The Environmental Permitting (England and Wales) (Amendment) Regulations 2013

Schedule 15 (large combustion plants)

52.—(1) In Schedule 15 to the principal Regulations, for paragraph 1 substitute—

“1.— (1) This Schedule applies until 1st January 2016 in relation to every existing installation that is a combustion plant to which the Large Combustion Plants Directive applies by virtue of Article 1 of that Directive.

(2) This Schedule ceases to apply on 1st January 2016.”.

(2) After Schedule 15 to the principal Regulations, insert—

Regulation 35(2)(i)

“SCHEDULE 15A Large Combustion Plants: Industrial Emissions Directive

Application

1.   This Schedule applies—

(a) in relation to every new large combustion plant;

(b) from 1st January 2016 in relation to every existing installation that is a large combustion plant.

Interpretation

2.— (1) In this Schedule—

“combustion plant” has the meaning given in Article 3(25) of the Industrial Emissions Directive;

“large combustion plant” means a combustion plant with a total rated thermal input of 50 megawatts or more to which chapter III of the Industrial Emissions Directive applies;  

“new large combustion plant” means a large combustion plant which is not an existing installation.

(2) When interpreting the Industrial Emissions Directive for the purposes of this Schedule—

(a) except where defined in this paragraph, an expression that is defined in Part 1 of these Regulations has the meaning given in that Part;

(b) the competent authority is—

(i) for the purposes of exercising a judgement as to whether there is an overriding need to maintain energy supplies under Articles 30(6) and 37 the Industrial Emissions Directive, the appropriate authority;

(ii) otherwise, the regulator;

(c) “permit” means environmental permit.

Exercise of relevant functions

3.   The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Industrial Emissions Directive—

(a) Article 29;

(b) Article 30(1) to (8), except the second sub-paragraph of 30(5) and the last sub-paragraph of 30(6);

(c) Article 31(1) and (2);

(d) Article 32(2) and (3);

(e) Article 33 except 33(2);

(f) Article 34(1) and (2);

(g) Article 35(1);

(h) Article 37;

(i) Article 38;

(j) Article 39;

(k) Article 40.

Interruption in supply of fuel

4.   The regulator must—

(a) immediately inform the appropriate authority of any derogation under Article 30(5) of the Industrial Emissions Directive;

(b) immediately inform the appropriate authority if it considers that a derogation in accordance with Articles 30(6) or 37(2) of the Industrial Emissions Directive is or might be appropriate.”.