Forth Energy biomass proposals
General introduction
The Scottish Environment Protection Agency
(SEPA) is a powerful public body which protects air, land and water
from pollution. It also contributes to the government’s goal of
sustainable development through our work regulating industrial
activities. These pages aim to describe the roles SEPA has in
the granting of permissions for the proposed Forth Energy biomass
plants and how SEPA will fulfil these roles. We will update
these pages as more information becomes available.
Section 36 of the Electricity Act
The building of any new power station above a
certain size requires consent from Scottish Government Ministers, under Section 36 of
the Electricity Act 1989. Section 36 of the Electricity Act 1989
covers all electricity generating technologies including nuclear,
coal, gas, energy from waste, and renewable forms of energy such as
wind and biomass.
Section 36 applications are handled by the
Energy Consents Unit in the Scottish Government’s Energy Division.
Information on this process can be found at:
www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents.
This includes guidance for interested parties on how to support or
object to an application.
Section 36 applications need to be accompanied
by an environmental impact assessment (EIA). This will ensure that
the environmental effects of a proposed development are fully
considered, together with the economic and social benefits. The EIA
should outline the likely impact that the development is expected
to have on the environment and the measures the developer proposes
to minimise any adverse environmental impacts. This information
will be provided in the Environmental Statement (ES).
In addition, under Section 36 developers also
need planning permission. However, rather than the developer having
to apply separately to the local planning authority, Scottish
Ministers are able to grant 'deemed planning permission' under
section 57 of the Town and Country Planning (Scotland) Act 1997.
This is usually handled in conjunction with the S36 application and
any consent will include planning conditions.
The Scottish Government has published guidance
which provides specific advice to developers in relation to
applying for consent for thermal power stations under Section 36 of
the Electricity Act. This guidance also provides useful information
to other interested parties as to how the Section 36 consent
process works. The guidance can be found on the Scottish Government
website at:
www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Thermal-Guidance/Thermal-2010
Pollution Prevention and Control (PPC)
The Pollution Prevention and Control (Scotland) Regulations 2000
is the primary legal framework for regulating emissions from
industrial facilities. PPC takes an integrated approach to
pollution control by preventing emissions into air, water and soil
wherever this is practicable. Where prevention is not possible, the
aim is to minimise emissions in order to achieve a high level of
protection for the environment as a whole. The regulations specify
the types of activities which are covered and the procedures that
must be applied when regulating these activities – including
provisions for dealing with applications, the contents of permits
issued under the regulations and the system of appeals.
The PPC regulations are enforced by SEPA, and
anyone who wishes to undertake an industrial activity covered by
the regulations must first apply to SEPA for a permit to operate.
This is known as a PPC permit. Further details on PPC are available
at:
www.sepa.org.uk/air/process_industry_regulation/pollution_prevention__control.aspx
Brief outline of the Forth Energy
proposals
Forth Energy (a joint venture company
formed by Scottish and Southern Energy plc and Forth Ports plc) is
proposing to build and operate four electricity generating stations
across the south east of Scotland; to be located at the ports of
Dundee, Rosyth, Grangemouth and Leith (Edinburgh). These power
stations would be fuelled by biomass and would each have a
generating capacity of between 120 and 200 Megawatts (MW).
Sources of biomass fuel include virgin wood,
certain energy crops, industrial wood residues, such as sawdust,
recovered wood products, and wood-derived waste products, such as
paper and cardboard.
Details of the proposed Forth Energy plants
can be found at: www.forthenergy.co.uk/home.asp,
or
www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Applications-Database/Biomass
What are SEPA’s roles in the overall
process?
Throughout the overall planning, construction
and operational phases of these types of developments, SEPA has a
number of clearly defined roles. Our roles in the Section 36
process and the PPC permit process are summarised below.
Sometimes a developer chooses to apply
simultaneously to the Scottish Government for a Section 36 consent
and to SEPA for a PPC permit. However, in this case, Forth Energy
has decided to apply first for Section 36 consent, and will not
make a PPC permit application until some months later.
SEPA’s role in the S36 process
There is a thorough consultation process
carried out by Scottish Ministers for each S36 application. This
gathers the views of the relevant local planning authorities and
other statutory and non-statutory bodies (including the relevant
nature, environment, countryside, aviation, heritage and health and
safety bodies). As the public body responsible for protecting
Scotland’s air, land and water from pollution, SEPA is a statutory
consultee for these applications, and will be considering them
shortly.
However, SEPA does
not make the decision as to whether to give consent to a S36
application. This is the role of the Scottish Government, taking
into account the views of all the statutory and non-statutory
consultees, and the general public.
SEPA has already provided comments to the
Scottish Government on the information we wanted to see provided by
Forth Energy in their “Environmental Statement” submitted to
support their S36 application. These comments are known as a
“scoping opinion” and the scoping opinion of all of the consultees
can be found at:www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Applications-Database/Biomass
What aspects of the S36 application will SEPA be
commenting on?
SEPA’s response to the Scottish Government
Section 36 consultation, which will also be regulated by us under
PPC, will include our comments on those environmental aspects of
the proposals which are within our statutory remit.
We will consider the acceptability of the
development itself as a land use. This involves consideration of
the sensitivity of the receiving environment, including adjacent
land uses and potential regulation. We will not undertake a
detailed consideration of the methods required to control the
processes or substances to meet the appropriate regulatory
requirements. Our comments in response to the Scottish Government
consultation will be based on:
a) The acceptability, in principal, of the
location of the development (in relation to impacts on the
environment and health).
b) Confirmation that we can ensure an
acceptable level of environmental and health protection, through
regulation, as far as this is relevant to our remit.
c) Advice on the sizing of the design and
layout of the development in order to provide space or height for
commonly required regulatory requirements. Examples include
adequate land for the technology required to meet energy efficiency
standards set out within our Thermal Treatment Guidelines and
sufficient stack height to meet emissions standards. We will not
object to a S36 application when information directly related to
such an issue is not forthcoming, as it will be controlled by
regulation and is omitted at the developer's own commercial
risk.
d) Site specific advice identifying which
matters we will regulate, and therefore will not be required to be
controlled by planning conditions, and also defining those planning
conditions which are essential to the acceptability of the
development (including any required to complement, not duplicate,
regulatory control).
In our response we will advise the Scottish
Government whether the principle of the development in terms of
land use is acceptable, and whether it is potentially capable of
being consented under PPC. This decision will be based on the
information available at the time in relation to the broad
principles of the consent. It will not involve the same level of
detail required for the determination of the PPC application.
Further information on our planning role can
be found at: www.sepa.org.uk/planning.aspx
Who are the other statutory and
non-statutory consultees?
The list of the statutory and non-statutory
consultees who the Scottish Government have contacted about these
proposals is provided at:
www.scotland.gov.uk/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Application-Process/Public-Consultation
The local health boards are responsible for
providing advice on any potential hazard to public health from the
proposed development. The Food Standards Agency (FSA) is
responsible for providing advice on any potential hazard to food
production created by the proposed development. The local
authority planning department will provide advice and recommend
conditions to be included in the consent to ensure environmental
impacts during the construction stage are adequately
controlled.
SEPA’s role in the PPC process
As described above, the Pollution Prevention
and Control (PPC) Regulations are designed to control emissions
from industrial installations. The industries regulated under PPC
include energy, production and processing of metals, mineral
industries, chemical industries, waste management, food and drinks
manufacture, paper and pulp manufacture, textiles and intensive
farming. The main objectives of PPC are:
- to prevent or reduce emissions to air, water
and land from installations;
- to control emissions principally through
setting emission limit values based on an assessment of Best
Available Techniques (BATs);
- to control the amount of waste produced by an
installation, energy efficiency, noise, prevention of accidents,
and restoration of the site after use.
Before starting to operate a plant, a
developer must apply directly to SEPA for a PPC permit. SEPA must
then consider the application and decide whether or not to grant a
permit to the operator. This process is completely separate to the
S36 consent process. As part of its decision making process SEPA
will undertake a consultation exercise, and will take into account
all comments from statutory and non-statutory consultees, as well
as the public. This consultation is required through the PPC
regulations, by the Public Participation Directive. This is also
completely separate from the consultation process under S36 of the
Electricity Act. Further information on how SEPA will consult with
all interested parties during the PPC permit determination process
is available at:
www.sepa.org.uk/air/process_industry_regulation/pollution_prevention__control/public_participation_directive.aspx
We must judge whether or not an application
meets the requirements of the law. If it does, SEPA will issue a
permit setting out what the applicant may and may not do, and
setting out minimum standards of performance.
A PPC permit would detail the following key aspects of the
operation:
- standards for operating the plant;
- standards for maintaining the plant;
- types and quantities of biomass allowed;
- how waste is to be handled and disposed
of;
- strict limits on emissions into the
environment;
- how emissions are to be monitored;
- arrangements for reporting emissions;
- limits on noise and vibration;
- environmental monitoring requirements;
- reporting breaches or possible breaches of
limits and conditions to SEPA;
- disposal (including recycling) routes for
residues such as bottom and fly ash.
In the case of the proposed biomass plants,
the PPC permit applications are not expected for some months, and
therefore SEPA will not be making any decisions on whether
to grant any PPC permits and any particular conditions which may be
required until such time as PPC applications are made.
Further information on the PPC application and
determination process is available at:
www.sepa.org.uk/air/process_industry_regulation/pollution_prevention__control.aspx