Transposition of the industrial emissions directive in Scotland: consultation

Consultation questions

84. Listed below are all the specific questions raised in this consultation paper. We would be grateful for responses to any or all of the questions, preferably supported by evidence drawn from practical experience. We would also be grateful to receive any more general questions or comments on the proposed transposition arrangements and on the Business and Regulatory Impact Assessment.

Q1 - single permit for different operators
The Scottish Government is currently not minded to adjust the PPC Regulations so as to accommodate the option contained in Article 4(3) of the IED. Are you content with that? If not, can you demonstrate from a real example that allowing a permit to cover several parts of an installation operated by different operators will reduce overall regulatory burden whilst maintaining the environmental protection required by the IED?

Q2 - enforcement
Regulation 45 of the draft Regulations empowers SEPA to issue enforcement notices. Do you agree with this approach. If not, why not?

Q3 - energy efficiency
Are you content with the proposed way of transposing Article 9(2)?

Q4 - general binding rules
Do you consider that, in particular sectors, further use of this approach could be made?

Q5 - site condition reports
Do you envisage it being necessary to strengthen existing site condition reports? If so, in what way or ways, and at what cost?

Q6 - emerging techniques
Do you have views on how SEPA can encourage the development and application of emerging techniques?

Q7 - waste management
Do you have any uncertainties about which waste management activities are now subject to IPPC requirements?

Q8 - removal of BAT requirements from incineration and co-incineration installations not subject to IPPC
Do you agree with this proposal? What environmental consequences and compliance cost savings may arise?

Q9 - retaining PCB and PAH monitoring
Do you agree with this proposal? If not, why not?

Q10 - registration system for solvent activities
Do you consider that the introduction of a registration system for solvent activities would be worthwhile in longer term?

Q11 - removal of BAT requirement from solvent activities
Do you agree with this proposal? What are your views on the environmental consequences and compliance cost savings which may arise?

Q12 - transitional provisions
Are you content with the proposed approach to transitional provisions? Have you any comments upon this proposed means of incentivising timely permit applications in respect of new IPPC activities?

Q13 - removal of legacy activities
Do you consider that any of the descriptions proposed for deletion or adjustment should in fact be retained? If so, please provide reasons.

Q14 - retention of legacy activities

Do you agree that the retention of the ‘legacy’ descriptions tabulated in Appendix D is justified? Have you any evidence which either supports or refutes the need for retention?

Q15 - Part B activities for removal
Are there any other Part B activities that are similarly moribund, superfluous or otherwise unnecessary, and which should be considered for removal?

Q16 - mobile plant
Do you agree with the proposal to remove reference to Part A mobile plant?