The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

[F1 Exceptions to permit conditions N.I.

6.— (1) Paragraph 5 does not apply in relation to—

(a) a specified generator used at a site to which it is not reasonably practicable to supply mains power;

(b) a specified generator that is a back-up generator for which the operator has demonstrated to the enforcing authority a genuine need to carry out routine testing for more than 50 hours per year.

(2) Paragraph 5 does not apply—

(a) until 1^st January 2025 in relation to an existing generator—

(i) with a rated thermal input greater than 5 megawatts but not more than 50 megawatts;

(ii) with nitrogen oxide emissions of 500mg/Nm³ or greater;

(iii) which operates for more than 50 hours per year;

(b) in relation to an existing generator—

(i) falling within sub-paragraph (2)(a);

(ii) that is operated only for the purpose of a capacity market framework agreement entered into before 1^st December 2016;

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

(3) Where a specified generator falls within sub-paragraphs (1) or (2), the enforcing authority must exercise its functions from the relevant date to ensure that the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified in the case of a generator operated in Northern Ireland, in Schedule 2 to the Air Quality Standards (Northern Ireland) Regulations 2010.

(4) Paragraph 5 does not apply in relation to an existing generator—

(a) with a rated thermal input greater than 5 megawatts and less than 50 megawatts which—

(i) has an emission of nitrogen oxides of less than 500mg/Nm³; or

(ii) operates for no more than 50 hours per year; or

(b) with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts;

where it is operated only for the purpose of a capacity market framework agreement entered into before 1st December 2016, during the period in which that capacity market framework agreement remains in force.

(5) Paragraph 5 does not apply in relation to an existing generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity market framework agreement entered into before 1^st December 2016, during the period in which that capacity market framework agreement remains in force.

(6) In the case of a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c)—

(a) the generator is deemed to have the total rated thermal input of all the generators comprised in the specified generator for the purposes of sub-paragraphs (2), (4) and (5), and;

(b) “relevant date” in sub-paragraph (3) means the relevant date relating to that generator.]

Textual Amendments

F1 Sch. 9B inserted (20.3.2018) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/33), regs. 1, 7