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PPC legislation

The Pollution Prevention and Control (PPC) regime is enacted through various pieces of legislation. This page provides information and access to the main pieces of legislation of relevance in Scotland.

The IPPC Directive

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC Directive) was created to prevent or minimise emissions to air, water and soil, as well as waste, from industrial and agricultural installations in the Community, with a view to achieving a high level of environmental protection.

The IPPC Directive has recently been codified (Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning Integrated Pollution Prevention and Control). The codified act includes all the previous amendments to the IPPC Directive and introduces some linguistic changes and adaptations. The substance of the IPPC Directive has not been changed and the adopted new legal act is without prejudice to the new Proposal for a Directive on Industrial Emissions.

The IPPC Directive defines the basic obligations to be met by all the industrial installations concerned, whether new or existing. These basic obligations cover a list of measures for tackling discharges into water, air and soil and for tackling waste, wastage of water and energy, and environmental accidents. They serve as the basis for drawing up operating licences or permits for the installations concerned.

Accordingly, the IPPC Directive lays down:

• a procedure for applying for, issuing and updating operating permits
  
• minimum requirements to be included in any such permit (compliance with the basic obligations, emission limit values for pollutants, monitoring of discharges, minimisation of long-distance or transboundary pollution).

View the IPPC Directive 

The Pollution Prevention and Control Act 1999

The Pollution Prevention and Control (PPC) Act 1999 enables regulations to be made implementing the IPPC Directive. More specifically Sections 1 and 2 of the Act confer on the Secretary of State power to make regulations providing for a new pollution control system to meet the requirements of the IPPC Directive and for other measures to prevent and control pollution. Generally these powers are also conferred to the Scottish Executive in Scotland.

The Pollution Prevention and Control (Scotland) Regulations 2000

The Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000/323) (the PPC Regulations) enact the IPPC Directive in Scotland and were made under the Pollution Prevention and Control Act 1999.

The Regulations specify the types of activities covered by the Regulations (as shown in Schedule 1 to the Regulations) 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.

As well as incorporating the requirements of the IPPC Directive the PPC Regulations incorporate other activities previously prescribed under the Environmental Protection Act 1990 and the Prescribed Processes and Substances Regulations 1991. View the Regulations

Amendments to the PPC regulations

The regulations have been amended on a number of occasions. Amendments have been made to implement further European Directives and to correct minor errors within the Regulations themselves.

      Legislation
      Purpose and effect in relation to the PPC regime

• The Large Combustion Plants (Scotland) Regulations 2002 (SSI 2002/493)
  The Regulations partly implement in Scotland the provisions of Council Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants. The remaining provisions of the Directive are being implemented in Scotland by means of Directions issued to SEPA.
  
• The Pollution Prevention and Control (Scotland) Amendment Regulations 2003 (SSI 2003/146)
  A majority of the amendments made by these Regulations are to clarify the 2000 Regulations.
  
• The Waste Incineration (Scotland) Regulations 2003 (SSI 2003/170)
  These Regulations implement in Scotland the provisions of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste.
  
• The Pollution Prevention and Control (Scotland) Amendment (No2) Regulations 2003 (SSI 2003/221)
  These Regulations amend a typographical error with regard to Regulation 6 of the 2000 Regulations.
  
• The Landfill (Scotland) Regulations 2003 (SSI 2003/235)
  These Regulations set out a pollution control regime for landfills for the purpose of implementing Council Directive 99/31/EC on the landfill of waste ("the Landfill Directive") in Scotland. Landfills are prescribed under Schedule 1 of the 2000 Regulations.
  
• The Animal By-Products (Scotland) Regulations 2003 (SSI 2003/411)
  These Regulations make provision in Scotland for the administration and enforcement of the "Community Regulation", Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption. They restrict what may be done in relation to such products and came into force on 1st October 2003.
  
• The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (SI 2003/3311)
  These Regulations provide the framework for a greenhouse gas emissions trading scheme for the purpose of implementing Directive 2003/87/EC of the European Parliament and the Council.
  
• The Solvent Emissions (Scotland) Regulations 2004 (SSI 2004/26)
  These Regulations implement in Scotland the provisions of 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 scope of Schedule 1 of the 2000 Regulations has been expanded to include further Part B activities that fall within the scope of the Directive.
  
• The Pollution Prevention and Control (Scotland) Amendments Regulations 2004 (SSI 2004/110)
  These Regulations provide clarification regarding the application of Schedule 1 of the 2000 Regulations to various activities in Scotland.
  
• The Special Waste Amendment (Scotland) Regulations 2004 (SSI 2004/112)
  These Regulations amend the Special Waste Regulations 1996 (S.I. 1996/972) ("the principal Regulations"), which make provision for handling special waste and for implementing Council Directive 91/689/EEC on hazardous waste. The amendment Regulations align the definition of special waste in Scotland with the definition of hazardous waste in Directive 91/689/EEC. The amendments also put back the transitional dates for existing waste management licensing operations.
  
• The Anti-Social Behaviour etc (Scotland) Act 2004
  This Act increases the maximum fine available under the 2000 Regulations.
  
• The Control of Volatile Organic Compounds (Petrol Vapour Recovery) (Scotland) Regulations 2004
  These Regulations amend the 2000 Regulations in relation to unloading of petrol into stationary storage tanks at service stations.
  
• The Pollution Prevention and Control (Scotland) Amendment Regulations 2005 (SSI 2005/101)
  These regulations amend the 2000 Regulations in relation to inorganic chemicals activities, incineration and co-incineration of waste, treatment of animal and vegetable matter and food industries, and makes provisions for existing waste incineration installations.
  
• The Pollution Prevention and Control (Scotland) Amendment (No 2) Regulations 2005 (SSI 2005/340)
  The majority of the amendments made by these Regulations are to provide clarification to the 2000 Regulations.
  
• The Pollution Prevention and Control (Public Participation etc) (Scotland) Regulations 2005 (SSI 2005/510)
  These regulations implement in Scotland the amendments to the public participation provisions in Directive 96/61/EC made by Article 4 of Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC ("the Public Participation Directive").
  
• The Water Environment (Consequential Provisions) (Scotland) Order 2006
  This order repeals or changes legislation controlling the water environment to take account of the Controlled Activities Regulations 2005. In particular, it repeals the Groundwater Regulations 1998.
  
• The Large Combustion Plants (National Emissions Reductions Plan) Regulations 2007
  These regulations establish a UK scheme for emission trading of NOx, SO2 and dust emissions from a number of large combustion plant that have been in existence pre 1987 and that have opted to participate in a National Emissions Reductions Plan rather than meeting set emission limit values.
  
• The Pollution Prevention and Control (Scotland) Amendment Regulations 2008 (SSI 2008/410)
  These regulations amend the 2000 Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations.
  
• The Waste Batteries (Scotland) Regulations 2009 (SSI 2009/247)
  These regulations transpose Articles 8(1) (tailpiece), 12(2) and 14 and Annex III Part A of Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators.