The Emissions Performance Standard Regulations 2015

PART 2 Emissions limit duty

Application of emissions limit duty to additional cases

3.—(1) The emissions limit duty applies to a generating unit which satisfies the conditions in paragraphs (2) and (3).

(2) The condition in this paragraph is that the generating unit uses—

(a) fossil fuel; or

(b) fuel produced by gasification plant.

(3) The conditions in this paragraph are that—

(a) the generating station in which the generating unit is located was the subject of a relevant consent granted before 18th February 2014; and

(b) on or after 18th February 2014—

(i) any main boiler in that generating unit is replaced; or

(ii) an additional main boiler is installed in the generating unit.

(4) For the purposes of paragraph (3)(a), a generating station is to be treated as the subject of a relevant consent if, by virtue of a consent or approval granted before section 36 of the Electricity Act 1989(1) or Article 39 of the Electricity (Northern Ireland) Order 1992(2) came into force, no relevant consent was required in respect of it.

(5) The emissions limit duty does not apply to any generating equipment of a generating station in which the generating unit is located if that equipment is installed for safety purposes or for use in an emergency.

(6) In paragraph (5), “emergency” means an occurrence which involves a risk to the health or safety of persons or to the safe operation of the generating station.

Modification of emissions limit

4.—(1) Paragraph (3) applies to a relevant fossil fuel plant in respect of any year in which the plant meets any of the conditions in paragraph (2).

(2) The conditions referred to in paragraph (1) are that during the year in question—

(a) the relevant fossil fuel plant is used for the first time for the generation of electricity;

(b) the relevant fossil fuel plant permanently ceases to be used for the generation of electricity;

(c) the emissions limit duty does not apply in relation to a generating unit in the relevant fossil fuel plant by virtue of section 58 of the Act; or

(d) the installed generating capacity of the generating station is altered.

(3) Where this paragraph applies, the emissions limit of the relevant fossil fuel plant for the purposes of section 57 of the Act and regulations 9 and 11 is EL_(revised) tonnes of carbon dioxide, calculated in accordance with paragraph (4).

(4) In paragraph (3), EL_(revised) means—

(a) if the condition in paragraph (2)(a) applies—

where—

• EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3); and

• N is the number of days of the year in which the relevant fossil fuel plant generated electricity after the relevant fossil fuel plant commences generation, including the day on which the generation commenced;

(b) if the condition in paragraph 2(b) applies—

where—

• EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

• N is the number of days of the year in which the relevant fossil fuel plant generated electricity before the relevant fossil fuel plant ceased generation, including the day on which the generation ceased;

(c) if the condition in paragraph (2)(c) applies—

where—

• C_(revised) is the installed generating capacity of the relevant fossil fuel plant comprised of the generating units not covered by an exemption under section 58 of the Act;

• D is the number of days in the year in which the relevant fossil fuel plant generated electricity where an exemption under section 58 of the Act applied;

• EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

• N is the number of days in the year in which the relevant fossil fuel plant operated where an exemption under section 58 of the Act did not apply; and

• R is the statutory rate of emissions, in g/kWh;

(d) if the condition in paragraph (2)(d) applies—

where—

• C_(revised) is the installed generating capacity of the relevant fossil fuel plant after the alteration;

• D is the number of days in the year in which the relevant fossil fuel plant generated electricity after the alteration, including the day on which the fossil fuel plant first generated electricity with the altered installed generating capacity;

• EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

• N is the number of days in the year in which the relevant fossil fuel plant generated electricity before the alteration in the installed generating capacity of that plant; and

• R is the statutory rate of emissions, in g/kWh.

Associated gasification plant

5.  “Associated gasification plant” means any gasification plant where—

(a) that plant—

(i) uses fossil fuel; and

(ii) produces fuel from the fossil fuel; and

(b) the fuel so produced by that plant is used by a relevant fossil fuel plant to generate electricity.

Exemption for complete carbon capture and storage system

6.  The exemption from the emissions limit duty in section 58(1) of the Act applies only to those generating units which use a complete CCS system(3).

EPS annual emissions

7.  Subject to regulation 8, in respect of a relevant fossil fuel plant, the emissions from it that are attributable to the use of fossil fuel in any year (“EPS annual emissions”) are—

(a) the total emissions of carbon dioxide which are the direct result of operations and processes carried out in the generation of electricity during the year by that relevant fossil fuel plant; and

(b) if not already included in the total under paragraph (a), the total emissions of carbon dioxide directly attributable to the production of the fuel produced by any associated gasification plant and used by the fossil fuel plant in the generation of electricity in that year.

EPS annual emissions: reduction for CHPQA

8.  Where a relevant fossil fuel plant is a combined heat and power generating station, EPS annual emissions are—

where—

• E_electricity is the EPS annual emissions calculated in accordance with regulation 7 before the application of this regulation; and

• CHP_QHO is the amount specified as CHP Qualifying Heat Output in a CHPQA certificate applying to the relevant fossil fuel plant for that year (in MWth of thermal output).

(1)

1989 c. 29. Section 36 was amended by the Energy Act 2004, section 93(1) and (3), the Planning Act 2008, section 36 and Schedule 2, paragraphs 31, 32(1), (2) and (3), the Marine and Coastal Access Act 2009, section 12(7)(a) and (8), and S.I. 2006/1054, article 2 and Schedule 1, Part 1, paragraph 1(1) and (2).

(2)

S.I. 1992/231 (N.I. 1).

(3)

“Complete CCS system” has the same meaning as in section 58 of the Act.