Energy from waste proposals

Planning applications for energy from waste facilities

SEPA provide our views to the planning authority on the environmental impact of energy from waste facilities. We do this by commenting on strategic and local development plans and by responding to consultations on planning applications in our role as a statutory consultee. Our role as a statutory consultee for the land use planning system for both Development Plan and Development Management is described in SEPA planning guidance.

The advice we give in relation to planning applications for energy from waste facilities is:

  • whether the application could be given consent (i.e. whether we are likely to issue a permit to operate based on the information provided to us) under the appropriate regulations;
  • whether it will comply with the Thermal Treatment of Waste Guidelines 2009.

The permitting process

In order to operate an energy from waste facility, the operator must apply to us for a permit under the Pollution Prevention and Control (Scotland) Regulations 2000 (as amended).

When determining an application for a permit under the PPC Regulations, SEPA’s main aim is to ensure that the facility is operated in such a way that human health and the environment are protected from any emission. SEPA will also require that energy is received with a high degree of efficiency.

The applicant must take account of Best Available Techniques (BAT) and our Thermal Treatment of Waste Guidelines 2009 when describing the proposed activity and its environmental impact. They must also advertise their application in a local newspaper and the Edinburgh Gazette.

The application will be subject to statutory consultation, which includes the opportunity for public participation.

We then have to judge whether or not the application meets the requirements of the law. If it does, we will issue a permit defining what the applicant can and cannot do, including minimum performance standards. We are legally obliged to issue a permit if an application meets the legal requirements. We cannot grant a permit if it does not.

Consulting communities and interested parties

We want to make the best decision when we issue an environmental permit. As a result, we consult widely with organisations and members of the public, inviting them to make any comments and ask any questions they may have about the details in the application. Once we have decided on the application, we will issue a draft decision and consult the public involved before we issue our final decision.

We will make public as much of any application as possible on our website. Some parts of the application may not be available for practical reasons (such as large diagrams); however, you can view a hard copy in the local SEPA Registry Office. The final Permit and Decision Document will also be provided on the website.

Ongoing regulation

If a permit is granted, we then start a continued assessment of the plant operations and its environmental performance in a number of ways:

  • Continuous Emissions Monitoring (CEMS) carried out by the operator. This is equipment that is required to be operational and recording all of the time that waste is being burned. Environmental permits have detailed conditions relating to calibration of the equipment and how data is collected and presented to demonstrate compliance with emission limit values ELVs. Operators’ monitoring results are placed on the public register.
  • Periodic Monitoring undertaken by the operator. This is for all substances with an ELV and is undertaken normally twice per year. Some plants have once per month requirements during the first year of operation. Information gained through this type of monitoring is used to check the calibration of CEMS as well as compliance with permit ELVs. Operators’ monitoring results are placed on the public register.
  • Periodic monitoring undertaken by SEPA either by its own scientific staff or by retaining our own contractors. Our own staff have appropriate qualifications and our systems are accredited to UK and international quality standards. Monitoring at WID plants is usually done by experienced and accredited contractors on our behalf.
  • Environmental monitoring (as opposed to monitoring of emissions from a chimney) can be through the collection of ambient atmospheric samples or more commonly soil samples to check for levels of persistent pollutants in the vicinity of any plant.
  • Operators must inform us within 24 hours of any breach of the emissions limits, followed by a fuller report of the size of the release, its impact and how they propose to avoid this happening in the future.
  • During routine inspections (many unannounced) our inspectors review a range of surrogate measures to control emissions such as temperature, plant maintenance, etc. This information is essential in assessing overall compliance with permit conditions.

Enforcement

We have a wide range of enforcement powers. Action can be in the form of:

  • informal discussions;
  • formal letters and meetings;
  • enforcement notices requiring specific action within a specific timescale;
  • recommending prosecution to the Procurator Fiscal.

The action we take depends on the situation. A minor breach of a permit might lead to just a warning letter, but a major breach could result in an enforcement notice demanding that the operator takes specific actions, or even a report to the Procurator Fiscal recommending prosecution.

We can close any part, or all, of an operation by serving a suspension notice if the operator is found not to be complying with the permit. However, that is an extreme measure and would only be used where there is likely to be an imminent risk of serious pollution.

The courts impose fines for offences at their discretion, but they are normally limited to a maximum of £40,000 for each offence. However, the courts can impose unlimited fines in some circumstances.