a construction site, including the bagging of cement and cement mixture, the batching of ready-mixed concrete and the manufacture of concrete blocks and other cement products.

25

Grinding cement clinker.

26

Slaking lime for the purpose of making calcium hydroxide or calcium magnesium hydroxide.

27

Heating calcium carbonate or calcium magnesium carbonate for the purpose of making lime.

28

Stripping asbestos from railway vehicles except—

(a) in the course of the repair or maintenance of the vehicle,

(b) in the course of recovery operations following an accident,

(c) where the asbestos is permanently bonded in any material, including in particular in cement, plastic, rubber or resin.

29

The industrial finishing, including shaping, drilling, or fitting manufactured asbestos products, of any of the following products where not carried out in conjunction with manufacture—

(a) asbestos filters,

(b) asbestos friction products,

(d) asbestos packing,

(e) asbestos textiles.

30

Manufacture of glass at any location with the capacity to make 5,000 tonnes or more in any 12-month period, and any activity involving the use of glass which is carried out at any such location in conjunction with its manufacture.

31

Manufacture of glass where the use of lead or any lead compound is involved.

32

Making any glass product where lead or any lead compound has been used in the manufacture of the glass except—

(a) making products from lead glass blanks,

(b) melting, or mixing with another substance, glass manufactured elsewhere to produce articles such as ornaments or road paint.

33

Polishing or etching glass or glass products in the course of any manufacturing activity if—

(a) hydrofluoric acid is used,

(b) hydrogen fluoride may be released into the air.

34

The manufacture of glass frit or enamel frit and its use in any activity where that activity is related to its manufacture.

35

Manufacturing cellulose fibre reinforced calcium silicate board.

36

The process of—

(a) crushing, grinding or other size reduction (other than the cutting of stone), or

(b) grading, screening or heating,

of any designated mineral or mineral product,

(i) clay, sand and any other naturally occurring mineral other than coal or lignite,

(ii) metallurgical slag,

(iii) boiler or furnace ash produced from the burning of coal, coke or any other coal product,

(iv) gypsum which is a by-product of any activity.

37

(1) Any of the following activities unless sub-paragraph (2) applies—

(a) crushing, grinding or otherwise breaking up lignite, coal or coke or any other coal product,

(b) screening, grading or mixing lignite, coal, or coke or any other coal product,

(2) This sub-paragraph applies where the activities in sub-paragraph (1) are carried on in any premises—

(a) used for the sale of petroleum coke, lignite, coal, coke or any coal product where the throughput of such substances at those premises in any 12-month period is in aggregate likely to be less than 10,000 tonnes, or

(b) to which petroleum coke, lignite, coal, coke or any coal product is supplied only for use there.

38

The crushing, grinding or other size reduction and/or screening with machinery designed for that purpose, of waste bricks, tiles or concrete at the place where the waste is produced or at the place where the recovered aggregate will be used.

39

Coating road stone with tar or bitumen.

40

Loading, unloading, or storing pulverised fuel ash in bulk prior to further transportation in bulk.

41

The fusion of calcinated bauxite for the production of artificial corundum.

42

Firing heavy clay goods or refractory goods other than heavy clay goods in a kiln.

43

Vapour glazing earthenware or clay with salts.

44

The activities in paragraphs 36 to 43 of this Chapter do not include any of these activities where carried out underground.

45

In this Chapter—

“clay” includes a blend of clay with ash, sand or other materials,

“refractory” means refractory material (such as fireclay, silica, magnesite, chrome-magnesite, sillimanite, sintered alumina, beryllia and boron nitride) which is able to withstand high temperatures and to function as a furnace lining or in other similar high temperature applications,

“retail sale” means sale to the final customer.

CHAPTER4 — Chemical industry

46

Producing halogens or any compound comprising only—

(a) two or more halogens,

(b) any one or more of those halogens and oxygen.

47

The carrying out of any activity involving the use in any 12-month period of—

(a) 5 tonnes or more of diphenyl methane di-isocyanate or other di-isocyanate of lower volatility than toluene di-isocyanate,

(b) 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.

48

The flame bonding or cutting with heated wires of polyurethane foams or polyurethane elastomers.

49

(1) Any activity for the polymerisation or co-polymerisation of any pre-formulated resin or pre-formulated gel coat which contains any styrene, which is likely to involve, in any 12-month period, the polymerisation or co-polymerisation of 100 tonnes or more of styrene.

(2) Any activity for polymerising or co-polymerising any unsaturated hydrocarbons or a product of an activity listed in schedule 21 (other than a pre-formulated resin or pre-formulated gel coat which contains any unsaturated hydrocarbons), which is likely to involve, in any 12 month period, the polymerisation or co-polymerisation of 50 tonnes or more of any of those materials or, in aggregate, of any combination of those materials.

50

Any production activity which is likely to result in the release—

(a) into the air of any hydrogen halides (other than the coating, plating or surface treatment of metal),

(b) into the air or water of any halogens or any of the compounds mentioned in paragraph 52 of this Chapter,

other than the treatment of water with chlorine.

51

Any production activity which uses, or is likely to result in the release of, hydrogen cyanide or hydrogen sulphide.

52

Producing any compounds, or using or recovering any mixture (other than in the application of a glaze or vitreous enamel), containing any of the following substances or their compounds—

(a) antimony,

(b) arsenic,

(d) gallium,

(e) indium,

(f) lead,

(g) palladium,

(h) platinum,

(i) selenium,

(j) tellurium,

(k) thallium,

(l) cadmium,

(m) mercury,

where the activity may result in the release into the air of any of those elements or their compounds.

53

Any other activity which may result in the release into the air of any acid forming oxide of nitrogen.

54

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.

55

The storage, other than as part of another activity or in a tank for the time being forming part of a powered vehicle, of any substance listed in column 1 of Table 1, except where the total capacity of tanks used for storage is less than the amount specified in column 2 of the Table.

Substance	Amount (in tonnes)
Any one or more acrylates	20
Acrylonitrile	20
Anhydrous ammonia	100
Anhydrous hydrogen fluoride	1
Toluene di-isocyanate	20
Vinyl chloride monomer	20
Ethylene	8000

56

Unless falling within any other activity description in this Part, recovering any compound of or engaging in any process of production which involves the use of cadmium, mercury or any compound of either of these elements which may result in the release to air of either of these elements or their compounds.

57

In this Chapter—

“acrylate” includes—acrylic acid,substituted acrylic acids,esters of acrylic acids,esters of substituted acrylic acids,

“pre-formulated resin or pre-formulated gel coat” means any resin or gel coat which has been formulated before being introduced into polymerisation or co-polymerisation activity, whether or not the resin or gel coat contains a colour pigment, activator or catalyst.

CHAPTER5 — Other activities

58

Cremation of human remains.

59

(1) Distilling or heating tar or bitumen in connection with any process of manufacture where the carrying on of the activity by the person concerned at the location in question is likely to use in any 12-month period 5 tonnes or more of tar or of bitumen or, in aggregate, both.

(2) Oxidising bitumen by blowing air through it where the carrying on of the activities by the person concerned at the location in question is likely to use in any 12-month period 5 tonnes or more of tar or of bitumen or, in aggregate, of both.

60

Manufacturing new tyres, other than remoulds or re-treads, involving the use in any 12-month period of 50,000 tonnes or more of one or more of natural rubber, or a synthetic organic elastomer, or any substance mixed with rubber or such an elastomer.

61

The mixing, milling or blending of natural rubber, or a synthetic organic elastomer, in which carbon black is used and/or any related activity that converts the resulting product into a finished product.

62

(1) Any activity (other than the repainting or respraying of, or of part of, aircraft or road or railway vehicles) for applying to a substrate, or drying or curing after such application, printing ink or paint or any other coating material as, or in the course of, a manufacturing activity, where the activity may result in the release into the air of particulate matter or of any volatile organic compound, and is likely to involve the use in any 12 month period at any location of—

(a) 20 tonnes or more of any printing ink, paint or other coating material which is applied in solid form (other than in respect of an activity described in paragraph 7(c) of Chapter 2 of Part 4 of schedule 20),

(b) 20 tonnes or more of any metal coating which is sprayed on in molten form,

(c) 25 tonnes or more of organic solvents in respect of any cold set web offset printing activity or any sheet fed offset litho printing activity,

(d) 5 tonnes or more of organic solvents in respect of any activity other than one described in sub-paragraph (c).

(2) Repainting or respraying road vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 2 tonnes or more of organic solvents in any period of 12 months.

(3) Repainting or respraying aircraft or railway vehicles or parts of them if the activity may result in the release into the air of particulate matter or of any volatile organic compound and the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any period of 12 months of—

(a) 20 tonnes or more of any paint or other coating material which is applied in solid form,

(b) 20 tonnes or more of any metal coating which is sprayed on in molten form, or

(4) Any activity involving the—

(a) manufacture or formulation of any coating material (such as printing ink) containing, or involving the use of, an organic solvent, where the carrying on of the activity by the person concerned at the location in question is likely to involve the use of 100 tonnes or more of organic solvents in any 12 months period,

(b) manufacture of a powder for use as a coating material where the plant has capacity to produce 200 tonnes or more of such powder in any 12-month period.

(5) In this paragraph, the amount of organic solvent used in an activity is calculated using the formula—

$$A-B$where—“A” is the total input of organic solvents into the process, including both solvents contained in coating materials and solvents used for cleaning or other purposes,“B” is the amount of organic solvents that are removed from the process for re-use or for recovery for re-use.$

63

(1) manufacturing wood products at any works, if the manufacture involves—

(a) sawing,

(b) drilling,

(d) shaping,

(e) turning,

(f) planing,

(g) shredding,

(h) curing or chemical treatment of wood,

where the throughput of the works in any 12-month period is likely to exceed 10,000 m³ in the case of works at which wood is only sawed, or 1,000 m³ in any other case.

(2) In this paragraph—

“throughput” is calculated by reference to the amount of wood, which is subjected to activities listed in sub-paragraph 1(a) to (h), provided that where wood is subject to two or more activities listed in this paragraph at the same works no account is taken of the second or subsequent activity,

“wood” includes any product consisting wholly or mainly of wood,

“works” means any premises, such as a sawmill, on which an activity listed in this paragraph is carried out on wood.

64

Unless it is an exempt activity listed in paragraph 70(2), processing, storage or drying by heat of any part of a dead animal or of vegetable matter which may—

(a) result in the release into the air of a substance referred to in paragraph 71 of Chapter 6 of this schedule,

(b) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

65

Breeding maggots in any case where 5 kilograms or more of animal or of vegetable matter or, in aggregate, of both are introduced into the process in any week.

66

(1) Storage of dead fish or fish offal prior to ensiling.

(2) Ensiling of dead fish and fish offal.

(3) Storage of ensiled dead fish and fish offal, including the storage of the ensiled liquor at the same location.

67

Unless it is an exempt activity listed in paragraph 70(2) of this Chapter, treating and processing of dry vegetable or dry vegetable and animal matter intended for the production of animal food products through drying by the application of heat and milling, which may—

(a) result in the release into the air of a substance referred to in paragraph 71 of Chapter 6 of this Part,

(b) give rise to an offensive smell noticeable outside the premises in which the activity is carried on.

68

Any activity carried on in a technical unit for the capture of carbon dioxide for the purposes of utilisation or storage.

69

Anaerobic digestion of non waste materials and associated feedstock and digestate handling and storage.

70

(1) In this Chapter—

“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,

“aircraft” includes gliders and missiles,

“animal” includes a bird or a fish,

“coating material” includes paint, printing ink, varnish, lacquer, dye, any metal oxide coating, any adhesive coating, any elastomer coating, any metal or plastic coating,

“ensiling” means treatment by the application of acid or alkaline solutions for the purpose of rendering the material free from infectious disease and/or preventing the formation of offensive odours,

“food” includes drink, articles and substances of no nutritional value which are used for human consumption, and articles and substances used as ingredients in the preparation of food,

“green offal” means the stomach and intestines of any animal, other than poultry or fish, and their contents,

“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,

“varnish” means a transparent coating material,

“tar” and “bitumen” include pitch.

(2) In paragraphs 64 and 67 of this Chapter, “exempt activity” means—

(a) any activity carried out on a farm or agricultural holding, other than the manufacture of goods for sale,

(b) the manufacture or preparation of food or drink for human consumption, but excluding—

(i) the extraction, distillation or purification of animal or vegetable oil or fat, otherwise than as an activity incidental to the cooking of food for human consumption,

(ii) any activity involving the use of green offal or the boiling of blood, except the cooking of food (other than tripe) for human consumption,

(iii) the cooking of tripe for human consumption elsewhere than on premises on which it is to be consumed,

(d) any activity carried out in connection with premises used in connection with the business of killing, flaying or cutting up animals, the flesh of which is not intended for human consumption, other than premises—

(i) which are hunt kennels or other premises where the flesh is fed to animals,

(ii) used for diagnostic, educational or research purposes, or

(iii) where animals are cut up solely for the purpose of incineration,

(e) any activity for the manufacture of soap not falling within an activity description in Chapter 4 of Part 4 of schedule 20,

(f) the storage of vegetable matter otherwise than as part of any prescribed activity,

(g) the cleaning of shellfish shells,

(h) the manufacture of starch,

(i) the processing of animal or vegetable matter at premises for feeding a recognised pack of hounds authorised under Article 18(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation),

(j) the salting of hides or skins, unless related to any other prescribed activity,

(k) any activity for composting animal or vegetable matter, or a combination of both, except where that activity is carried on for the purposes of cultivating mushrooms,

(l) any activity for cleaning, and any related activity for drying or dressing, seeds, bulbs, corms or tubers,

(m) the drying of grain or pulses,

(n) any activity for the production of cotton yarn from raw cotton or for the conversation of cotton yarn into cloth.

CHAPTER6 — Substances to air

71

A reference in this Part to the release into the air of a substance listed in this paragraph is a reference to any of the following substances—

(a) oxides of sulphur and other sulphur compounds,

(b) oxides of nitrogen and other nitrogen compounds,

(d) organic compounds and partial oxidation products,

(e) metals, metalloids and their compounds,

(f) asbestos (suspended particulate matter and fibres), glass fibres and mineral fibres,

(g) halogens and their compounds,

(h) phosphorus and its compounds,

(i) dust.

SCHEDULE27 — OPERATING A MEDIUM COMBUSTION PLANT

PART1 — Scope and Interpretation

Scope

1

This Schedule applies to operating a medium combustion plant.

Interpretation: operating a medium combustion plant

2

(1) In this schedule, “operating a medium combustion plant” means operating a combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts but does not include the activities in sub-paragraph (2).

(2) The excluded activities are the operation of—

(a) a large combustion plant,

(b) a waste incineration or waste co-incineration plant,

(c) combustion plants covered by EU Regulation 2016/1628 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery,

(d) on-farm combustion plants with a total rated thermal input less than or equal to 5 megawatts, that exclusively use unprocessed poultry manure, as referred to in Article 9(a) of EU Regulation No. 1069/2009 of the European Parliament and Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002, as a fuel,

(e) combustion plants in which the gaseous products of combustion are used for the direct heating, drying or any other treatment of objects or materials,

(f) combustion plants in which the gaseous products of combustion are used for direct gas-fired heating used to heat indoor spaces for the purpose of improving workplace conditions,

(g) post-combustion plants designed to purify the waste gases from industrial processes by combustion and which are not operated as independent combustion plants,

(h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft,

(i) gas turbines and gas and diesel engines, when used on offshore platforms,

(j) facilities for the regeneration of catalytic cracking catalysts,

(k) facilities for the conversion of hydrogen sulphide into sulphur,

(l) reactors used in the chemical industry,

(m) coke battery furnaces,

(n) cowpers,

(o) crematoria,

(p) combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries,

(q) recovery boilers within installations for the production of pulp.

(3) Operating a medium combustion plant does not include research activities, development activities or testing activities relating to medium combustion plants.

Interpretation: general

3

In this schedule—

“biomass” has the meaning given in paragraph 3(1) of schedule 19 of these Regulations,

“diesel engine” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“dual fuel engine” means an internal combustion engine that uses compression ignition and operates according to the Diesel cycle when burning liquid fuels, and according to the Otto cycle when burning gaseous fuels,

“dust” means particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions, which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and that remain upstream of the filter and on the filter after drying under specified conditions,

“emission” means the discharge of substances from a combustion plant into the air,

“engine” means a gas engine, diesel engine or dual fuel engine,

“existing medium combustion plant” means a medium combustion plant put into operation on or before 20 December 2018,

“gas engine” means an internal combustion engine that operates according to the Otto cycle and uses spark ignition to burn fuel,

“gas oil” means—any petroleum-derived liquid fuel falling within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19, orany petroleum-derived liquid 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,

“gas turbine” means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine,

“heavy fuel oil” means—any petroleum-derived liquid fuel falling within CN codes 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35, or 2710 20 39,any petroleum-derived liquid fuel, other than gas oil, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65% by volume (including losses) distils at 250°C by the ASTM D86 method, orany petroleum product for which distillation cannot be determined by the ASTM D86 method,

“micro-isolated system” (MIS) means any electricity system with consumption less than 500 GWh in the year 1996 where there is no connection with other systems,

“natural gas” means naturally occurring methane with no more than 20% (by volume) of inerts and other constituents,

“new medium combustion plant” means a medium combustion plant other than an existing medium combustion plant,

“nitrogen oxides” (NOx) means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO₂),

“operating hours” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“refinery fuel” means solid, liquid or gaseous combustible material from the distillation and conversion steps of the refining of crude oil, including refinery fuel gas, syngas, refinery oils and pet coke,

“small isolated system (SIS)” means any electricity system with consumption of less than 3000 GWh in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,

“stack” has the meaning given in paragraph 2 of schedule 21 of these Regulations,

“zone” means part of the territory of Scotland as determined by the Scottish Ministers under regulation 4 of the Air Quality Standards (Scotland) Regulations 2010.

Aggregation

4

A combination formed by two or more new medium combustion plants is considered to be a single medium combustion plant for the purposes of this schedule and their rated thermal input are added together for the purpose of calculating the total rated thermal input of the plant, where—

(a) the waste gases of the plants are discharged through a common stack, or

(b) in the opinion of SEPA, the waste gases of the plant could be discharged through a common stack, taking into account technical and economic factors.

PART2 — Amendments to common framework provisions

Authorisations

5

(1) Operating a medium combustion plant may be authorised by permit, registration or notification.

(2) An authorisation for operating a medium combustion plant must give effect to the provisions of this schedule.

Applications for medium combustion activity authorisations

6

An application for an authorisation and a notification for operating a medium combustion plant must include—

(a) the name of the applicant and the address of the applicant’s registered or principal office,

(b) the address of the plant (or site upon which the plant is located),

(d) the type of medium combustion plant (diesel engine, gas turbine, dual fuel engine, other engine or other medium combustion plant),

(e) the type and share of fuels used (according to the categories in Part 3 of this schedule),

(f) the date of the start of the operation of the medium combustion plant or, where the exact date of the start of the operation is unknown, proof of the fact that the operation started before 20 December 2018,

(g) the sector of activity of the medium combustion plant or the facility in which it is applied (SIC Code),

(h) the expected number of annual operating hours of the medium combustion plant and average load in use,

(i) if required for the purposes of an exemption from compliance with emission limit values, a declaration signed by the Authorised person that the plant will not be operated for more than 500 hours or 1000 hours per year (calculated as a rolling average over a period of 5 years) or 500 hours per year (calculated as a rolling average over a period of 3 years), as appropriate.

Emission limit values: calculation

7

All emission limit values set out in this schedule are to be calculated—

(a) at a temperature of 273.15K,

(b) at a pressure of 101.3kPa,

(d) at a standardised O₂ content of—

(i) 6% for medium combustion plants using solid fuels,

(ii) 3% for medium combustion plants, other than engines and gas turbines, using liquid and gaseous fuels,

(iii) 15% for engines and gas turbines.

Emission limit values: general

8

(1) The emissions into air of SO₂, NOx and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in—

(a) Table 2, if the plant is not an engine or gas turbine,

(b) Table 3 if the plant is an engine or gas turbine,

unless an exemption in paragraph 9 applies.

(2) The emissions into air of SO₂, NOx and dust from an existing medium combustion plant with a rated thermal input of less than or equal to 5 megawatts must not exceed the emission limit values set out in—

(a) Table 1, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine,

unless an exemption in paragraphs 9 or 10 of this schedule applies.

(3) The emissions into air of SO₂, NOx and dust from a new medium combustion plant must not exceed the emission limit values set out in—

(a) Table 4, if the plant is not an engine or gas turbine,

(b) Table 5, if the plant is an engine or gas turbine.

(4) In zones or parts of zones not compliant with the limit values set out in schedule 2 of the Air Quality Standards (Scotland) Regulations 2010, SEPA must consider setting stricter permit conditions for individual medium combustion plants than those required by this paragraph where, in the opinion of SEPA, applying such emission limit values would effectively contribute to a noticeable improvement of air quality.

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.