Proposed Changes to Environmental Regulation Guidance on Who Can Hold an Authorisation, Public Participation, Types of Authorisations and Amendments to Standard Conditions for Registration Level Activities for Water, Waste and Industrial Activities

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-008.

Proposed amendment to the Standard Conditions

We propose to add one Standard Condition under this activity. All other conditions under reference EASR-SC-008 will remain as currently published but will be renumbered accordingly.

We propose to add this Standard Condition:

4. The containers used for the storage of ensiled fish and any other liquids or ensiling solutions must be kept closed and lidded.

Rationale

Condition 4 has been added to ensure that containers are kept closed and lidded. The main emissions from the fish ensiling process are odour and the potential for ensiled fish or ensiling solutions to escape, as well as the potential for vermin to be attracted. This condition is already included in the equivalent Standard Conditions for ensiling of fish over 10m³.

The full set of Standard Conditions which applies to this activity can be viewed on SEPA’s website, under reference EASR-SC-001.

Proposed amendment to the Standard Conditions

We propose to delete Standard Conditions 16 to 24, 34 and 35. All other conditions under reference EASR-SC-001 will remain as currently published and renumbered appropriately.

Standard Condition as currently published

16. Point source emissions to air from the authorised activities must only be made from the gas engine and/or the combined heat and power (CHP) plant stack(s).

17. Any gas engine and/or combined heat and power (CHP) plant stack height associated with the authorised activities must be:

1. greater than or equal to 3 metres above the roof ridge height of the building on which it is located; or,
2. greater than or equal to 3 metres above the ground if it is located separate to any building; and
3. greater than or equal to the height of any part of a building which is located within a distance of 5 times the uncorrected stack height.

18. Emissions of substance(s) to the air from the gas engine and/or CHP plant stack(s) must not exceed the specified emission limit value specified in Table 1.

19. Air must not be added to dilute emissions in order to achieve emission limit values specified in Table 1.

20. The emission of any substance, not specified in Table 1, from the authorised activities must not cause environmental harm.

Table 1: Emissions to air from gas engine and/or CHP: limits

21. Monitoring of emissions of substances to air must be undertaken at the gas engine and/or combined CHP plant stack(s) at the sample port, frequency and using the monitoring standard specified in Table 2.

22. Sample points must be installed, maintained and appropriately identified so that representative samples may be safely obtained.

23. Monitoring must be undertaken:

1. during normal operation;
2. under stable conditions; and
3. at a representative, even load.

24. The first monitoring of emissions must be undertaken within four months of the start of operations.

Table 2: Emissions to air from gas and/or CHP: monitoring requirements

34. Records must be kept of all monitoring results and verification of compliance with the emission limit values specified in Table 1.

35. The results of the monitoring of emissions, as described in condition 22, must be submitted to SEPA within eight weeks of the date the monitoring took place via email to registry@sepa.org.uk.

Rationale

Following informal feedback from industry, we have established that there is not always combustion plant associated with anaerobic digestion plant of this capacity. If a combustion plant is connected to the AD process, the monitoring requirements will vary depending on the capacity of the plant and will be considered separately. It may require a separate authorisation.

The proposed set of Standard Conditions for this activity are as follows:

1. All reasonable steps must be taken to minimise emissions during start-up and shut-down of the process.

2. Bitumen, bitumen emulsion and other binders must be:

1. stored in enclosed storage tanks;
2. handled using enclosed handling systems; and
3. kept within the appropriate temperature range to minimise odour.

3. Dust emissions must be minimised by:

1. containment of dusty processes; and/or
2. suppressing dust using water.

4. Loose aggregate and other potentially dusty materials must be:

1. stored within a silo or container if particulate size is less than 0.1mm;
2. stored in storage bays which are not filled above the external wall height. 

5. Recycled asphalt containing coal tar:

1. must be identified and stored separately from other recycled asphalt;
2. must not be incorporated into the hot roadstone coating process; and
3. removed from site as soon as reasonably practicable.

6. Waste oil (including waste oil referred to as ‘recovered oil’) must not be used as a fuel.

7. Silos or containers must:

1. be fitted with functioning pressure relief valves;
2. have an overfilling alarm; and
3. automatically stop where overfilling or over-pressurisation is identified.

8. Displaced air, resulting from delivery to silos or containers, must be:

1. vented to suitable arrestment equipment designed to emit 10mg/m³; or
2. back vented to the delivery tanker.

9. All deliveries to silos or containers from road vehicles must only be made using vehicles fitted with onboard pressure relief valves and filtration equipment.

10. Bitumen storage containers must have an overfilling alarm.

11. Emissions to air from the authorised activities must only be made from the roadstone coating process stack(s).

12. The roadstone coating process stack height must be:

1. greater than or equal to 3 metres above the roof ridge height of the building on which it is located; or
2. greater than or equal to 3 metres above the ground if it is located separate to any building; and
3. greater than or equal to the height of any part of a building which is located within a distance of 5 times the uncorrected stack height.

13. Emissions of substance(s) to the air from the roadstone coating process stack(s) must not exceed the emission limit value specified in Table 1.

14. Air of substance(s) to the air from the roadstone coating process stack(s) must not exceed the emission limit value specified in Table 1.

15. The emission of any substance, not specified in Table 1, from the authorised activities must not cause environmental harm.

Table 1: Emission limit values from roadstone coating

16. Monitoring must be undertaken at the roadstone coating process stack(s) at the sample port, frequency and using the monitoring standard as specified in Table 2.

17. Sample points must be installed, maintained and appropriately identified so that representative samples may be safely obtained.

18. Monitoring must be undertaken during normal operation and under stable conditions.

19. An alarm system must be provided and maintained in order to provide visual and/or audible notification when arrestment equipment fails or malfunctions.

20. The first monitoring of emissions must be undertaken within four months of the start of operations.

Table 2: Monitoring requirements for roadstone coating

21. All releases to the air from the authorised activities, other than condensed water vapour, during normal operation must be free from visible emissions.

22. Measures must be taken to prevent, or where that is not practicable, minimise:

1. dust;
2. odour; and
3. heat emissions

from the authorised activities.

23. Dust from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.

24. Offensive odours from the authorised activities as perceived by a SEPA officer must not be emitted beyond the boundary of the Authorised Place.

25. All reasonable steps must be taken to prevent the discharge of water from dust suppression activities which may cause harm to the environment.

26. 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:

1. an event that has caused or could cause adverse impact to the environment or harm to human health;
2. an event that results, or could result, in an emission to the environment that is not authorised; and
3. 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. 

27. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.

28. Within 14 days of an event a report must be submitted to SEPA detailing:

1. the reason(s) for the event;
2. the action(s) taken to stop the event and minimise the impacts; and
3. the action(s) taken to prevent the event from reoccurring.

29. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:

1. true and accurate; and
2. kept for a minimum of six years; and
3. provided to SEPA upon request.

30. Records must be kept of the following:

1. all monitoring results and verification of compliance with the emission limit values specified in Table 1.

31. The results of the monitoring of emissions, as described in condition 18, must be submitted to SEPA within eight weeks of the date the monitoring took place via email to registry@sepa.org.uk.

Interpretation of Terms

The Interpretation of Terms for coating of roadstone with heated bitumen at a static location is listed below.

Arrestment equipment

Equipment used to mitigate the effects of emissions.

Asphalt                                    

A mixture of dark bituminous pitch with sand or gravel, used for surfacing roads.

Coal tar                                    

A thick black liquid produced by distilling bituminous coal, containing benzene, naphthalene, phenols, aniline, and other organic chemicals. Asphalt waste containing coal tar is considered to be hazardous waste where the level of coal tar is >0.1%. Asphalt waste containing coal tar is considered to be hazardous waste where the level of coal tar is >0.1%.

Dust                                         

Suspended solid particles and liquid droplets suspended in air which may be deposited on surfaces and may cause air pollution and/or nuisance. 

Emission limit value               

The mass, expressed in terms of specific parameters, concentrated or level of an emission, which may or may not be exceeded during one or more periods of time.

All emission limit values are defined at:

1. a temperature of 273.1K;
2. a pressure of 101.3kPa:

without correction for water vapour content.

Environmental harm               

1. Harm to the health of human beings or living organisms,
2. Harm to the quality of the environment, including:

1. harm to the quality of the environment taken as a whole,
2. harm to the quality of air, water or land, and
3. other impairment of, or interference with, ecosystems,

3. Offence to the senses of human beings,
4. Damage to property, or
5. Impairment of, or any interference with, amenities or other legitimate uses of the environment.

Event                                       

• Any accident which has caused or could cause environmental harm; or
• Any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or
• Force majeure or action taken to save human life or limb.

Normal operation                    

Operation of authorised activities excluding start-up and shut-down periods.

SEPA Officer                           

Any person who is authorised in writing by SEPA under section 108 of the Environment Act 1995.

Uncorrected stack height

The stack height before any required increases in height are made to account for any nearby buildings.

Rationale

The controls primarily focus on managing emissions of odour and dust. The new Standard Conditions introduce additional measures and broaden the scope of the conditions to cover the storage and handling of alternative materials and in silos and other bulk containers. They also clarify that, due to the health and safety risks associated with the high concentrations of polycyclic aromatic hydrocarbons (PAHs), recycled asphalt containing coal tar must not be incorporated into the hot roadstone coating process.

The proposed set of Standard Conditions for this activity are as follows:

1. All reasonable steps must be taken to minimise emissions during start-up and shut-down of the process.

2. Bitumen, bitumen emulsion and other binders must be:

1. stored in enclosed storage tanks;
2. handled using enclosed or sealed handling systems; and
3. kept within the appropriate temperature range to minimise odour.

3. Dust emissions must be minimised by:

1. containment of dusty processes; and/or
2. suppressing dust using water.

4. Loose aggregate and other potentially dusty materials must be:

1. stored within a silo if particulate size is less than 0.1mm;
2. stored in a managed stockpile; or
3. stored in storage bays which are not filled above the external wall height.

5. Recycled asphalt containing coal tar must be:

1. identified and stored separately from other recycled asphalt; and
2. processed only using ambient methods.

6. Silos or containers must:

1. be fitted with functioning pressure relief valves;
2. have an overfilling alarm; and
3. automatically stop during deliveries where overfilling or over-pressurisation is identified.

7. Displaced air, resulting from delivery to silos or containers, must be:

1. vented to suitable arrestment equipment designed to emit 10mg/m³; or
2. back vented to the delivery tanker.

8. All deliveries to silos or containers from road vehicles must only be made using vehicles fitted with onboard pressure relief valves and filtration equipment.

9. Bitumen storage containers must have an overfilling alarm.

10. An alarm system must be provided and maintained in order to provide visual and/or audible notification when arrestment equipment fails or malfunctions.

11. All releases to the air from the authorised activities, other than condensed water vapour, during normal operation must be free from visible emissions.

12. Measures must be taken to prevent, or where that is not practicable, minimise:

1. dust;
2. odour; and
3. heat emissions

from the authorised activities.

13. Dust from the authorised activities must not have a significant impact upon the environment, people or property.

14. Odour from the authorised activities must not have a significant impact upon the environment, people or property.

15. All reasonable steps must be taken to prevent discharges to the water environment resulting from dust suppression activities, which may cause harm to the water environment.

16. SEPA must be notified by email at registry@sepa.org.uk no less than 28 days prior to moving the authorised activity to a new location.

17. The authorised activity must not be carried on at any single location for a period exceeding 12 months.

18. All reasonable steps must be taken to prevent the discharge of water from dust suppression activities which may cause harm to the environment.

19. 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:

1. an event that has caused or could cause adverse impact to the environment or harm to human health;
2. an event that results, or could result, in an emission to the environment that is not authorised; and
3. 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. 

20. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.

21. Within 14 days of an event a report must be submitted to SEPA detailing:

1. the reason(s) for the event;
2. the action(s) taken to stop the event and minimise the impacts; and
3. the action(s) taken to prevent the event from reoccurring.

22. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:

1. true and accurate; and
2. kept for a minimum of six years; and
3. provided to SEPA upon request.

Interpretation of Terms

The Interpretation of Terms for coating of roadstone with bitumen at ambient temperature at a temporary location are listed below.

Arrestment equipment   

Equipment used to mitigate the effects of emissions.

Asphalt                                    

A mixture of dark bituminous pitch with sand or gravel, used for surfacing roads.

Coal tar

A thick black liquid produced by distilling bituminous coal, containing benzene, naphthalene, phenols, aniline, and other organic chemicals. Asphalt waste containing coal tar is considered to be hazardous waste where the level of coal tar is >0.1%. Asphalt waste containing coal tar is considered to be hazardous waste where the level of coal tar is >0.1%.

Dust                                         

Suspended solid particles and liquid droplets suspended in air which may be deposited on surfaces and may cause air pollution and/or nuisance. 

Emission limit value               

The mass, expressed in terms of specific parameters, concentrated or level of an emission, which may or may not be exceeded during one or more periods of time.

All emission limit values are defined at:

1. a temperature of 273.1K;
2. a pressure of 101.3kPa:

without correction for water vapour content.

Environmental harm               

1. Harm to the health of human beings or living organisms,
2. Harm to the quality of the environment, including:

1. harm to the quality of the environment taken as a whole,
2. harm to the quality of air, water or land, and
3. other impairment of, or interference with, ecosystems,

3. Offence to the senses of human beings,
4. Damage to property, or
5. Impairment of, or any interference with, amenities or other legitimate uses of the environment.

Event                                       

• Any accident which has caused or could cause environmental harm; or
• Any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or
• Force majeure or action taken to save human life or limb.

Location                                  

The place where the authorised activity is carried on.

Managed stockpile                  

A controlled pile of materials which minimises airborne dust creation by the use of:

• appropriate siting based on factors such as prevailing winds, proximity of site boundary, neighbours and sensitive receptors;
• wind dynamics control using fencing, bunding, profiling;
• treatment with water and/or suppressants; or
• sized so that the quantity of materials on site is kept to a minimum quantity necessary for operational requirements.

Normal operation                    

Operation of authorised activities excluding start-up and shut-down periods.

SEPA Officer                           

Any person who is authorised in writing by SEPA under section 108 of the Environment Act 1995.

Rationale

The Standard Conditions primarily focus on emissions of odour and dust, as these represent the main risks associated with this activity. The coating of roadstone at ambient temperature is commonly used for cold recycling of bitumen and tar-bound road material, improving sustainability and avoiding the use of virgin materials.

Tar-bound roads can be recycled using this method because the cold bitumen emulsion encapsulates the tar, and no heat is applied that could potentially lead to the release of polycyclic aromatic hydrocarbons (PAHs).

A requirement to notify SEPA 28 days prior to moving to a new location aligns with SEPA’s existing Position Statement Cold Recycling – Treatment, storage and use of asphalt waste containing coal tar (WAS-PS-06). As these projects are temporary in nature, the duration of operations at each location is limited to one year.

The proposed set of Standard Conditions for this activity are as follows:

1. Dust emissions must be minimised by:

1. containment of dusty processes; and/or
2. suppressing dust using water.

2. Loose aggregate and other potentially dusty materials must be:

1. stored in storage bays; and
2. not filled above the external wall height. 

3. Packing of bulk cement must be carried out in totally enclosed purpose-built plant fitted with dust arrestment equipment.

4. The transportation and handling of bulk cement must be carried out using pneumatic or enclosed handling systems.

5. Arrestment equipment, other than that associated with silos, must be:

1. designed to emit <50mg/m³ of dust;
2. fully functional; and
3. fitted with continuously indicative monitor which provides visual and/or audible notification when 75% of the design emission limit is reached.

6. Bulk cement must only be stored within silos or containers.

7. Silos or containers that receive bulk cement deliveries must:

1. be fitted with functioning pressure relief valves;
2. have an overfilling alarm; and
3. automatically stop where overfilling or over-pressurisation is identified.

8. Displaced air, resulting from delivery of bulk cement to silos or containers, must be:

1. vented to suitable arrestment equipment designed to emit 10mg/m³; or
2. back vented to the delivery tanker.

9. All deliveries of bulk cement to silos or containers from road vehicles must only be made using vehicles fitted with onboard pressure relief valves and filtration equipment.

10. Measures must be taken to prevent, or where that is not practicable, minimise:

1. dust; and
2. heat emissions

from the authorised activities.

11. Dust from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.

12. All reasonable steps must be taken to prevent discharges to the water environment resulting from dust suppression measures, which may cause harm to the water environment.

13. 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:

1. an event that has caused or could cause adverse impact to the environment or harm to human health;
2. an event that results, or could result, in an emission to the environment that is not authorised; and
3. 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.

14. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment. 

15. Within 14 days of an event a report must be submitted to SEPA detailing:

1. the reason(s) for the event;
2. the action(s) taken to stop the event and minimise the impacts; and
3. the action(s) taken to prevent the event from reoccurring.

16. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:

1. true and accurate;
2. kept for a minimum of six years; and
3. provided to SEPA upon request.

Interpretation of Terms

The Interpretation of Terms for blending or using cement in bulk at a static location are listed below.

Aggregate                                

Inert granular materials such as sand, gravel or crushed stone used to make concrete.

Arrestment equipment

Equipment used to mitigate the effects of emissions.

Cement                                    

Portland cements, high alumina cements and other powders used as cementitious materials which may be blended with other materials including for example: pulverised fuel ash (PFA) and ground granulated blast furnace slag (GGFS), in accordance with British or European Standards.

Dust                                         

Suspended solid particles and liquid droplets suspended in air which may be deposited on surfaces and may cause air pollution and/or nuisance. 

Environmental harm     

1. Harm to the health of human beings or living organisms,
2. Harm to the quality of the environment, including:

1. harm to the quality of the environment taken as a whole,
2. harm to the quality of air, water or land, and
3. other impairment of, or interference with, ecosystems,

3. Offence to the senses of human beings,
4. Damage to property, or
5. Impairment of, or any interference with, amenities or other legitimate uses of the environment.

Event                                       

• Any accident which has caused or could cause environmental harm; or
• Any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or
• Force majeure or action taken to save human life or limb.

Rationale

The proposed Standard Conditions primarily focus on minimising emissions of dust by refining existing requirements and introducing additional controls, including clearer provisions for the storage, handling and delivery of bulk cement. The scope of the conditions is broadened to ensure consistent application to silos and other bulk containers. The proposed Standard Conditions also introduce a requirement for pneumatic or enclosed handling systems which aligns with established best practice and the relevant process guidance note.

The proposed set of Standard Conditions for this activity are as follows:

1. Dust emissions must be minimised by:

1. containment of dusty processes; and/or
2. suppressing dust using water.

2. Loose aggregate and other potentially dusty materials must be:

1. stored in a managed stockpile; or
2. stored in storage bays which are not filled above the external wall height.

3. Packing of bulk cement must be carried out in totally enclosed purpose-built plant fitted with dust arrestment equipment.

4. The transportation and handling of bulk cement must be carried out using pneumatic or enclosed handling systems.

5. Arrestment equipment, other than that associated with silos, must be:

1. designed to emit <50mg/m³ of dust;
2. fully functional; and
3. fitted with continuously indicative monitor which provides visual and/or audible notification when 75% of the design emission limit is reached.

6. Bulk cement must only be stored within silos or containers.

7. Silos or containers that receive bulk cement deliveries must:

1. be fitted with functioning pressure relief valves;
2. have an overfilling alarm; and
3. automatically stop during deliveries where overfilling or over-pressurisation is identified.

8. Displaced air, resulting from delivery of bulk cement to silos or containers, must be:

1. vented to suitable arrestment equipment designed to emit 10mg/m³; or
2. back vented to the delivery tanker.

9. All deliveries of bulk cement to silos or containers from road vehicles must only be made using vehicles fitted with onboard pressure relief valves and filtration equipment.

10. Measures must be taken to prevent, or where that is not practicable, minimise:

1. dust; and
2. heat emissions

from the authorised activities.

11. Dust from the authorised activities must not have a significant impact upon the environment, people or property.

12. All reasonable steps must be taken to prevent discharges to the water environment resulting from dust suppression activities, which may cause harm to the water environment.

13. SEPA must be notified by email at registry@sepa.org.uk no less than 28 days prior to moving the authorised activity to a new location.

14. The authorised activity must not be carried on at any single location for a period exceeding 12 months.

15. 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:

1. an event that has caused or could cause adverse impact to the environment or harm to human health;
2. an event that results, or could result, in an emission to the environment that is not authorised; and
3. 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.

16. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment. 

17. Within 14 days of an event a report must be submitted to SEPA detailing:

1. the reason(s) for the event;
2. the action(s) taken to stop the event and minimise the impacts; and
3. the action(s) taken to prevent the event from reoccurring.

18. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:

1. true and accurate;
2. kept for a minimum of six years; and
3. provided to SEPA upon request.

Interpretation of Terms

The Interpretation of Terms for blending or using cement in bulk at a temporary location are listed below.

Aggregate                                

Inert granular materials such as sand, gravel or crushed stone used to make concrete.

Arrestment equipment            

Equipment used to mitigate the effects of emissions.

Cement                                    

Portland cements, high alumina cements and other powders used as cementitious materials which may be blended with other materials including for example: pulverised fuel ash (PFA) and ground granulated blast furnace slag (GGFS), in accordance with British or European Standards.

Dust                                         

Suspended solid particles and liquid droplets suspended in air which may be deposited on surfaces and may cause air pollution and/or nuisance. 

Environmental harm               

1. Harm to the health of human beings or living organisms,
2. Harm to the quality of the environment, including:

1. harm to the quality of the environment taken as a whole,
2. harm to the quality of air, water or land, and
3. other impairment of, or interference with, ecosystems,

3. Offence to the senses of human beings,
4. Damage to property, or
5. Impairment of, or any interference with, amenities or other legitimate uses of the environment.

Event                                       

• Any accident which has caused or could cause environmental harm; or
• Any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or
• Force majeure or action taken to save human life or limb.

Location                                 

The place where the authorised activity is carried on.

Managed stockpile

A controlled pile of materials which minimises airborne dust creation by the use of:

• appropriate siting based on factors such as prevailing winds, proximity of site boundary, neighbours and sensitive receptors;
• wind dynamics control using fencing, bunding, profiling;
• treatment with water and/or suppressants; or
• sized so that the quantity of materials on site is kept to a minimum quantity necessary for operational requirements.

Rationale

The Standard Conditions primarily focus on emissions of odour and dust as these represent the main risks associated with this activity.

As these projects are temporary in nature, the duration of operations at each location is limited to one year with a requirement to notify SEPA 28 days prior to moving to a new location.