Search Legislation

The Environmental Permitting (England and Wales) Regulations 2010

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Environmental Permitting (England and Wales) Regulations 2010 No. 675

Regulation 35(2)(i)

SCHEDULE 15Large combustion plants

This schedulenoteType=Explanatory Memorandum has no associated

Application

1.  This Schedule applies in relation to every combustion plant to which the Large Combustion Plants Directive applies by virtue of Article 1 of that Directive.

Interpretation

2.  (1)  In this Schedule—

“combustion plant” has the meaning given in Article 2(7) of the Large Combustion Plants Directive;

“existing plant” has the meaning given in Article 2(10) of the Large Combustion Plants Directive; and

“the Large Combustion Plants Directive” means Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants(1).

(2) When interpreting the Large Combustion Plants Directive for the purposes of this Schedule—

(a)except where also 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 judgment of whether there is an overriding need to maintain energy supplies under Article 7(1) or (3) of the Large Combustion Plants Directive, the appropriate authority,

(ii)otherwise, the regulator;

(c)the national emission reduction plan referred to in Article 4(6) of the Large Combustion Plants Directive is the emission plan, as amended from time to time, published under regulation 4(1) of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007(2);

(d)“emission” has the meaning given in the Large Combustion Plants Directive;

(e)“licence” means environmental permit;

(f)“permit” means environmental permit; and

(g)in Article 4(4), ignore the words “and from their inclusion in the national emission reduction plan”.

Exercise of relevant functions

3.  (1)  The regulator must exercise its relevant functions so as to ensure compliance with the following provisions of the Large Combustion Plants Directive—

(a)Article 4(1), (2) and (4);

(b)Article 5(1);

(c)Article 6;

(d)Article 7, except the last sentence of 7(2) and the last sentence of 7(3);

(e)Article 8;

(f)Article 9;

(g)Article 10;

(h)Article 12;

(i)Article 13;

(j)Article 14(1), (2) and (4).

(2) The regulator must—

(a)exercise its relevant functions in relation to a regulated facility which—

(i)is an existing plant, and

(ii)elects to comply with the emission limit values established under Article 4(1) of the Large Combustion Plants Directive,

so as to ensure compliance with Article 4(3)(a) of that Directive; and

(b)exercise its relevant functions in relation to a regulated facility which is included in the national emission reduction plan referred to in Article 4(6) of the Large Combustion Plants Directive so as to ensure compliance with Article 4(3)(b) of that Directive, to the extent that such compliance is not ensured by the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007.

(3) The regulator must—

(a)immediately inform the appropriate authority of any suspension under Article 7(2) or derogation under Article 7(3) of the Large Combustion Plants Directive;

(b)immediately inform the appropriate authority if it considers that the appropriate authority must make a judgment of whether there is an overriding need to maintain energy supplies under Article 7(1) or (3) of the Large Combustion Plants Directive; and

(c)exercise its relevant functions in relation to such a judgment in accordance with the decision of that authority.

(1)

OJ No L 309, 27.11.2001, p 1. There is a relevant corrigendum, OJ No L 319, 23.11.2002, p 30.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources