Textual Amendments
F1Sch. 1B inserted (19.12.2017) by The Pollution Prevention and Control (Scotland) Amendment Regulations 2017 (S.S.I. 2017/446), reg. 1(1), sch.
1.—(1) The emissions into air from an existing medium combustion plant with a rated thermal input greater than 5 megawatts must not exceed the emission limit values set out in—
(a)Table 2, if the plant is not an engine or gas turbine,
(b)Table 3, if the plant is an engine or gas turbine.
(2) The emissions into air from an existing medium combustion plant with a rated thermal input less than or equal to 5 megawatts must not exceed the emission limit values set out in—
(a)Table 1, if the plant is not an engine or gas turbine,
(b)Table 3, if the plant is an engine or gas turbine.
(3) An existing medium combustion plant is exempted from the requirements in sub-paragraphs (1) and (2) if either—
(a)the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 5 years), or
(b)the plant does not operate more than 1000 hours per year (calculated as a rolling average over a period of 5 years) and the plant is operated in case of emergency or extraordinary circumstances for—
(i)backup power production in connected islands in the event of an interruption of the main power supply to an island, or
(ii)heat production in cases of exceptionally cold weather events.
(4) A permit for a medium combustion plant which—
(a)is exempted by sub-paragraph (3) from the requirements in sub-paragraphs (1) and (2), and
(b)is firing solid fuels,
must contain an emission limit value for dust of 200 mg/Nm3.
(5) An existing medium combustion plant with a rated thermal input greater than 5 megawatts is exempted from the requirement in sub-paragraph (1) until 1st January 2030 where at least 50% of the useful heat production of the plant (calculated as a rolling average over a period of 5 years) is delivered in the form of steam or hot water to a public network for district heating.
(6) A permit for a medium combustion plant which is exempted by sub-paragraph (5) from the requirement in sub-paragraph (1) must contain—
(a)emission limit values which do not exceed—
(i)1100 mg/Nm3 for SO2, and
(ii)150 mg/Nm3 for dust,
(b)conditions that are necessary to ensure that—
(i)no significant pollution is caused; and
(ii)a high level of protection for the environment as a whole is achieved.
(7) An existing medium combustion plant is exempted until 1st January 2030 from the requirements in sub-paragraphs (1) and (2) to comply with an emission limit value for dust in Table 1, 2 or 3 where—
(a)the plant fires solid biomass as its main fuel, and
(b)the plant is situated in a zone which conforms with the limit values set out in [F2[F3assimilated] law implementing] Directive 2008/50/EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe.
(8) A permit for a medium combustion plant which is exempted by sub-paragraph (7) from the requirements in sub-paragraphs (1) and (2) must contain—
(a)emission limit values which do not exceed 150 mg/Nm3 for dust, and
(b)conditions that are necessary to ensure that—
(i)no significant pollution is caused; and
(ii)a high level of protection of the environment as a whole is achieved.
(10) An existing medium combustion plant is exempted until 1st January 2030 from the requirement in sub-paragraph (1) to comply with the emission limit values for NOx in Table 3 where the plant is used to drive gas compressor stations required to ensure the safety and security of a national gas transmission system.
Textual Amendments
F2Words in sch. 1B para. 1(7)(b) inserted (31.12.2020) by The Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/26), regs. 1, 13(23)(a); 2020 c. 1, Sch. 5 para. 1(1)
2.—(1) The emissions into air from a new medium combustion plant must not exceed the emission limit values set out in—
(a)Table 4, if the plant is not an engine or gas turbine,
(b)Table 5, if the plant is an engine or gas turbine.
(2) A new medium combustion plant is exempted from the requirements in sub-paragraph (1) where the plant does not operate more than 500 hours per year (calculated as a rolling average over a period of 3 years).
(3) A permit for a new medium combustion plant which—
(a)is exempted by sub-paragraph (2) from the requirements in sub-paragraph (1), and
(b)is firing solid fuels,
must contain an emission limit value for dust of 100 mg/Nm3.
3.—(1) A medium combustion plant may be exempted for a maximum period of 6 months from the requirements in paragraphs 1(1) and (2) and 2(1) to comply with an emission limit value for SO2 where the plant—
(a)normally uses low-sulphur fuel, and
(b)the operator is unable to comply with an emission limit value due to an interruption in the supply of low-sulphur fuel resulting from a serious shortage.
(2) A medium combustion plant may be exempted for a maximum period of 10 days from the requirements in paragraphs 1(1) and (2) and 2(1) where the plant—
(a)uses only gaseous fuel,
(b)has to resort exceptionally to the use of non-gaseous fuel due to a sudden interruption on the supply of gas, and
(c)requires to be fitted with secondary abatement equipment due to the interruption.
(3) The period referred to in sub-paragraph (2) may be extended where SEPA considers, following representations from the operator, that a longer period is justified.
4. SEPA must inform the Scottish Ministers within 14 days if it grants an exemption from the requirements in paragraphs 1(1) and (2) and 2(1) on the grounds set out in paragraph 3(1) or (2).
5. Where a medium combustion plant simultaneously fires two or more fuels, the emission limit value for each pollutant is calculated by—
(a)taking the emission limit value in Table 1, 2, 3, 4 or 5 for each fuel,
(b)determining the fuel-weighted emission limit value, which is obtained by multiplying the individual emission limit value by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels, and
(c)aggregating the fuel-weighted emission limit values.
6.—(1) The operator of a medium combustion plant must—
(a)where the plant is using more than one fuel type, monitor emissions—
(i)while the fuel or fuel mix likely to result in the highest level of emissions is being fired, and
(ii)during a period which is representative of normal operating conditions,
(b)keep a record of, and process, all monitoring results in such a way as to enable verification of compliance with the applicable emission limit values,
(c)keep a record of, or information proving, the effective continuous operation of secondary abatement equipment in use at the plant,
(d)keep the following:—
(i)the permit and, if relevant, variations and related information,
(ii)the monitoring results and information referred to in sub-paragraphs (b) and (c),
(iii)a record of the plant’s operating hours if applicable for the purposes of paragraph 1(3) or 2(2),
(iii)a record of the type and quantities of fuel used in the plant,
(iv)a record of any breakdown or malfunction of secondary abatement equipment,
(v)a record of a breach of an emission limit value, and the measures taken by the operator to restore compliance,
(e)keep the information referred to in head (d)(ii) to (v) for a period of at least 6 years.
(2) The operator of a medium combustion plant must either—
(a)measure emissions at least every three years; or
(b)measure emissions continuously.
(3) But where sub-paragraph (4) applies, the operator must measure emissions at the most frequent of—
(a)after the elapse of three times the maximum permitted average annual operating hours,
(b)every five years.
(4) This paragraph applies to a medium combustion plant which is—
(a)exempted from the requirements of paragraph 1(1) and (2) by paragraph 1(3), or
(b)exempted from the requirements of paragraph 2(1) by paragraph 2(2).
(5) The operator of a medium combustion plant is only required to measure emissions of—
(a)pollutants for which an emission limit value is included in the operator’s permit by virtue of this schedule, and
(b)carbon monoxide.
(6) The operator of a medium combustion plant must take the first measurement of emissions by the later of the date falling 4 months after—
(a)the grant of the permit,
(b)the date of the start of operation of the plant.
(7) As an alternative to the requirements of sub-paragraphs (2), (3) and (5)(a), the operator of a medium combustion plant may use other procedures which have been verified and approved by SEPA to determine SO2 emissions from the plant.
(8) Where an operator is required to measure emissions continuously—
(a)the measuring systems must be subject to checking by means of parallel measurements with the reference methods at least annually, and
(b)the operator must provide the results of the check to SEPA.
(9) Measurements must be taken when—
(a)the plant is operating under stable conditions at a representative even load, and
(b)the plant is not starting-up or shutting down.
7. Where an operator of a medium combustion plant fails to comply with an emission limit value—
(a)the operator must immediately take such measures as are needed to ensure compliance with the permit as soon as reasonably practicable,
(b)the operator must provide SEPA within the shortest possible time with details (in writing) of the non-compliance and the measures taken to restore compliance,
(c)the operator must suspend operation of the plant until compliance is restored if the non-compliance causes a significant degradation of local air quality.
8.—(1) In the case of periodic measurements, an emission limit value is to be treated as being complied with if each of the series of measurements (or other procedures) do not exceed the emission limit value.
(2) In the case of continuous measurements, an emission limit value is to be treated as being complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met:—
(a)no validated monthly average value exceeds the emission limit value,
(b)no validated daily average value exceeds 110% of the emission limit value,
(c)in the case of plant composed only of boilers using coal, no validated daily average value exceeds 150 % of the emission limit value,
(d)95% of all the validated hourly average values over the year do not exceed 20 % of the emission limit value.
(3) At the emission limit value level, the values of the 95% confidence intervals of a single measured result must not exceed the following percentages of the emission limit values:—
(a)10% for emissions of carbon monoxide,
(b)20% for emissions of sulphur dioxide,
(c)20% for emissions of nitrogen oxides,
(d)30% for dust.
(4) The validated hourly and daily average values are determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in sub-paragraph (3).
(5) A day is invalidated if more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system.
(6) For the purpose of calculating average emission limit values—
(a)periods of start-up and shut-down, and
(b)the periods referred to in paragraph 3,
are to be disregarded.
9. The operator of a medium combustion plant must keep periods of start-up and shut-down of the plant as short as possible.
10. In this schedule—
(a)“biomass” means—
(i)products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content,
(ii)vegetable waste from agriculture and forestry,
(iii)vegetable waste from the food processing industry, if the heat generated is recovered,
(iv)fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered,
(v)cork waste,
(vi)wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste,
[F4(b)“micro isolated system” means any system with consumption of less than 500 gigawatt hours in the year 1996, where there is no interconnection with other systems,]
[F5(c)“small isolated system” means any system with consumption of less than 3000 gigawatt hours in the year 1996, where less than 5% of annual consumption is obtained through interconnection with other systems,]
(d)“Table 1”, “Table 2”, “Table 3”, “Table 4” and “Table 5” mean the tables with those numbers in Part 2 as read with the notes to the table,
(e)a reference to any other term defined in the Medium Combustion Plant Directive has the same meaning in as in that Directive.]
Textual Amendments