The Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007

Maximum sulphur content of heavy fuel oil E+W

4.—(1) No person shall use any heavy fuel oil which has a sulphur content exceeding 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 of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants(1);

(b) in an existing plant which—

(i) until 31^st 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 or 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 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) An authority which grants a permit referred to in paragraph (2) shall carry out appropriate monitoring of emissions of sulphur dioxide to ensure that the limitations on emissions contained in that permit are met.

(4) In this regulation—

“existing plant” and “new plant” have the meaning given in Articles 2(10) and 2(9) respectively of Directive 2001/80/EC; and

“permit” means—

(a)

if the operation of the combustion plant requires an authorisation or permit—

(i)

an authorisation under Part I of the Environmental Protection Act 1990 (pollution control)(2); or

(ii)

a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities)(3);

or

(b)

a sulphur content of liquid fuels permit which—

(i)

was granted for the purposes of the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000(4) and which is still subsisting; or

(ii)

is granted under these Regulations.

(5) Schedule 1 (sulphur content of liquid fuels permits) has effect.

(1)

OJ L 309, 27.11.2001, p.1.

(2)

1990 c.43.

(3)

1999 c.24. Regulations made under that section relevant to this regulation are: S.I. 2000/1973 (as amended by instruments not relevant to this regulation) and S.I. 2001/1091.

(4)

S.I 2000/1460.