2013 No. 2696

Environmental Protection
Electricity

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

Made

Laid before Parliament

Coming into force

The Secretary of State is designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the environment.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of that Act.

Citation, commencement and extent1

1

These Regulations may be cited as the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013 and come into force on 25th November 2013.

2

These Regulations extend to Great Britain.

Interpretation2

1

In these Regulations—

  • “the 2008 Act” means the Planning Act 20083;

  • “appropriate authority” means—

    1. a

      in relation to a combustion plant in England and Wales, the Secretary of State; and

    2. b

      in relation to a combustion plant in Scotland, the Scottish Ministers;

  • “CCR assessment”, in relation to a combustion plant, means an assessment as to whether the CCR conditions are met in relation to that plant;

  • “CO2” means carbon dioxide;

  • “combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat thus generated, but does not include the types of plant listed in points (a) to (j) of Article 28 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast)4;

  • “consent order” means an order granting development consent within the meaning of section 31 of the 2008 Act;

  • “relevant consent order” means a consent order—

    1. a

      for the construction of a combustion plant with a rated electrical output of 300 megawatts or more; or

    2. b

      for a relevant extension;

  • “relevant extension” means an extension to a combustion plant which will have the effect of increasing the rated electrical output of the plant to 300 megawatts or more;

  • “relevant section 36 consent” means a section 36 consent—

    1. a

      for the construction of a combustion plant with a rated electrical output of 300 megawatts or more; or

    2. b

      for a relevant extension;

  • “section 36 consent” means a consent under section 36 of the Electricity Act 19895; and

  • “storage site” has the meaning given by Article 3 of Directive 2009/31/EC of the European Parliament and of the Council on the geological storage of carbon dioxide6.

2

For the purposes of these Regulations, the CCR conditions are met in relation to a combustion plant, if, in respect of all of its expected emissions of CO2—

a

suitable storage sites are available;

b

it is technically and economically feasible to retrofit the plant with the equipment necessary to capture that CO2; and

c

it is technically and economically feasible to transport such captured CO2 to the storage sites referred to in sub-paragraph (a).

Development consent: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met3

1

The Secretary of State must not make a relevant consent order unless the Secretary of State has determined whether the CCR conditions are met in relation to the combustion plant to which the consent order relates.

2

The Secretary of State’s determination under paragraph (1) must be made on the basis of—

a

a CCR assessment of the combustion plant prepared by the person who made the application for the relevant consent order; and

b

any other available information, particularly concerning the protection of the environment and human health.

3

If the Secretary of State—

a

determines that the CCR conditions are met in relation to a combustion plant; and

b

decides to make a relevant consent order in respect of that plant,

the Secretary of State must include a requirement in the relevant consent order that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

4

In this regulation, in the case of a consent order for a relevant extension, references to a “combustion plant” are references to that plant as extended.

Changes to development consent orders: determination of carbon capture readiness and requirements to be imposed where CCR conditions are met4

1

The Secretary of State must not—

a

change a consent order in respect of a combustion plant with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of 300 megawatts or more; or

b

change a relevant consent order in such a way as to enable a combustion plant to increase its rated electrical output,

unless the Secretary of State has determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the consent order as so changed (“the modified plant”).

2

The Secretary of State’s determination under paragraph (1) must be made on the basis of—

a

a CCR assessment of the modified plant prepared by—

i

where an application was made for the consent order to be changed, the person who made the application;

ii

the operator of the combustion plant; or

iii

a person who intends to operate the combustion plant; and

b

any other available information, particularly concerning the protection of the environment and human health.

3

If the Secretary of State—

a

determines that the CCR conditions are met in relation to a combustion plant; and

b

decides to—

i

change a consent order in respect of that plant in the way described in paragraph (1)(a); or

ii

change a relevant consent order in respect of that plant in the way described in paragraph (1)(b),

the Secretary of State must ensure that the consent order (as changed) includes a requirement that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

4

In this regulation, “change” means to make a change using the powers conferred by Schedule 6 to the 2008 Act7.

Section 36 consent: determination of carbon capture readiness and conditions to be imposed where CCR conditions are met5

1

The appropriate authority must not grant a relevant section 36 consent unless the appropriate authority has determined whether the CCR conditions are met in relation to the combustion plant to which the section 36 consent relates.

2

The appropriate authority’s determination under paragraph (1) must be made on the basis of—

a

a CCR assessment of the combustion plant prepared by the person who made the application for the relevant section 36 consent; and

b

any other available information, particularly concerning the protection of the environment and human health.

3

If the appropriate authority—

a

determines that the CCR conditions are met in relation to a combustion plant; and

b

decides to grant a relevant section 36 consent in respect of that plant,

it must include in the relevant section 36 consent a condition that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

4

In this regulation, in the case of a section 36 consent for a relevant extension, references to a “combustion plant” are references to that plant as extended.

Variations of section 36 consents: determination of carbon capture readiness and conditions to be imposed where CCR conditions are met6

1

The appropriate authority must not—

a

vary a section 36 consent in respect of a combustion plant with a rated electrical output of less than 300 megawatts in such a way as to enable the plant to have a rated electrical output of 300 megawatts or more; or

b

vary a relevant section 36 consent in such a way as to enable a combustion plant to increase its rated electrical output,

unless the appropriate authority has determined whether the CCR conditions are met in relation to the combustion plant, as constructed or extended in accordance with the section 36 consent as so varied (“the modified plant”).

2

The appropriate authority’s determination under paragraph (1) must be made on the basis of—

a

a CCR assessment of the modified plant prepared by the person who applied for the section 36 consent to be varied; and

b

any other available information, particularly concerning the protection of the environment and human health.

3

If the appropriate authority—

a

determines that the CCR conditions are met in relation to a combustion plant; and

b

decides to—

i

vary a section 36 consent in respect of that plant in the way described in paragraph (1)(a); or

ii

vary a relevant section 36 consent in respect of that plant in the way described in paragraph (1)(b),

it must ensure that the section 36 consent (as varied) includes a condition that suitable space is set aside for the equipment necessary to capture and compress all of the CO2 that would otherwise be emitted from the plant.

4

In this regulation, “vary” means to make a variation under section 36C of the Electricity Act 19898.

Review7

Before 30th November 2018, the Secretary of State must—

a

carry out a review of these Regulations;

b

set out the conclusions of the review in a report; and

c

publish the report.

Michael FallonMinister of State for EnergyDepartment of Energy and Climate Change
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Article 36 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) (OJNo. L334, 17.12.2010, p.17) (“the 2010 Directive”). Article 36 of the 2010 Directive replicates the requirements of Article 9a of 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 (OJNo. L309, 27.11.2001, p.1) (“the 2001 Directive”)9.

These Regulations relate to orders for development consent under the Planning Act 2008 (c. 29) and to consents under section 36 of the Electricity Act 1989 (c. 29) for the construction of combustion plants with a rated electrical output of 300 megawatts or more (and for extensions to combustion plants which will have the effect of increasing the rated electrical output of the plant to 300 megawatts or more). Before making such an order (regulation 3) or granting such a consent (regulation 5) the Secretary of State or Scottish Ministers (as applicable) must determine whether certain conditions are met relating to the feasibility of carbon capture and storage. If the conditions are met, the order or consent must include requirements or conditions for suitable space to be set aside for equipment necessary to capture and compress all the carbon dioxide that would otherwise be emitted from the plant. Regulations 4 and 6 make similar provision in the case of changes or variations to development consent orders or section 36 consents respectively, where the change or variation would enable a combustion plant to have a rated electrical output of 300 megawatts or more, or, in the case of a plant with an existing rated electrical output of 300 megawatts or more, would enable an increase in the rated electrical output of that plant.

An impact assessment was prepared in 2009 in relation to the adoption of policy and guidance for development consent orders and section 36 consents which reflected the requirements of Article 9a of the 2001 Directive (now contained in Article 36 of the 2010 Directive). An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. The 2009 impact assessment can be obtained from the Department of Energy and Climate Change, Energy Markets Unit, 4th Floor, 3 Whitehall Place, London, SW1A 2AW. Copies have been placed in the libraries of both Houses of Parliament.

A transposition note setting out how the 2010 Directive is transposed into the law of England and Wales is available and has been published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.