The Pollution Prevention and Control (Scotland) Regulations 2012

[F1 Existing medium combustion plants S

1.— (1) The emissions into air 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—

(a) Table 2, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine.

(2) The emissions into air from an existing medium combustion plant with a rated thermal input less than or equal to 5 megawatts must not exceed the emission limit values set out in—

(a) Table 1, if the plant is not an engine or gas turbine,

(b) Table 3, if the plant is an engine or gas turbine.

(3) An existing medium combustion plant is exempted from the requirements in sub-paragraphs (1) and (2) if either—

(a) the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 5 years), or

(b) the plant does not operate more than 1000 hours per year (calculated as a rolling average over a period of 5 years) and the plant is operated in case of emergency or extraordinary circumstances for—

(i) backup power production in connected islands in the event of an interruption of the main power supply to an island, or

(ii) heat production in cases of exceptionally cold weather events.

(4) A permit for a medium combustion plant which—

(a) is exempted by sub-paragraph (3) from the requirements in sub-paragraphs (1) and (2), and

(b) is firing solid fuels,

must contain an emission limit value for dust of 200 mg/Nm³.

(5) An existing medium combustion plant with a rated thermal input greater than 5 megawatts is exempted from the requirement in sub-paragraph (1) until 1st January 2030 where at least 50% of the useful heat production of the plant (calculated as a rolling average over a period of 5 years) is delivered in the form of steam or hot water to a public network for district heating.

(6) A permit for a medium combustion plant which is exempted by sub-paragraph (5) from the requirement in sub-paragraph (1) must contain—

(a) emission limit values which do not exceed—

(i) 1100 mg/Nm³ for SO₂, and

(ii) 150 mg/Nm³ for dust,

(b) conditions that are necessary to ensure that—

(i) no significant pollution is caused; and

(ii) a high level of protection for the environment as a whole is achieved.

(7) An existing medium combustion plant is exempted until 1st January 2030 from the requirements in sub-paragraphs (1) and (2) to comply with an emission limit value for dust in Table 1, 2 or 3 where—

(a) the plant fires solid biomass as its main fuel, and

(b) the plant is situated in a zone which conforms with the limit values set out in [F2 [F3 assimilated] law implementing] Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe.

(8) A permit for a medium combustion plant which is exempted by sub-paragraph (7) from the requirements in sub-paragraphs (1) and (2) must contain—

(a) emission limit values which do not exceed 150 mg/Nm³ for dust, and

(b) conditions that are necessary to ensure that—

(i) no significant pollution is caused; and

(ii) a high level of protection of the environment as a whole is achieved.

(10) An existing medium combustion plant is exempted until 1st January 2030 from the requirement in sub-paragraph (1) to comply with the emission limit values for NO_x in Table 3 where the plant is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system.]

Textual Amendments

F1 Sch. 1B inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), reg. 1(1), sch.

F2 Words in sch. 1B para. 1(7)(b) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in sch. 1B para. 1(7)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 23(10)