The Permitting Process under the Pollution Prevention and Control (Scotland) Regulations Ian Halliday Senior 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; and iv.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  Failure to comply with a Schedule 4 notice can result in the application being deemed withdrawn.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.