From 7 January 2014 operators holding a Part A permit under PPC 2000 will move to control under the Pollution Prevention and Control (Scotland) Regulations 2012 (PPC 2012). These changes result from the implementation of Directive 2010/75/EU on industrial emissions (the IED).
The IED introduced a number of new provisions that did not exist under the previous regulatory regime. These new provisions have been transposed through the PPC 2012 Regulations. The PPC 2012 Regulations include new conditions which will be automatically included in the permits with no need for an application.
These new conditions entered into force from 7 January 2014. The main changes they introduce are as follows:
(1) Although the PPC 2012 Regulations look different and have been substantially restructured and reworded in comparison with the PPC 2000 Regulations, the powers and provisions largely remain the same as the PPC 2000 Regulations.
(2) Activity descriptions in Schedule 1 of the PPC 2012 Regulations have, in some cases, changed in comparison to the PPC 2000 Regulations. However, their intended meaning is largely the same.
(3) There are provisions to take account of the new emphasis within IED on the use of Best Available Technique (BAT), Reference Documents (BREFs) and BAT Conclusions in the permitting and permit review processes. For this reason and following the publication of the BREF relevant to the main activity, SEPA must ensure that permit requirements comply with the BAT conclusions in these documents within four years of these being published. lf no BREF exists in relation to the activity, a periodic review of your permit will take place and any new conditions will be based on a SEPA assessment using materials such as previous BREFs.
(4) SEPA has new powers to serve an enforcement notice in the event of an incident which poses an immediate danger to human health, threatens to create an immediate significant adverse effect upon the environment or involves some other risk of serious pollution even where there is no breach of a permit condition. ln such circumstances, operators must also immediately suspend operation.
(5) Operators must notify SEPA immediately of any breach of a permit condition.
(6) Results of emissions monitoring and certain other information needed to assess compliance with the permit will have to be reported to SEPA at least annually.
(7) The IED provides for greater public participation and so more information will need to be placed on the internet including permits, variations to permits and inspection reports.
(8) A duty is placed on SEPA to promote development and application of emerging techniques.
(9) As well as Site Reports there are now provisions for Baseline Reports relating to ground contamination. This may apply when a future permit review or substantial change takes place. SEPA\’s guidance on Site Reports will be made available in the coming weeks.
(10) Circumstances under which a Suspension Notice can be issued have been expanded.
(11) Fit and proper person provisions for Specified Waste Management Activities are amended. A person is not a fit and proper person if, in particular, it appears to SEPA that:
– the person or a relevant person has been convicted of a relevant offence
– the person has not made adequate financial provision (by way of security or an equivalent arrangement) to ensure that.
– obligations (including after-care provisions) arising from the permit in relation to the activity are met.
– any closure procedures required under the permit in relation to that activity are followed.
– the person and all staff engaged in carrying out such an activity will not be provided with adequate professional technical development and training.
– the management of such an activity will not be in the hands of a technically competent person.
It is important to highlight that to meet fit and proper person provisions, all staff need to be trained. Additionally, the management must be technically competent persons.
For more information about how Albion Environmental can help your staff to get the required qualifications to meet the Fit and Proper persons provisions, or to find out more about how Pollution Prevention and Control (Scotland) Regulations 2012 affects your company, please do not hesitate to contact us. Our qualified team will be happy to help.