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The Greenhouse Gas Emissions Trading Scheme Order 2020

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Greenhouse Gas Emissions Trading Scheme Order 2020 No. 1265

Meaning of regulated activity, etc.

This section has no associated Explanatory Memorandum

3.—(1) In this Order, “regulated activity” means—

(a)an activity set out in an entry in column 1 of table C that results in emissions of the gases set out in the corresponding entry in column 2; and

(b)where such an activity is carried out on a site, the combustion of fuels in any combustion unit (including a combustion unit referred to in sub-paragraph (5)(a) or (b)) operated on the site that results in emissions of such gases, except for a combustion unit to which sub-paragraph (2) applies.

(2) This sub-paragraph applies to a combustion unit if—

(a)the primary purpose of the unit is the incineration of hazardous or municipal waste; and

(b)the unit does not exclusively serve the stationary technical unit or units where the activity referred to in sub-paragraph (1)(a) is carried out.

(3) But sub-paragraph (2) does not apply to a combustion unit that is a flare.

Table C

Column 1

Activities

Column 2

Greenhouse gases

Combustion of fuels on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operatedCarbon dioxide
Refining of mineral oilCarbon dioxide
Production of cokeCarbon dioxide
Metal ore (including sulphide ore) roasting or sintering, including palletisationCarbon dioxide
Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hourCarbon dioxide
Production or processing of ferrous metals (including ferro-alloys) on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated (and “processing” includes processing in rolling mills, re-heaters, annealing furnaces, smitheries, foundries, coating and pickling)Carbon dioxide
Production of primary aluminium

Carbon dioxide

Perfluorocarbons

Production of secondary aluminium on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operatedCarbon dioxide
Production or processing of non-ferrous metals (including production of alloys, refining and foundry casting) on a site where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 megawatts are operatedCarbon dioxide
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per dayCarbon dioxide
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per dayCarbon dioxide
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per dayCarbon dioxide
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per dayCarbon dioxide
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per dayCarbon dioxide
Drying or calcination of gypsum or production of plaster boards and other gypsum products on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operatedCarbon dioxide
Production of pulp from timber or other fibrous materialsCarbon dioxide
Production of paper or cardboard with a production capacity exceeding 20 tonnes per dayCarbon dioxide
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operatedCarbon dioxide
Production of nitric acid

Carbon dioxide

Nitrous oxide

Production of adipic acid

Carbon dioxide

Nitrous oxide

Production of glyoxal and glyoxylic acid

Carbon dioxide

Nitrous oxide

Production of ammoniaCarbon dioxide
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per dayCarbon dioxide
Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per dayCarbon dioxide
Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)Carbon dioxide
Capture of greenhouse gases from other installations for the purpose of transport and geological storage in a storage siteCarbon dioxide
Transport of greenhouse gases by pipelines for geological storage in a storage siteCarbon dioxide
Geological storage of greenhouse gases in a storage siteCarbon dioxide

(4) For the purpose of calculating the production or other capacity set out in an entry in column 1 of table C, where more than one activity referred to in the entry is carried out on a site, the capacities of all such activities must be added together.

(5) For the purpose of calculating the total rated thermal input of combustion units operated on a site, the rated thermal input of all combustion units on the site must be added together, except for—

(a)combustion units with a rated thermal input below 3 megawatts;

(b)combustion units that use only biomass as a fuel.

(6) Where the carrying out of an activity referred to in paragraph (a) of sub-paragraph (1) (that is to say, an activity set out in an entry in column 1 of table C) falls within both—

(a)an entry that does not refer to a threshold expressed as total rated thermal input; and

(b)an entry that refers to such a threshold,

for the purpose of this Order, the reference to the activity in that paragraph must be treated as a reference to the activity falling within the entry referred to in paragraph (a) of this sub-paragraph.

(7) In this Order, “specified emissions” means, in relation to a regulated activity referred to in sub-paragraph (1), the emissions of the gases referred to in that sub-paragraph.

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