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PPC Legislation
The Pollution Prevention and Control regime is enacted through various pieces of legislation. This page provides information and access to the main pieces of legislation of relevance in Scotland.
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The IPPC Directive
Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (also known as the 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 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 Directive:
- lays down a procedure for applying for, issuing and updating operating permits;
- lays down 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).
The Directive has been amended by the following Directives:
- Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community
- Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment
All of these Directives are accessible through the Europa website.
You can view the IPPC Directive by clicking here.
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The Pollution Prevention and Control Act 1999
The PPC Act 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 European Council Directive 96/61/EC on Integrated Pollution Prevention and Control (the "IPPC Directive") and for other measures to prevent and control pollution. Generally these powers are also conferred to the Scottish Executive in Scotland.
You can view the PPC Act by clicking here.
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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.
You can view the Regulations by clicking here.
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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. The main amendments to the Regulations are shown in the table below.
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Purpose and effect in relation to the PPC regime
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The Large Combustion Plants (Scotland) Regulations 2002 (SSI 2002/493)
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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.
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The Pollution Prevention and Control (Scotland) Amendment Regulations 2003 (SSI 2003/146)
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A majority of the amendments made by these Regulations are to clarify the 2000 Regulations.
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The Waste Incineration (Scotland) Regulations 2003 (SSI 2003/170)
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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.
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The Pollution Prevention and Control (Scotland) Amendment (No2) Regulations 2003 (SSI 2003/221)
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These Regulations amend a typographical error with regard to Regulation 6 of the 2000 Regulations.
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The Landfill (Scotland) Regulations 2003 (SSI 2003/235)
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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.
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The Animal By-Products (Scotland) Regulations 2003 (SSI 2003/411)
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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.
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The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (SI 2003/3311)
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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.
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The Solvent Emissions (Scotland) Regulations 2004 (SSI 2004/26)
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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.
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The Pollution Prevention and Control (Scotland) Amendments Regulations 2004 (SSI 2004/110)
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These Regulations provide clarification regarding the application of Schedule 1 of the 2000 Regulations to various activities in Scotland.
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| 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.
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All of the above amendments are available from the HMSO website
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