The Permitting Process under the Pollution Prevention and

Control (Scotland) Regulations

Ian HallidaySenior Policy Officer

The Determination Process

Pre-application discussions ‘Duly made’ assessment of application Commercial Confidentiality / National Security Statutory consultations Public consultations (includes advertising) Requests for further information (includes

Schedule 4 Notices) Assessment of technical content of application Drafting and issue of permit Public Participation consultation

A Duly Made Application

On receipt of application there is a check that a legally complete application has been made.

An application is considered duly made where it:i. meets the requirements of Part 1 of

Schedule 4;ii. is made on SEPA application forms and

all questions answered;iii. the correct fee is enclosed; andiv. it is signed and dated by an appropriate

person.

Statutory Consultees

Local authority Local health board Food Standards Agency Scottish Natural Heritage (where there is the

potential to impact on designated sites) Scottish Water (where discharge to sewer) Health and Safety Executive (COMAH / nuclear site) Harbour authority (where there is a discharge to

harbour) Consultees must receive application within 14 days

(subject to CC/NS) 28 Days to provide comments to SEPA

Public Consultation

Applications must be advertised. Adverts must appear between 15 and 42 days

from a duly made application being submitted. Edinburgh Gazette and a local paper. Applications are available to be viewed by

members of the public at the local Registry. Representations received within timescales

must be considered in determining application.

For certain applications perceived to be of particular public interest SEPA may advertise on its website.

Determination Principles

No significant pollution is caused. Operations are to be carried out using the

Best Available Techniques. Other legislation complied with e.g. Waste

Incineration Directive, Habitats Regulations. Operator can and will comply with the Permit.

Requests For Further Information

Informal requests for minor points of clarification.

Schedule 4 notice if the information required is critical to the determination.

Questions will have a time limited response. Issue of a Schedule 4 notice stops the

determination clock. Failure to comply with a Schedule 4 notice

can result in the application being deemed withdrawn.

Best Available Techniques (BAT)

Permit conditions should be based on BAT:

the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable,

generally to reduce emissions and the impact on the environment as a whole.

Best Available Techniques (BAT)

From Schedule 2 (Special considerations)

Low waste technology Less hazardous substances Recovery & recycling Emissions Length of time to introduce Raw material & energy use Accident risks

BAT Guidance

Technical Guidance Notes (TGNs) are the primary UK guidance documents.

TGNs provides background information and indicative BAT requirements (BAT boxes).

European BREF documents. Guidance is only indicative (BAT

consideration must be site specific). Applicants are expected to reference

guidance when demonstrating BAT. However there is currently no UK guidance or

BREF on BAT for carbon capture.

Public Participation

Once the draft determination is available SEPA publishes on its website.

Draft permit, specific parts of the decision document and a copy of the non technical summary of the application.

28 day period for public comments. SEPA must consider all comments received.