Maximum sulphur content of heavy fuel oil4.

(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)9; or

(ii)

a permit under Regulations made under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities)10,

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.