Solvent Emissions (Scotland) Regulations 2004: guidance

Guidance on the Solvent Emissions (Scotland) Regulations 2004

2. SOLVENT EMISSIONS DIRECTIVE AND REGULATIONS

2.1 Directive 1999/13/ EC (SED)

European Council Directive 1999/13/EC "on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations" ("the SED") required to be implemented into Member States' law by 1 April 2001.

A copy of the SED can be found at:
http://europa.eu.int/eur-lex/en/consleg/pdf/1999/en_1999L0013_do_001.pdf

2.2 1 March 2002 Directions

In Scotland the SED was largely transposed by directions issued by the Scottish Executive to SEPA on 1 March 2002 under Part 1 of the Environmental Protection Act 1990 ("EPA 1990") and under the Pollution Prevention and Control (Scotland) Regulations 2000 ("PPC 2000"). The directions, which applied to all SED installations regulated at the time under EPA 1990 and PPC 2000, required SEPA to exercise its powers to include the requirements of the SED in permits or authorisations granted under that legislation.

2.3 Solvent Emissions (Scotland) Regulations 2004

Complete transposition of the SED into Scottish law took place on 28 January 2004 when the Solvent Emission (Scotland) Regulations 2004 (SSI 2004 No 26) came into force.

A copy of the SER 2004 can be found at:
http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2004/20040026.htm

2.4 2004 Directions

The 1 March 2002 directions were revoked on 27 February 2004 by directions issued under the Environmental Protection Act 1990 (EPA 90) and PPC 2000 on the basis that the original directions have now been superseded by the SER 2004. It is the provisions of SER 2004 which now apply to the regulation of SED activities. The new EPA 90 direction issued on 27 February 2004 also addresses a particular provision in the SER 2004.

A copy of the new EPA and PPC directions can be found at:
http://www.scotland.gov.uk/library5/environment/seddo4.pdf

2.5 PPC Amendment Regulations

The Pollution Prevention and Control (Scotland) Amendment Regulations 2004 (SSI 2004 No 110) which came into force on 31 March 2004 acted, amongst other things, to amend the SER 2004. This amendment has had the effect of correcting an error in the original regulations by setting the annual solvent consumption threshold for the coating of trailers at 0.5 tonnes as opposed to the 5 tonne threshold which appears in the original version of the SER 2004. A copy of the PPC Amendment Regulations 2004 can be found at :
http://www.hmso.gov.uk/legislation/scotland/ssi2004/20040110.htm

2.6 Council Directive on the VOC Content of Paints

Directive 2004/42/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products (VOC in Paints Directive) came into force on 30 April 2004. The Directive amends SED.

Article 13(1) of the VOC in Paints Directive acts to amend Annex 1 of the SED in the section entitled "vehicle refinishing" by deleting the following activity : "the coating of road vehicles as defined in Directive 70 / 156 / EEC, or part of them, carried out as part of vehicle repair, conservation or decoration outside of manufacturing installations, or"

Article 13(2) of the VOC in Paints Directive allows Member States the flexibility to maintain or introduce national measures for the control of emissions from vehicle refinishing activities deleted from the scope of Directive 1999/13/EC.

Member States have to implement the requirements of this new Directive (known as the VOC in Paints Directive) by no later than 30 October 2005.

The Scottish Executive expects to issue a public consultation document later in the year containing proposals for how this new Directive will be implemented and in particular how SER 2004 may be amended with regard to the vehicle refinishing sector.

A copy of the VOC in Paints Directive can be viewed at :
http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_143/l_14320040430en00870096.pdf