Closed Consultations

Note: that the Consultation documents, unless otherwise stated, are in PDF format. You can download the free Acrobat Reader from the Adobe website.

You can also view our Current Consultations.

TitleClosedDecision document

Determining the amount of a Variable Monetary Penalty

Overview

Variable Monetary Penalties (VMPs) are a new enforcement measure made available to SEPA under the Regulatory Reform (Scotland) Act 2014 through which fines up to £40,000 can be imposed for certain environmental offences. 

The aim of VMPs is to help address a compliance gap that exists between statutory notices and criminal prosecutions. 

What are we consulting on?

This consultation relates specifically to how we will determine the amount of a VMP in circumstances where SEPA has determined a VMP is the appropriate enforcement tool to use.  

Why are we consulting?

We are fulfilling a commitment to our stakeholders that we would consult on how we intend to determine the amount of a VMP.  This was given as part of the engagement that took place on our revised Enforcement Policy and new Enforcement Guidance in 2015.

Related documents:

Full details and associated documents can be found on:

https://consultation.sepa.org.uk/communications/determining-the-amount-of-a-variable-monetary-pena/consult_view

28 November 2016  

Waste Regulation that applies to Reuse Activities

Overview

Reuse is increasingly recognised as an important activity which can extend the life of products, reduce extraction of virgin resources, reduce environmental impacts of waste management, keep value in the economy, create employment and provide products for low income households.

What we are consulting on

We are consulting on Draft Guidance on Waste Regulation that Applies to Reuse Activities.

This guidance outlines a set of principles that can be applied to any reuse activity to help decide whether the items are waste or not. Examples of different types of reuse activities are given to help improve clarity, and consistency.

The aim of the guidance is to provide clarity on when waste regulation applies, and what to do if it does.

Why are we consulting?

A stakeholder workshop in March 2015 identified that there is current lack of clarity about when and how waste legislation applies to reuse activities.

How to respond

Full details on how to respond and associated documents can be found on:

17 November 2016  

SEPA consultation on proposed new guidance on monitoring for heterogeneous Radium-226 sources resulting from historic luminising or waste disposal sites

What are we consulting on?

SEPA is consulting on our proposed new 'Guidance on monitoring for heterogeneous Radium-226 sources resulting from historic luminising or waste disposal sites'.

We have produced this guidance to aid Local Authorities and contractors in undertaking what SEPA considers to be current best practice for radiological walkover surveys concerning gamma emitting radionuclides, specifically radium-226, under Part IIA and also under the Planning regime in Scotland.

Why are we consulting?

We are seeking views from all stakeholders on our proposed new guidance, to ensure that it adequately specifies and explains SEPA’s expectations with regard to current best practice and what would be required of a radiological walkover survey for both land in its current use (i.e. under Part IIA) and land under a change of use (i.e. under planning).

What will we do after the consultation?

After this 8 week consultation has closed we will review and report on the comments we have received. We will consider how to act upon those comments in revising the consultation document before publishing the final guidance.

Contact

rs.unit@sepa.org.uk

Other Information

Audience:

Local Authorities Industry Developers Contractors EA, NRW, NIEA Public

Interests:

Radioactive contamination Radium-226 Radioactive waste Land quality Radiological monitoring Remediation RSA 93 Part IIA Planning BSS

12 October 2016  

SEPA consultation on CAR Licences for Deep Boreholes - Information Requirements

Overview

SEPA is seeking responses to our consultation on the information SEPA requires in support of a deep borehole licence application.

All deep boreholes drilled from April 2013 require a licence under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR) from the Scottish Environment Protection Agency (SEPA). A deep borehole is one that is drilled to or beyond 200m in depth including, but not limited to, deep boreholes drilled for the purpose of unconventional gas extraction, mineral exploration or geothermal energy extraction. However, please note that there is currently a moratorium on granting consents for unconventional gas and underground coal gasification. Therefore, SEPA must refer to the Scottish Government applications for deep boreholes for the purpose of these activities.

What are we consulting on?

SEPA is consulting on our proposed new guidance

CAR Licences for Deep Boreholes - Information Requirements

The guidance is directed at anybody planning to drill and operate a deep borehole in Scotland. It is designed to help them with their application by setting out the minimum information SEPA require to review a deep borehole licence application. This in turn should help improve the quality of applications SEPA receive and therefore improve the efficiency of the licencing process.

Why We Are Consulting

We are seeking views from from interested parties including drillers, consultants and developers involved in the construction and operation of deep boreholes on our proposed new guidance. We especially want to know if it adequately specifies and explains the information we require to assess a deep borehole application.
How to Respond

You can respond by sending your views and comments on the proposals in this paper to the following address:

communications@sepa.org.uk

Responses should be submitted to us by 12 September 2016.

12 September 2016  
SEPA consultation on SEPA’s requirements for activities related to geothermal energy

Overview

SEPA is seeking responses to our consultation on SEPA’s requirements for activities related to geothermal energy.

The extraction of geothermal energy can involve a number of activities which are regulated by SEPA under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR).

What are we consulting on?

SEPA is consulting on our proposed new guidance

SEPA’s requirements for activities related to geothermal energy

his guidance is directed at anybody planning to install a geothermal energy system. It is designed to help developers understand what authorisation is required by SEPA for controlled activities, as defined by the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (CAR), associated with geothermal energy systems.

Why We Are Consulting

We are seeking views from from interested parties including drillers, consultants and developers involved in the geothermal energy schemes on our proposed new guidance.  We especially want to know if the guidance adequately specifies and explains the risks to the water environment and the authorisation that is required under CAR.

How to Respond

You can respond by sending your views and comments on the proposals in this paper to the following address:

communications@sepa.org.uk

Responses should be submitted to us by 12 September 2016.

12 September 2016 Summary of responses

Consultation on proposed new guidance on Food Waste Management in Scotland and review of SEPA’s end-of-waste positions for compost and anaerobic digestate

SEPA is seeking responses to our consultation on guidance which sets out obligations along the chain of food waste management in order to achieve high quality recycling. This chain of management includes the waste producer, collection service provider, food waste treatment facility and final user of the food waste derived compost and / or anaerobic digestate.

Only food waste managed in accordance with the Guidance will fulfil the duty to segregate food waste, demonstrate compliance with duty of care as regards quality requirements and fulfil proposed waste acceptance criteria at food waste treatment facilities regulated by SEPA in Scotland. We intend to include standard permit conditions in all food waste treatment facility permits under a SEPA initiated variation to support the guidance.

We are also seeking feedback on SEPA’s revised regulatory positions for the Regulation of Outputs from Composting and Anaerobic Digestion Processes.  These revisions set out limits (by weight) of physical contaminants (including plastic) to 50% of those specified in PAS 100 and 8% of those specified in PAS110 standards (for compost and anaerobic digestate respectively).

This will align SEPA physical contamination limits with Quality Meat Scotland (QMS) standards.

The consultation documents and survey are available from:
https://consultation.sepa.org.uk/operations-portfolio/food-waste-mananagement-in-scotland

29 June 2016  

Consultation on proposed new guidance: Requirements for Release of Nuclear Sites from Radioactive Substances Regulation

SEPA is seeking responses to our public consultation on our proposed new guidance on Requirements for Release of Nuclear Sites from Radioactive Substances Regulation.

The proposed new guidance has been produced jointly by the Scottish Environment Protection Agency (SEPA), the Environment Agency (EA) and Natural Resources Wales (NRW), together referred to as the environment agencies.

This consultation is being managed by SEPA on behalf all three environment agencies. Full details and the associated documents are available at:

https://consultation.sepa.org.uk/operations-portfolio/grr

Any comments you may wish to make on the proposed guidance will be most welcome. Details of how to respond to the consultation are provided on the Consultation Hub.

9 May 2016  

Consultation on the introduction of standard rules for the permitting of dry cleaning activities

Part IV of the Pollution Prevention and Control (Scotland) Regulations 2012 allows SEPA to specify that standard rules are to be conditions of a permit for a standard installation. It is planned to introduce this approach to the regulation of dry cleaning activities during 2016.

SEPA is seeking comments on the proposals from interested parties including regulated customers, trade associations, representative bodies and local authorities. Consultation and supporting documents are provided below.

15 December 2015 

 

Financial Provision: A consultation on changes to requirements for applicants to demonstrate financial provision for waste management activities

This consultation provides an opportunity for you to give your views on SEPA’s proposed approach to financial provision for waste management sites. We are proposing to change the way in which we calculate financial liability for waste management sites and how we require applicants to demonstrate adequate financial provision for waste management activities. We intend to improve the way in which we assess financial provision in relation to new sites and to apply a new approach to existing sites in certain circumstances.

We are proposing that, where there is greater risk, applicants for or holders of waste management authorisations should be required to ensure funds are ring fenced. This means that steps should be taken to ensure that funds are secure but also available where required.

The proposed changes will help ensure that, where we conclude that ring fenced funds are necessary, the amount is sufficient, the mechanism is secure and the money is available when required. The risk-based approach will provide a balance between protection of the environment, landowners and the public purse on one hand and impact on waste operators on the other.

The proposed changes will be relevant to activities authorised under waste management licences granted under the Environmental Protection Act 1990, and to permits for waste management activities (including landfill activities) granted under the Pollution Prevention and Control (Scotland) Regulations.

SEPA is seeking comments on the proposals from interested parties including regulated customers, trade associations, representative bodies and local authorities.

 4 December 2015

Summary of responses

Consultation on the revision the SEPA compliance assessment scheme

SEPA has measured compliance using its compliance assessment scheme (CAS) since 2009. The revision of CAS is part of our better environmental regulation approach. Our aim is to build on the best points of the current scheme to make CAS fairer, more consistent and proportionate for those we regulate with greater focus on breaches that cause most harm to the environment and persistent poor practice. We also want the scheme to be simpler to use by SEPA and businesses and easier to understand and scrutinise by the public.

SEPA is seeking comments on the proposals from interested parties such as charge payers, trade associations, representative bodies, local authorities and NGOs, as well as members of the public. The published consultation explains the revised principles and the basis on which we will assess compliance.

30 November 2015

Summary of responses PDF icon small (611kb)

Consultation on SEPA enforcement policy and guidance

The Regulatory Reform (Scotland) Act 2014 (the Act) has enabled Scottish Ministers to give SEPA the power to impose fixed and variable monetary penalties and accept enforcement undertakings (the enforcement measures). The enforcement measures form part of the new environmental enforcement framework for Scotland developed jointly with Scottish Government and in partnership with the Crown Office and Procurator Fiscal Service.

This consultation covers those elements of the environmental enforcement framework which are required to be produced by SEPA. We are seeking views in this consultation on:

  • SEPA’s new Enforcement Policy;
  • Guidance from SEPA on how the new enforcement measures will be used, that is required to be produced under the Act.


SEPA is seeking comments on the proposals from interested parties including regulated customers, trade associations, representative bodies, local authorities and NGOs, as well as members of the public.

31 October 2015

Summary of responses PDF icon small (339kb)

Public Consultation on Applications by MoD and RRDL to Dispose Low Level Radioactive Waste at Rosyth Naval Dockyard

SEPA has received two separate, but related, applications in connection with the dismantling of seven redundant nuclear submarines currently stored afloat at the Rosyth naval dockyard in Fife.

The Ministry of Defence (MoD) has applied to obtain a Letter of Approval (LoA) from SEPA to dispose of low level radioactive wastes (LLW) by their transfer to Rosyth Royal Dockyard Limited (RRDL) who will subsequently treat and dispose of all submarine LLW. RRDL currently has a Radioactive Substances Act 1993 (RSA 93) Authorisation which SEPA granted in 2008. However, that Authorisation does not include LLW arising from submarine dismantling operations. Therefore, RRDL has applied to SEPA to obtain a new RSA 93 Authorisation.

SEPA will determine the MoD and RRDL applications separately. However, both applications set out arrangements to manage LLW from submarine dismantling operations at Rosyth naval dockyard. For this reason, SEPA has decided on a joint stakeholder consultation process and to seek stakeholder comments on both applications at the same time. Responses to either, or both, applications should be sent, in writing, to the address below no later than 9 October 2015.

The Registrar Scottish Environment Protection Agency Angus Smith Building Parklands Avenue Eurocentral Holytown North Lanarkshire ML1 4WQ

Or, alternatively, by email to: registry.angussmith@sepa.org.uk

In undertaking this consultation, SEPA is looking for responses on any matters that your organisation, or you as an individual, are aware of that could influence SEPA's decision whether to grant the LoA and the RSA 93 Authorisation, or not. Our consultation comprises information included in the document, below, titled "Public Consultation Document - SEPA" and information in the References, also below.

9 October 2015

 

Consultation on Proposal for a New SEPA Regulatory Charging Scheme

SEPA is obliged to recover from operators the costs to SEPA of regulating the activities for which the operator is responsible. We propose to replace five existing schemes's covering 90% of our chargeable income. We believe this will give a single fairer and more risk-based scheme, delivering greater transparency and consistency. If our proposals are supported, we plan to bring the new charging scheme into effect on 1 April 2016.

SEPA is seeking comments on the proposals from interested parties including charge payers, trade associations, representative bodies, local authorities and NGOs, as well as members of the public. The published consultation explains the revised charging principles and the basis on which we will calculate charges in the future.

24 Sept 2015

Summary and analysis of responses

Consultation on proposals to introduce a charging scheme under the Reservoirs (Scotland) Act 2011 and the Reservoirs (Scotland) Regulations 2015

The regulation of reservoir safety is transferring from local authorities to SEPA.

SEPA has started the six month free registration period whereby existing reservoirs currently registered under the Reservoirs Act 1975 are required to register with SEPA between 1 April and 30 September 2015. Full regulatory duties will transfer to SEPA on 1 April 2016.

Alongside this we are consulting on the future arrangements for registration and subsistence fees along with other charges. We are also writing individually to reservoir managers about this consultation.

10 July 2015

Analysis of responses

Letter to respondents

A public consultation to inform the development of the second river basin management plan for the Solway Tweed river basin district

This consultation will help inform the development of the second river basin management plan for the Solway Tweed river basin district, and is one of the ways that you can influence how Scotland’s water environment is protected and improved in the next river basin planning cycles.

09 June 2015  

Consultation: Draft Flood Risk Management Strategies

Information contributing to the delivery of the Flood Risk Management (Scotland) Act 2009 (FRM Act) will be available for review from Monday 22 December 2014. This information contributes towards Scotland’s first Flood Risk Management Strategies and Local Flood Risk Management Plans. These coordinated plans will help us to make the most effective use of shared resources by targeting areas where the greatest benefit of intervention can be realised.

For each Local Plan District, a Flood Risk Management Strategy will be published by SEPA in December 2015. This consultation, delivered in two phases, publishes draft information that will be contained in each Flood Risk Management Strategy. Phase one will include a summary of the main sources and impacts of flooding in the Local Plan Districts. Phase two, commencing on Monday 2 March 2015, will include draft local flood risk management objectives and actions, as well as information on the draft Local Flood Risk Management Plans.

  • The consultation will open on Monday 22 December 2014 and will close on Tuesday 2 June 2015.
  • The preferred route for responses is through the online consultation facility, https://frm-scotland.org.uk/
  • If required, representations may be made in writing to: SEPA,Flood Risk Management Consultation, Angus Smith Building, 6 Parklands Avenue Eurocentral, Holytown, North Lanarkshire, ML1 4WQ

Hard copies of the documents and questions will be available to view in selected SEPA offices. Selected sections may be translated by SEPA on request if required. For further information contact floodactconsultation@sepa.org.uk or call our contact centre on 03000 99 66 99.

02 Jun 2015  

A public consultation to inform the development of the second river basin management plan for the Scotland river basin district 

This consultation will help inform the development of the second river basin management plan for the Scotland river basin district, and is one of the ways that you can influence how Scotland’s water environment is protected and improved in the next river basin planning cycles.

9 April 2015  

Consultation on the development of SEPA BAT for composting Comments are sought from industry and users on the development of guidance for

the best available techniques (BAT) for composting.
This guidance will be used by SEPA inspectors when considering all aspects of regulation of sites involved in this activity and as such it must be proportionate and accurate. All comments should be submitted in writing to our National Operations Waste Unit by Fri 27 February 2015.

27 February 2015  

Scotland’s national water scarcity plan consultation

This is Scotland’s first national water scarcity plan, setting out how water resources will be managed prior to and during periods of prolonged dry weather. This is to ensure the correct balance is struck between protecting the environment and providing resource for human and economic activity. It sets out:

the high level principles; what steps we and others are currently taking in preparation for periods of water scarcity; what assessment methods we will use to determine the most appropriate response to water scarcity; what action we will take during a period of water scarcity; what action we expect others to take. SEPA is now seeking comments on the plan from interested parties, such as irrigators, distilleries, hydro power companies and Scottish Water as well as fisheries groups and members of the public. Your experiences of water scarcity and any issues which have arisen would be very useful. It is available online and in print.

26 February 2015 Scotland's national water scarcity plan

Consultation on proposed variations to both EDF Authorisations

Application has been made by EDF Energy Nuclear Generation Ltd to vary the Authorisations for both Hunterston B and Torness Power Stations for the disposal of radioactive waste from both stations.  In undertaking this consultation, SEPA is looking for information relevant to the proposed changes, specifically, any matters that your organisation, or you as an individual, are aware of that could influence SEPA's decision.

06 Oct 2014  

The current condition and challenges for the future reports for the Scotland and Solway Tweed districts are now live

This is your opportunity to formally contribute to the development of new approaches for the key management challenges for the second river basin management plans (RBMPs).This consultation is set in the context of updates on character of the water environment and the benefits it provides, and a risk assessment for the targets set out for 2015 in the first plans.

22 Jun 2014  

Consultation: Chapelcross Authorisation Variation

Application has been made by Magnox Ltd to vary their authorisation for the disposal of radioactive waste arising from the Chapelcross Site.

Chapelcross Variation - Public Consultation Document

12 May 2014  

Consultation on a proposal to increase charges in 2014-15 and 2015-16

We invite you to comment on proposals that:

  • Water (CAR), PPC and Radioactive Substances (Nuclear) charges be increased by 2.7% in April 2014 and again in April 2015.
  • Waste (including waste exemptions) charges are increased by 7.7% in April 2014 and again in April 2015.

The following charges will not be increased:

  • Radioactive Substances (Non-Nuclear);
  • Special Waste and Producer Responsibility (Packaging, WEEE and Batteries)
  • EU Emissions Trading Scheme (ETS),
  • Carbon Reduction Commitment (CRC) and
  • Transfrontier Shipments (TFS)
17 Feb 2014  

Consultation on a proposal to amend the Pollution Prevention and Control charging scheme

We invite you to comment on proposed changes to the Pollution Prevention & Control (PPC) charging scheme. The current PPC charging scheme was constructed in accordance with the PPC 2000 Regulations. These are mainly structural changes made necessary by implementation of the Pollution Prevention and Control (Scotland) Regulations 2012 which introduced some new installations to regulation and amended and deleted others. The new Regulations also consolidated and amended other sets of regulations.

17 Feb 2014  

Proposed Changes to Letters of Agreement covering the disposal of Radioactive Wastes from HMNB Clyde Faslane and Coulport

This consultation seeks your views on proposed changes to the administrative agreements currently in place between the Scottish Environment Protection Agency (SEPA) and Ministry of Defence (MoD) relating to the disposal of radioactive wastes from HMNB Clyde Faslane and Coulport.

MoD has certain exemptions from the provisions of the Radioactive Substances Act 1992 (RSA93) in relation to the disposal of radioactive waste.  However, administrative arrangements are in place between MoD and SEPA such that the provisions of RSA93 are applied appropriately.  These arrangements have historically been detailed in site specific Letters of Agreement.  SEPA is treating the update to the HMNB Clyde Faslane and Coulport Letters of Agreement as it would an application for an RSA93 authorisation at a Nuclear Licensed Site.

In undertaking this consultation SEPA is looking for information relevant to these changes.  Specifically any matters that your organisation, or you as an individual, are aware of that could influence SEPA's decision to make authorisation to dispose of radioactive waste.

Representations concerning the application may be made by:

East Kilbride office now closed: contact RegistryAngusSmith@sepa.org.uk if you require information

Any correspondence made before 20 September 2013 will be considered by SEPA when determining the application.  Comments are invited on the understanding that they may be made public by SEPA.  Comments will only be treated as "not for publication" if a specific request to that effect is made to SEPA.

07 Oct 2013  

New Earth Solutions - Easter Langlee : Variation Application

On 27 May 2013 SEPA received an application from New Earth Solutions (Scottish Borders) Ltd to vary the conditions for their permit to operate the Easter Langlee Integrated Waste Recovery and Renewable Energy Facility. This was duly made on 26 June 2013 following receipt of additional information. This activity is regulated under the Pollution Prevention and Control (Scotland) Regulations 2012.

 

07 Aug 2013  

Thermal Treatment of Waste Guidelines 2013

SEPA is consulting on proposed Thermal Treatment of Waste Guidelines 2013. They update and replace the 2009 guidelines to take account of new policy, legislation and practice in the industry.

19 Jul 2013  
Revising the Scottish Pollutant Release Inventory (SPRI) pollutant list and reporting requirements

The purpose of this consultation is to seek comments on the proposed revision of the Scottish Pollutant Release Inventory (SPRI) pollutant list and other reporting requirements. This is the first time the SPRI pollutant substance list has been subject to review since its introduction in 2002.

Our proposal should reduce the regulatory burden on industry and simplify the SPRI system. We are proposing the removal of substances from the SPRI reporting list that are not currently reported, infrequently reported or not required to be reported under legislation.

The consultation provides information on what substances SEPA intends to retain within the SPRI pollutant list, the substances it proposes to remove and a justification for the decision-making.

This consultation also provides additional suggestions for revising the methods of reporting substances.

You can access the consultation by clicking on the following links:

17 July 2013 Revising the Scottish Pollutant Release Inventory (SPRI) pollutant list and reporting requirements - Consultation responses and actions

Flood Risk Management Planning in Scotland: Statement of consultation arrangements

SEPA is leading the implementation of a more sustainable approach to tackle flooding in Scotland. Working in partnership with local authorities and Scottish Water we will produce the first Flood Risk Management (FRM) strategies for 2015-2021, which will help us to manage flood risk more effectively.

As part of this approach, we are publishing the documentFlood Risk Management Planning in Scotland: Statement of Consultation Arrangements. This statement fulfils section 30 of the Flood Risk Management (Scotland) Act 2009 and it outlines the engagement activity we will undertake to prepare the FRM strategies, including a consultation on the draft documents in December 2014.

The purpose of this statement is to outline the consultation arrangements for the first FRM strategies 2015-2021. In setting out these arrangements we hope that public bodies with an interest in flood risk management get in touch with their views and begin to plan their work accordingly. Comments are also welcome from members of the public.

22 Mar 2013

Summary of responses to statement of consultation arrangements

 

Revised statement of consultation arrangements based on responses

 

 

Working together to protect and improve Scotland’s water environment:

Getting involved in developing the second river basin management plan consultation

Comments are sought from public bodies involved in management of the water environment, together with land and water managers, and commercial users on the development of the second river basin management plan.

The consultation:

  • outlines the timetable and work programme for the development of the second river basin management plan in 2015;
  • highlights the opportunities and structures/groups in place to enable you to influence the development of the second plan;
  • provides you with the opportunity to let us know of any additional ways in which you would like to get involved in river basin planning;
  • sets out how we propose to develop a second plan that enables more efficient and integrated management.

You can access the consultations by clicking on the following links:

Please get in touch if you would prefer a hard copy of the document by emailing: rbmp@sepa.org.uk

28 Feb 2013  
Improving the physical condition of Scotland’s water environment

A consultation on a supplementary plan for the River Basin Management Plans

This draft plan underpins our vision of delivering catchment wide management of Scotland’s water environment, so that it can deliver a wider range of services to support people’s health and enjoyment, sustainable economic growth and wildlife.

The focus of this draft plan is on delivering improvements in the physical condition of Scotland’s water environment. By doing so, this plan also aims to deliver biodiversity, amenity and scenic benefits which will enhance the wellbeing of the people of Scotland. The plan also aims to increase the resilience of our natural flood defences and thereby reduce flood risks. In addition, it will reduce river management costs for landowners and create opportunities for economic development.

27 Feb 2013  

Consultation on proposals to increase fees and charges from April 2013

We are seeking your comments on a proposal to increase SEPA charges by two percent from 1 April 2013.

Exceptions for which no increase is proposed are:

  • PPC Part B
  • Special Waste Notifications
  • Producer Responsibility (Packaging Waste)
  • Transfrontier Shipments
  • Waste Electrical and Electronic Equipment
  • Waste Batteries and Accumulators
  • Emissions Trading Scheme (ETS) including aviation charges, and
  • Carbon Reduction Commitment (CRC).
  • View consultation document
15 Feb 2013  
Consultation on proposals to amend the Greenhouse Gas Emissions Trading Scheme Fees and charges scheme

 

This consultation is to inform you of changes to UK regulations to give effect to changes made to the EU Emissions Trading System Directive and proposals to amend SEPA charges to recover the cost of new duties, in line with these changes. The consolidation of previous versions of regulations also removes specific charges for Aircraft operators from the legislation. SEPA is proposing to incorporate these charges, unchanged, into the SEPA fees and charges scheme.

11 Feb 2013  
Consultation on Proposals for Future Funding Arrangements for the Scottish Environment Protection Agency

 

Important changes are proposed to our funding arrangements:

  • moving to a single charging framework;
  • basing future charges on a combination of environmental risk and operator performance;
  • two main options for how the charges could be constructed;
  • substantial increases to charges for poor performance to reflect actual costs to SEPA;
  • ways to incentivise better performance;
  • voluntary levies for industry sectors;
  • voluntary agreements with industry for major projects.

This consultation also contains proposals for a new statutory purpose for SEPA. We were set up by the Environment Act 1995 and the act does not specify a statutory purpose or objectives for our work.

The proposals are consistent with the direction which SEPA and the Scottish Government consulted on earlier this year, and also with the 2010 consultation from SEPA on the high level package for better environmental regulation.

04 Jan 2013

Funding model consultation analysis of responses

Stakeholder letter

Radioactive Substances Act 1993

Application by Dounreay Site Restoration Limited for Authorisation under Section 13 of the Radioactive Substances Act 1993 to Dispose of Radioactive Wastes from the premises at Dounreay, Thurso, Caithness, KW14 7TZ and under Section 14 of the Radioactive Substances Act 1993 to accumulate radioactive waste.

30 Nov 2012  

Dounreay low level waste facility consultation

SEPA has received an application from Dounreay Site Restoration Ltd (DSRL) to dispose of low level radioactive waste in a near-surface repository on land adjacent to the Dounreay Nuclear Licensed Site in accordance with Section 13 of the Radioactive Substances Act 1993 (RSA93).

SEPA is looking for information relevant to this application.

29 Aug 2012  
Water storage schemes for hydropower generation

Consultation: Improving the water environment without a significant adverse impact on renewable energy generation

The river basin management plans for the Scotland and the Solway Tweed river basin districts set ambitious objectives for progressively improving the ecological quality of Scotland's water environment. The plans include improvement objectives for around 70 water bodies that have been assessed as adversely affected by the operation of hydroelectricity schemes. The schemes typically involve the capture and temporary storage of water in reservoirs prior to its abstraction for use in generating electricity. Delivering improvements to the affected water bodies may require changes to the way water is managed within the hydroelectricity schemes and potentially to the volume of water that can be used for electricity generation.

The use of the water environment for electricity generation is licensed under the Water Environment (Controlled Activities) (Scotland) Regulations 2011. The regulations allow the Scottish Environment Protection Agency (SEPA) to vary the terms of licences for the purpose of securing appropriate environmental improvements. When doing so, SEPA has to strike the right balance between supporting renewable energy generation and improving the water environment.

30 Jan 2012  

Introduction of standard rules for the permitting of petrol vapour recovery activities

The Scottish Environment Protection Agency (SEPA) is planning to introduce standard rules for the permitting of petrol vapour recovery activities for the loading and unloading of petrol into stationary storage tanks at petrol stations and also the refuelling of motor vehicles, regulated under Pollution Prevention and Control (Scotland) Regulations 2000 (PPC).

SEPA wants to know what the industry think of the proposal to use standard rules for the permitting of petrol vapour recovery activities. A consultation and supporting documents are provided below.

18 Dec 2011

Summary of responses to the consultation on the introduction of standard rules for the permitting of petrol vapour recovery activities

Visit our petrol stations webpage for further information.

Consultation on the provision & assessment of technically competent management at licensed waste management facilities

This short consultation seeks your views on a new approach to the assessment of technically competent management at licensed waste management facilities. The requirement for a licence holder to provide technically competent management at a site is part of the test of whether an applicant is "fit and proper" to hold a Waste Management Licence. The Waste Management Licensing (Scotland) Regulations 2011 now provide for greater flexibility in how technically competent management is demonstrated.

16 Sep 2011

 

Consultation on the proposed revised methodology for the determination of hazardous substances for the purposes of the Groundwater Daughter Directive

This is a joint consultation by the Joint Agencies Groundwater Directive Advisory Group (JAGDAG), including SEPA, the Environment Agency and the Northern Ireland Environment Agency.

  • Please contact us if you require these consultation documents
24 Aug 2011  
Flooding in Scotland: a consultation on Potentially Vulnerable Areas and Local Plan Districts

This consultation asked for views on how the National Flood Risk Assessment informs the identification of areas for flood risk management planning. Responses to the consultation will help Scotland better plan and co-ordinate actions to reduce the impact on our communities, the economy and the environment, making us more resilient to the impacts of flooding.

For more comprehensive information on the consultation please visit the flood risk management pages.

15 vAug 2011

Flooding in Scotland: A consultation on Potentially Vulnerable Areas and Local Plan Districts

For further information and supporting documents, please visit the flood risk management pages.

Consultation on the Water Charges scheme 2011

This short consultation is to seek your comments on the proposal to introduce a new Water Environment (Controlled Activities) Fees and Charges (Scotland) Scheme 2011. This is necessary because the Water Environment (Controlled Activities) (Scotland) Regulations 2005 have been replaced by the 2011 Regulations.

This is a technical change in so far as the conditions and charges will not change and CAR charges will not be increased from the 2010/11 level however, the 2011 Regulations are numbered differently from the 2005 Regulations. We have concluded that in order to avoid confusion and make the transition into the new Regulations it is best to introduce a new CAR charging scheme to align with the 2011 Regulations at the earliest opportunity.

13 May 2011  
Consultation on a waste data strategy for Scotland

A waste data strategy for Scotland is being developed in accordance with the requirements of Scotland’s Zero Waste Plan which was published in June 2010.

This consultation seeks your views on the overall aims, vision and scope of this proposed strategy, notably on the waste data requirements, issues, outcomes and timescales identified therein, and the way in which the management and reporting of waste data collected by all organisations in Scotland can be improved.

Your views are important because they will ensure that the waste data strategy for Scotland is based upon a good understanding of the strengths and weakness of the current data and an agreed understanding of the potential for improvement.

The proposed strategy aims to produce high quality robust waste data that will help Scotland’s society manage its waste better and make better use of its resources.  It will also deliver the following benefits:

  • Give an improved understanding of what waste is produced and how it is managed;
  • Provide information to support the development of new business opportunities including the development of new waste management infrastructure;
  • Allow businesses and local authorities to benchmark their waste management performance;
  • Provide an information-base upon which waste producers, the resource management sector, the Scottish Government and regulators can work towards delivering the objectives of the Zero Waste Plan;
  • Monitor progress towards domestic and European targets; and
  • Raise public awareness of waste management issues.

It was written by SEPA and Zero Waste Scotland in conjunction with a wide range of stakeholders.  Further information is given in the consultation document.

02 May 2011  
Better environmental regulation: SEPA’s change proposals

This consultation sets out some significant changes that SEPA is proposing in order to improve, simplify and better integrate the environmental protection and improvement services it provides for Scotland.

We want Scotland to have a world class system for environmental regulation – with SEPA doing better with less and delivering services that are efficient, effective and that provide the best value for tax payers and our charge payers.

Our change proposals are focused on achieving simpler, more integrated, more proportionate, and more effective regulation. We want a system that reduces bureaucracy and duplication and that protects and improves the environment and communities. We also need the right tools to allow us to deal with poor environmental practice and to tackle the environmental crimes that do serious economic and social as well as environmental damage to Scotland. Our proposals are about actively regulating the higher environmental risks and focusing our effort more on poor performers, enabling us to reduce effort on consistently high performers and the lower risk activities.  We call this Better Environmental Regulation.

We need your views on what we are proposing, including on the potential for legislative reform that could deliver the streamlined, simpler, more integrated regulatory system we believe Scotland needs to support economic recovery.

14 Feb 2011 Consultation response
Consultation on proposed amendments to SEPA charging schemes for 2011/12

SEPA will not be increasing baseline charges in 2011/12 but proposes to reduce some charges and make some technical changes to transfer charges from the Regulations into SEPA charging schemes. The charging schemes affected are

  • Transfrontier Shipment of Waste (International Waste Shipments)
  • Producer responsibility – WEEE
  • Producer responsibility – batteries
  • EU-ETS Aviation
  • View consultation document
21 Jan 2011  
Qualified Experts for Radioactive Waste Management: A consultation by the UK environment agencies

This consultation is being carried out by the Environment Agency, the Scottish Environment Protection Agency, and the Northern Ireland Environment Agency.

14 Jan 2011 Consultation response

Consultation: SEPA’s consultation on its guidance for developers of run-of river hydropower schemes

Nov 2010 Response to consultees

Consultation: SEPA Flood Risk Management (Scotland) Act consultation on establishing a framework for partnership working that will ultimately support the production of flood risk management plans and how we tackle flooding issues in Scotland. If you would prefer to respond using an online survey please choose the option below

For details of the event which SEPA held to support this consultation please click here.

18 Oct 2010 Consultation response
Consultation: Application by British Energy Generation Limited for Variation of Authorisation under the Substances Act 1993 to dispose of Radioactive wastes from Torness Power Station.  13 Aug 2010  
Consultation: Proposal to amend the charges for the spreading of organic waste on land

This consultation seeks your views on proposals to reduce charges for the registration of farms for the spreading of organic waste.

21 May 2010

Ministerial approval

Para. 7 responses summary

Consultation: Applications made by Magnox North Ltd under the Radioactive Substances Act 1993 in respect of premises at Chapelcross 14 May 2010  
Consultation: SEPA guidance for developers of run-of river hydropower schemes

This consultation seeks your views on our guidance for developers of hydropower schemes. The guidance describes how SEPA intends to achieve Scottish Ministers' policy objectives with respect to striking the right balance between protection of the water environment and renewable energy generation.

30 Apr 2010  
Consultation: Proposals to amend the Radioactive Substances Act 1993 Fees and Charges (Scotland) scheme

This consultation seeks your views on proposed amendments to the Radioactive Substances Act 1993 Fees and Charges (Scotland) Scheme. It proposes amendments to application fees, some subsistence charges and introduces new charges for the revocation or variation of authorisations and registrations and for disposal facilities for Low Level Waste (LLW) to near surface facilities (repositories) and disposal of High Volumes of Very Low Level Waste (HVVLLW) to specified landfill sites.

15 Mar 2010

Ministerial approval

Summary of RSA responses

Consultation on the development of SEPA PPC Technical Guidance Note 35 – Anaerobic Digestion


Comments are sought from industry and users on PPC –TG-35 Anaerobic Digestion. This guidance will be used by SEPA inspectors when considering all aspects of regulation of sites involved in this activity and as such it must be proportionate and accurate. All comments should be submitted in writing to norman.donnelly@sepa.org.uk by Fri 27 July 2012.

27 Jul 2012  
Radioactive Substances Act 1993

Application by Magnox Limited for Authorisation under Section 13 of The Radioactive Substances Act 1993 to Dispose of Radioactive Wastes from the Decommissioning of the Hunterston A Power Station near West Kilbride, Ayrshire Scotland:

20 Jul 2012  

Consultation on Proposals for an Integrated Framework of Environmental Regulation

The proposals outlined in this joint Scottish Government/SEPA consultation build on the direction and findings of SEPA’s Better Environmental Regulation consultation carried out last year. It will deliver a simpler legislative framework which will enable SEPA to focus greatest effort on the environmental problems that matter most. It will provide a more consistent range of enforcement tools so that proportionate and effective action can be taken against those who would damage the environment.

The consultation can be found on the Scottish Government website.

04 Aug 2012