Maximum sulphur content of heavy fuel oil
4.—(1) Subject to paragraph (2), no person shall use any heavy fuel oil which has a sulphur content that exceeds 1 per cent by mass.
(2) Paragraph (1) shall not apply to the use of heavy fuel oil–
(a)in a new plant which is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for such plant in Annex IV to Directive 2001/80/EC;
(b)in an existing plant which–
(i)until 31st December 2007, is operated in accordance with a permit which contains a condition which prohibits the emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or
(ii)on and after 1st January 2008, is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Part A of Annex IV to Directive 2001/80/EC;
(c)in a combustion plant, other than a new or existing plant to which sub paragraphs (a) or (b) apply, which is operated in accordance with a permit which contains a condition which prohibits the emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or
(d)in combustion plants forming part of a refinery other than–
(i)a new plant to which sub paragraph (a) applies; or
(ii)an existing plant to which sub paragraph (b)(ii) applies,
and where the combustion plants are operated in accordance with a permit which contains a condition that their monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the fuel or fuel combination used, does not exceed 1,700 mg/Nm3.
(3) SEPA shall ensure that appropriate monitoring of emissions of sulphur dioxide is carried out to ensure that the limitations on emissions contained in a permit referred to in paragraph (2) are met.
(4) In this regulation “permit” means–
(a)either–
(i)an authorisation under Part I of the Environmental Protection Act 1990 (pollution control)(1); or
(ii)a permit under Regulations made under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities)(2),
if the operation of the combustion plant requires such an authorisation or permit; or
(b)a sulphur content of liquid fuels permit.
(5) Schedule 1 (sulphur content of liquid fuels permits) has effect.
1990 c. 43. Section 6 (authorisations: general provisions) of the 1990 Act was amended by the Environment Act 1995 (c. 25) Schedule 22, paragraph 48, and by the Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323) Schedule 10, paragraph 3(2).