Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

In proposed amendments to EASR, Scottish Government has included this new activity to expand the existing regulation of carbon capture to include emerging technologies.

This activity involves the capture of a carbon dioxide (CO2) air stream (for example from an anaerobic digestion or distilling process), which is treated using physical separation methods such as pressure and temperature to form liquid CO2 or solid dry ice. This purified CO2 can be reused, potentially in food and drink or industrial sectors if it meets the correct standards. If the CO2 stream requires treatment with chemicals, this process will require a permit.

Activity description

Any activity [carried on in a technical unit] for the capture of carbon dioxide for the purposes of utilisation or storage.

Standard conditions

Below is the list of core and activity-specific standard conditions for carbon capture and storage using direct capture/physical separation methods.

1. All releases to the air from the authorised activities, other than condensed water vapour, during normal operation must be free from visible emissions.
    
2. Carbon must be captured using either:
   
   a. direct capture; or
   
   b. physical separation mechanisms.
    
3. Chemicals must not be used as absorbents in the carbon capture process.
    
4. The carbon dioxide (CO2) produced must be manufactured to a standard that ensures it can be re-used.
    
5. The minimum rate of carbon capture must be 80%.
    
6. The incoming gas stream to the capture process must not contain contaminants or impurities which could cause environmental harm.
    
7. Measures must be taken to prevent, or where that is not practicable, minimise venting of carbon dioxide.
    
8. The volume of carbon stored at the Authorised Place must not exceed 150 tonnes.
    
9. Measures must be taken to ensure that fugitive emissions and leaks of carbon dioxide are minimised.
    
10. Measures must be taken to prevent, or where that is not practicable, minimise heat emissions from the authorised activities.
     
11. SEPA must be notified via its pollution hotline contact telephone number as soon as reasonably practicable, and in any case within 24 hours of identification of an event, of any of the following:
    
    a. an event that has caused or could cause adverse impact to the environment or harm to human health;
    
    b. an event that results, or could result, in an emission to the environment that is not authorised; and
    
    c. an event that has caused a breach of a condition of this authorisation.
    
    In this condition, the meaning of ‘event’ is as defined in the Interpretation of Terms of this authorisation.
     
12. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
     
13. Within 14 days of an event a report must be submitted to SEPA detailing:
    
    a. the reason(s) for the event;
    
    b. the action(s) taken to stop the event and minimise the impacts; and
    
    c. the action(s) taken to prevent the event from reoccurring.
     
14. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation, must be:
    
    a. true and accurate;
    
    b. kept for a minimum of six years; and
    
    c. provided to SEPA upon request.