The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018

New regulations 9A and 9B (conditions in permits)

15.  After regulation 9, insert—

“Conditions in permits: medium combustion plant

9A.— (1) Where a permit relates to a medium combustion plant, the Secretary of State must set conditions in a permit to secure the matters in paragraph (2).

(2) The matters referred to in paragraph (1) are that—

(a) the operator carries out monitoring of emissions in accordance with, as a minimum, Part 1 of Annex 3;

(b) the operator monitors emissions while firing a fuel or fuel mix that is likely to result in the highest level of emissions and during a period representing normal operating conditions;

(c) the emissions do not exceed the emission limit values set out in Annex 2;

(d) the operator keeps a record of and processes all monitoring results in such a way as to enable the verification of compliance with the emission limit values in accordance with Part 2 of Annex 3;

(e) for medium combustion plant using secondary abatement equipment in order to meet the emission limit values for the medium combustion plant, the operator keeps a record of, or information proving, the effective continuous operation of that equipment;

(f) the operator keeps a copy of the permit and, if relevant, any varied permit and related information;

(g) the operator keeps the following for a period of at least six years from the date the result, information or record was created—

(i) the monitoring results and information referred to in sub-paragraphs (d) and (e);

(ii) where applicable, a record of operating hours as referred to in regulations 11C and 11D;

(iii) a record of the type and quantities of fuels used in the plant and of any malfunctions or breakdown of secondary abatement equipment; and

(iv) a record of the events of non-compliance with the emission limit values and the measures taken to address that non-compliance;

(h) there are suitable reporting requirements, which include the provision of the results of emission monitoring and such other data which enables the Secretary of State to verify compliance with the permit;

(i) the operator, without undue delay, makes available the data and information described in sub-paragraphs (f) and (g) to the Secretary of State upon request;

(j) the operator keeps the periods of start-up and shut-down of the medium combustion plant as short as possible;

(k) in respect of any breach of the conditions in a permit, the operator as soon as possible informs the Secretary of State and takes the necessary measures to restore compliance; and

(l) where any breach of the conditions in a permit causes a significant degradation of local air quality, the operator suspends operation of the medium combustion plant until compliance is restored.

Conditions in permits: large and medium combustion plant

9B.   The Secretary of State—

(a) must include conditions in a permit which enable the Secretary of State to assess compliance with any relevant emission limit values; and

(b) may include such other conditions in a permit as the Secretary of State thinks fit.”.