The Environmental Permitting (England and Wales) Regulations 2016

[F1 Exceptions to environmental permit conditions E+W

6.— (1) Paragraph 5 does not apply in relation to a specified generator falling within paragraph 2(1)(a), or a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c), that is—

(a) used at a site which it is not reasonably practicable to connect to the distribution system;

(b) a back-up generator in respect of which, in the opinion of the regulator, the operator has demonstrated a genuine need to carry out routine testing for more than 50 hours per year.

(2) Paragraph 5 does not apply—

(a) until 1st January 2025 in relation to a Tranche A generator not falling within sub-paragraph (1)—

(i) with a rated thermal input greater than 5 megawatts,

(ii) with nitrogen oxide emissions of 500mg/Nm³ or greater, and

(iii) that operates for more than 50 hours per year;

(b) in relation to a Tranche A generator—

(i) with a rated thermal input greater than 5 megawatts,

(ii) with nitrogen oxide emissions of 500mg/Nm³ or greater,

(iii) that operates for more than 50 hours per year, and

(iv) that is operated only for the purpose of a capacity agreement entered into before 1st December 2016,

for the period in which that capacity agreement remains in force, or until 1st January 2025, whichever is later.

(3) Where a generator falls within sub-paragraph (1) or (2), the regulator must exercise its functions from the relevant date to ensure that the operation of the generator will not give rise to an exceedance of the limit values for nitrogen dioxide specified—

(a) in the case of a generator operated in England, in Schedule 2 to the Air Quality Standards Regulations 2010, and

(b) in the case of a generator operated in Wales, in Schedule 1 to the Air Quality Standards (Wales) Regulations 2010.

(4) Paragraph 5 does not apply in relation to a Tranche A generator—

(a) with a rated thermal input greater than 5 megawatts which—

(i) has an emission of nitrogen oxides of less than 500mg/Nm³, or

(ii) operates for no more than 50 hours per year; or

(b) with a rated thermal input greater than or equal to 1 megawatt but no greater than 5 megawatts,

where it is operated only for the purpose of a capacity agreement entered into before 1st December 2016, during the period in which that capacity agreement remains in force.

(5) Paragraph 5 does not apply in relation to a Tranche A generator with a rated thermal input of less than 1 megawatt where it is operated only for the purpose of a capacity agreement entered into before 31st January 2017, during the period in which that capacity agreement remains in force.

(6) For the purposes of sub-paragraphs (2), (4) and (5), a generator comprised in a specified generator falling within paragraph 2(1)(b) or (c) is deemed to have the total rated thermal input of all the generators comprised in that specified generator.]

Textual Amendments

F1 Schs. 25A, 25B inserted (30.1.2018) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2018 (S.I. 2018/110), regs. 1, 16