(1) For the purpose of these Regulations, two or more new medium combustion plant must be treated as a single medium combustion plant (“the combined plant”), and their rated thermal input added together for the purpose of calculating the total rated thermal input of the combined plant, where—

(a) the waste gases of the combined plant are discharged through a common stack; or

(b) taking into account technical and economic factors, the waste gases of the combined plant could, in the opinion of the Secretary of State, be discharged through a common stack.

(2) Paragraph (1) applies regardless of whether the total rated thermal input of the combined plant is equal to or greater than 50 megawatts, unless Chapter III of the 2010 Directive applies to the combined plant.

Permits

Applications for permits : large combustion installations

Applications for permits: medium combustion plant

4A

Where an application for a permit relates to the operation of a medium combustion plant an application must include the information listed at Annex 1.

Making applications publicly available : large combustion installations

Applications for permits and variation of permits for large combustion installations: effects on the environment of ... member States

Determining applications : large combustion installations

Determining applications: medium combustion plant

7A

Where the Secretary of State receives a duly-made application for a permit that relates to a medium combustion plant but does not relate to a large combustion installation, the Secretary of State must—

(a) start the procedure for determining the application within one month of the operator providing the information referred to in regulation 4A; and

(b) inform the operator when the procedure has started.

Granting and refusal of applications : large combustion installations

Granting and refusal of applications: medium combustion plant

8A

Where the Secretary of State receives an application for a permit that relates to a medium combustion plant, the Secretary of State must give notice to the applicant of the decision to grant a permit or to refuse an application, together with reasons for the decision.

Conditions in permits : large combustion installations

Conditions in permits: medium combustion plant

9A

(1) Where a permit relates to a medium combustion plant, the Secretary of State must set conditions in a permit to secure the matters in paragraph (2).

(2) The matters referred to in paragraph (1) are that—

(a) the operator carries out monitoring of emissions in accordance with, as a minimum, Part 1 of Annex 3;

(b) the operator monitors emissions while firing a fuel or fuel mix that is likely to result in the highest level of emissions and during a period representing normal operating conditions;

(d) the operator keeps a record of and processes all monitoring results in such a way as to enable the verification of compliance with the emission limit values in accordance with Part 2 of Annex 3;

(e) for medium combustion plant using secondary abatement equipment in order to meet the emission limit values for the medium combustion plant, the operator keeps a record of, or information proving, the effective continuous operation of that equipment;

(f) the operator keeps a copy of the permit and, if relevant, any varied permit and related information;

(g) the operator keeps the following for a period of at least six years from the date the result, information or record was created—

(i) the monitoring results and information referred to in sub-paragraphs (d) and (e);

(ii) where applicable, a record of operating hours as referred to in regulations 11C and 11D;

(iii) a record of the type and quantities of fuels used in the plant and of any malfunctions or breakdown of secondary abatement equipment; and

(iv) a record of the events of non-compliance with the emission limit values and the measures taken to address that non-compliance;

(h) there are suitable reporting requirements, which include the provision of the results of emission monitoring and such other data which enables the Secretary of State to verify compliance with the permit;

(i) the operator, without undue delay, makes available the data and information described in sub-paragraphs (f) and (g) to the Secretary of State upon request;

(j) the operator keeps the periods of start-up and shut-down of the medium combustion plant as short as possible;

(k) in respect of any breach of the conditions in a permit, the operator as soon as possible informs the Secretary of State and takes the necessary measures to restore compliance; and

(l) where any breach of the conditions in a permit causes a significant degradation of local air quality, the operator suspends operation of the medium combustion plant until compliance is restored.

Conditions in permits: large and medium combustion plant

9B

The Secretary of State—

(a) must include conditions in a permit which enable the Secretary of State to assess compliance with any relevant emission limit values; and

(b) may include such other conditions in a permit as the Secretary of State thinks fit.

Emission limit values : large combustion installations

Greenhouse gases : large combustion installations

Industrial Emissions Directive: large combustion plant

11A

Where a permit relates to a large combustion plant, the Secretary of State must exercise the Secretary of State’s functions under these Regulations so as to ensure compliance with the following provisions of the 2010 Directive—

(a) Article 29;

(b) Article 30(1) and 30(3) to (8) except that the Secretary of State has no obligation to inform the Commission of any derogation granted under paragraph (5) or (6);

(d) Article 38;

(e) Article 39;

(f) Article 40(1).

Emission limit values: medium combustion plant

11B

(1) Paragraphs (2) to (4) apply subject to regulations 11C to 11G.

(2) From 20th December 2018, emissions into the air of sulphur dioxide, NOx and dust from a new medium combustion plant must not exceed the emission limit values set out in Part 2 of Annex 2.

(3) From 1st January 2025, emissions into the air of sulphur dioxide, NOx and dust from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in Tables 2 and 3 of Part 1 of Annex 2.

(4) From 1st January 2030, emissions into the air of sulphur dioxide, NOx and dust from an existing medium combustion plant with a rated thermal input of 5 megawatts or less must not exceed the emission limit values set out in Tables 1 and 3 of Part 1 of Annex 2.

Limited operating hours – existing medium combustion plant

11C

(1) An existing medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of five years, is not required to comply with the emission limit values set out in Part 1 of Annex 2 during that period of five years, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1 before the start of that period of five years.

(2) An existing medium combustion plant which operates for no more than 1,000 operating hours per year, as a rolling average over a period of five years, is not required to comply with the emission limit values set out in Part 1 of Annex 2 where it operates to produce heat in cases of exceptionally cold weather events during that period of five years, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1 before the start of that period of five years.

Limited operating hours: new medium combustion plant

11D

A new medium combustion plant which operates for no more than 500 operating hours per year, as a rolling average over a period of three years, is not required to comply with the emission limit values set out in Part 2 of Annex 2 during that period of three years, provided that the operator has signed a declaration in accordance with paragraph 7 of Annex 1 before the start of that period of three years.

Temporary derogations: medium combustion plant

11E

(1) This paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel where—

(a) the operator is unable to comply with the relevant emission limit values for sulphur dioxide in regulation 11B, because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage; and

(b) the operator requests a temporary derogation from the requirement to comply with those emission limit values.

(2) Where paragraph (1) applies, the Secretary of State may grant a derogation from the obligation to comply with the emission limit values for a maximum of six months.

(3) This paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

(a) the installation has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas resulting from a serious shortage; and

(b) the installation would need to be equipped with secondary abatement equipment in order to comply with those emissions limit values.

(4) Where paragraph (3) applies, the Secretary of State may grant a derogation from the obligation to comply with the relevant emissions limit values in regulation 11B—

(a) for a maximum of 10 days; or

(b) for such longer period as the operator satisfies the Secretary of State is justified under the circumstances.

Simultaneous use of fuels: medium combustion plant

11F

Where a medium combustion plant simultaneously uses two or more fuels, the emission limit value for each pollutant must be calculated by—

(a) taking the emission limit value relevant for each individual fuel as set out in Annex 2;

(b) determining the fuel-weighted emission limit value, which is obtained by multiplying the individual emission limit value referred to in paragraph (a) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels; and

Emission limit values: compliance

11G

The emission limit values shall be regarded as having been complied with if the results of monitoring conducted in accordance with the conditions of the permit show that the emissions for the combustion installation and the pollutant concerned do not exceed the emission limit value which applies in respect of that installation and that pollutant.

Variation of operation of large combustion installations

Variation of existing permits: medium combustion plant

12A

In any case where there is a permit granted before the relevant date which relates to a medium combustion plant, the Secretary of State must—

(a) review the permit before the relevant date; and

(b) if necessary, vary the permit to ensure that it complies with the relevant requirements of regulation 9A on the relevant date.

Variation of operation of medium combustion plant

12B

(1) Where an operator proposes to vary (“the proposed variation”) the operation of a medium combustion plant, the operator must—

(a) give notice to the Secretary of State of the proposed variation; and

(b) supply such information as the Secretary of State requests in order that the Secretary of State may consider whether or not to approve the variation and what, if any, variation of the permit may be required.

(2) The operator must not put into effect the proposed variation unless and until the operator receives a notice under paragraph (3) approving the variation.

(3) The Secretary of State must, as soon as possible after the notice under paragraph (1) is received, give notice to the operator—

(a) approving the proposed variation, together with any varied conditions in the permit; or

(b) refusing the proposed variation, together with reasons for that decision.

(4) Subject to regulation 9A(1), where the Secretary of State approves a proposed variation, the conditions in the permit may be varied as the Secretary of State thinks fit.

Review of permits : large combustion installations

Variation of conditions in permits for large combustion installations following a review except further to regulation 13(2)(c)

Variation of conditions in permits for large combustion installations following a review further to regulation 13(2)(c)

Review of permits: medium combustion plant

15A

(1) The Secretary of State may at any time review the conditions of a permit which relates to the operation of a medium combustion plant.

(2) An operator must provide, without undue delay, to the Secretary of State such information as the Secretary of State requests which may be needed to review the conditions of a permit.

Register of large combustion installations

Register of medium combustion plant

21A

(1) The Secretary of State must maintain a register of medium combustion plant which includes—

(a) in relation to each medium combustion plant in the register, the information listed in Annex 1; and

(b) information on variations to the medium combustion plant that affect the applicable emission limit values.

(2) The register maintained under paragraph (1) must be kept up to date at reasonable intervals and it, or copies of it, must be made readily accessible to the public, including via the internet.

Fees

Information notices and reporting

Inspections : large combustion installations

Reports further to inspections : large combustion installations

Transboundary projects in ... member States

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