Transposition of the industrial emissions directive in Scotland: consultation

Introduction

1. The Industrial Emissions Directive ^[1] is a Recast of seven existing Directives: those concerning integrated pollution prevention and control (‘ IPPC’) (2008/1/EC), large combustion plants (2001/80/EC), waste incineration (2000/76/EC), solvent emissions (1999/13/EC) and three concerning waste from the titanium dioxide industry ^[2] . Material from those Directives is to be found in Chapters II to VI respectively of the Industrial Emissions Directive.

2. These ‘component Directives’ are currently transposed in Scotland through the Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/323) ^[3] - usually abbreviated in this consultation as ‘the PPC Regulations’. In this paper and its accompanying material, the Industrial Emissions Directive is generally referred to simply as ‘the IED’.

3. As much of the material in the recast Directive remains substantively unchanged from the component Directives, we consider that the PPC Regulations provide the most appropriate vehicle through which to transpose the IED.

4. However the PPC Regulations have already been amended by no fewer than 25 other pieces of legislation, up to and including the Waste (Scotland) Regulations 2012. These have ranged from significant amendments dealing with large combustion plants, waste incineration, solvent emissions, and petrol vapour recovery, to more minor amendments updating cross-references and the like. The result is a very complex patchwork of legislation, making it difficult for all users - Government, SEPA and permit holders alike - to determine what the current requirements are.

5.Transposition of the IED will inevitably require a large number of further amendments to the PPC Regulations, compounding the difficulties of use. We have therefore taken the opportunity to consolidate the PPC Regulations, incorporating the changes required to transpose the Directive. While this makes it a little more difficult to see precisely what has changed, the end result will be a single clear set of Regulations. The draft Regulations are on the Scottish Government website at http://www.scotland.gov.uk/Topics/Environment/waste-and-pollution/Pollution-1/Industrial-Pollution, together with a partial Business and Regulatory Impact Assessment. These remain a work in progress and there are substantial sections still to be prepared, for example on transitional arrangements and consequential amendments. However they do illustrate the shape of the new Regulations and the changes that have been made to incorporate the requirements of the IED.

6. The Scottish Government and SEPA are also consulting on proposals for an integrated framework of environmental regulation ^[4] , which is expected to involve the integration and alignment of the main regulatory regimes operated by SEPA - PPC, the Radioactive Substances Act 1993, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and waste management licensing. This is similar to changes which have already taken place in England and Wales in establishing the Environmental Permitting Regulations. It is therefore likely that the draft Regulations will be short-lived, being overtaken in time by the outcome of this Better Environmental Regulation work.

7. For further background to the IED, please see the partial Business and Regulatory Impact Assessment ( BRIA) available at http://www.scotland.gov.uk/Topics/Environment/waste-and-pollution/Pollution-1/Industrial-Pollution. Your comments on this partial BRIA are welcome alongside responses to the questions raised in this consultation paper.

8. The remaining sections of this paper generally follow the structure of the IED and set out the particular points upon which the Scottish Government would be particularly grateful to receive comments. Other points to note about the effect of the draft Regulations are set out in Appendix A to this consultation paper. Although specific questions are put to you below, please consider the draft Regulations as a whole and comment on any perceived deficiencies or uncertainties.