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The Pollution Prevention and Control (Scotland) Amendment Regulations 2017

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Interpretation: medium combustion plant

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5.  After regulation 3, insert—

Interpretation: medium combustion plant

3A.(1) In these Regulations—

“existing medium combustion plant” means a medium combustion plant put into operation before 20th December 2018 or for which a permit was granted before 19th December 2017 provided that the plant is put into operation no later than 20th December 2018,

“medium combustion plant” means a combustion plant with a rated thermal input equal to or greater than 1 megawatt and less than 50 megawatts but does not include—

(a)

combustion plants covered by Chapter III or IV of the Industrial Emissions Directive,

(b)

combustion plants covered by Regulation (EU) 2016/1628 of the European Parliament and of the Council on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery(1),

(c)

on-farm combustion plants with a total rated thermal input less than or equal to 5 megawatts, that exclusively use unprocessed poultry manure, as referred to in Article 9(a) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002(2), as a fuel,

(d)

combustion plants in which the gaseous products of combustion are used for the direct heating, drying or any other treatment of objects or materials,

(e)

combustion plants in which the gaseous products of combustion are used for direct gas-fired heating used to heat indoor spaces for the purpose of improving workplace conditions,

(f)

post-combustion plants designed to purify the waste gases from industrial processes by combustion, and which are not operated as independent combustion plants,

(g)

any technical apparatus used in the propulsion of a vehicle, ship or aircraft,

(h)

gas turbines and gas and diesel engines, when used on offshore platforms,

(i)

facilities for the regeneration of catalytic cracking catalysts,

(j)

facilities for the conversion of hydrogen sulphide into sulphur,

(k)

reactors used in the chemical industry,

(l)

coke battery furnaces,

(m)

cowpers,

(n)

crematoria,

(o)

combustion plants firing refinery fuels alone or with other fuels for the production of energy within mineral oil and gas refineries,

(p)

recovery boilers within installations for the production of pulp, and

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

(2) For the purposes of regulation 26A, a combination formed by two or more new medium combustion plants is to be treated as a single new medium combustion plant and their rated thermal input is added together for the purpose of calculating the total rated thermal input of the plant where—

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

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

(1)

OJ L 252, 16.9.2016, p.53. Article 64 repeals Directive 97/68/EC (OJ L 59, 27.2.1998, p.1).

(2)

OJ L 300, 14.11.2009, p.1, last amended by Council Regulation (EU) 1385/2013 (OJ L 354, 28.12.2013, p.86).

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