The Large Combustion Plants (Transitional National Plan) Regulations 2015

Regulations 3 and 4

SCHEDULE 1 The Register

1.  Every participating plant.

2.  In respect of each participating plant—

(a) the name;

(b) the national grid reference; and

(c) the postal address,

of the plant.

3.  In respect of each operator of a participating plant—

(a) the name;

(b) the postal address;

(c) the email address; and

(d) the telephone number,

of the operator, and, where the operator is a company, its registered address.

4.  In respect of each participating plant, the emission allowance in respect of such LCP pollutants as that plant has been allocated by the Secretary of State for the year commencing on 1st January in each of the calendar years from 2016 to 2020.

5.  In respect of each participating plant, any notification received by the Agency of—

(a) a transfer of an emission allowance in accordance with regulation 7;

(b) a closure in accordance with regulation 8(1)(a);

(c) a variation in accordance with regulation 8(1)(b);

(d) the amount of emission allowance which the operator of the participating plant wishes to advertise a willingness to transfer;

(e) the amount of emission allowance which the operator of the participating plant wishes to advertise a willingness to acquire.

6.  In respect of each participating plant—

(a) the annual mass emissions for each LCP pollutant in respect of which that plant has been allocated an emission allowance as reported by the operator;

(b) the cumulative in-year mass emissions for each such pollutant as reported by the operator;

(c) any adjustments to the figures in sub-paragraphs (a) and (b) the regulator considers appropriate.

7.—(1) Subject to paragraph (2), the maximum total annual emissions for all of the participating plants in respect of each LCP pollutant for each calendar year, calculated as follows—

(a) for the calendar year 2016, calculated on the basis of the relevant emission limit values set out in Annexes III to VII to Directive 2001/80/EC or, where applicable, on the basis of the rates of desulphurisation set out in Annex III to Directive 2001/80/EC (or, in the case of gas turbines, based on the emission limit values for nitrogen oxides set out for such plants in Part B of Annex VI to Directive 2001/80/EC);

(b) for the calendar years 2019 and 2020, calculated on the basis of the relevant emission limit values set out in Part 1 of Annex V to Directive 2010/75/EU or, where applicable, the relevant rates of desulphurisation set out in Part 5 of Annex V to that Directive;

(c) for the calendar years 2017 and 2018, calculated on the basis of a linear decrease between the maximum total annual emissions for the calendar years 2016 and 2019 determined in accordance with sub-paragraphs (a) and (b) above.

(2) The figures in paragraph (1) must be amended to reflect any adjustments determined to be appropriate by the regulator in respect of a participating plant to which regulation 7(2) applies or has applied.

Regulation 10

SCHEDULE 2 Consequential Amendments

The Environmental Permitting (England and Wales) Regulations 2010

1.—(1) Regulation 66 (plans relating to emissions) of the Environmental Permitting (England and Wales) Regulations 2010 is amended as follows.

(2) In paragraph (3), insert at the end “or to the Transitional National Plan”.

(3) In paragraph (4)—

(a) at the end of the definition of “emission”, omit “and”;

(b) at the end of the definition of “emission plan”, insert “and”; and

(c) at the end, insert—

““Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015”.

The Pollution Prevention and Control (Scotland) Regulations 2012

2.—(1) The Pollution Prevention and Control (Scotland) Regulations 2012 are amended as follows.

(2) In regulation 62 (Scottish Ministers: emission plans)—

(a) in paragraph (3), insert at the end “or to the Transitional National Plan”;

(b) in paragraph (4)—

(i) at the end of sub-paragraph (a), omit “and”;

(ii) at the end of sub-paragraph (b), insert “and”; and

(iii) at the end, insert—

“(c) “Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015.”.

(3) In Schedule 11, omit paragraph 15.

The Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013

3.—(1) Regulation 42 (plans relating to emissions) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 is amended as follows.

(2) In paragraph (3), insert at the end “or to the Transitional National Plan”.

(3) In paragraph (4)—

(a) at the end of the definition of “emission”, omit “and”;

(b) at the end of the definition of “emission plan”, insert “and”; and

(c) at the end, insert—

““Transitional National Plan” has the meaning given in regulation 2 of the Large Combustion Plants (Transitional National Plan) Regulations 2015.”.