SCHEDULE 8Ultra-small emitters
Obtaining ultra-small emitter status for 2026-2030 allocation period
3.
(1)
The operator of an installation who wishes to apply for the installation to be an ultra-small emitter for the scheme years in the 2026-2030 allocation period must submit the following to the regulator—
(a)
details of the installation, including details of any permit in force;
(b)
evidence that the installation meets the relevant condition.
(2)
An application—
(a)
may not be made before 1st April 2024;
(b)
must be made on or before 30th June 2024.
(3)
After receiving an application, the regulator must on or before 30th September 2024—
(a)
make a preliminary assessment of whether or not the installation meets the relevant condition; and
(b)
send the preliminary assessment and the reasons for it to the UK ETS authority.
(4)
The relevant condition is that—
(a)
a regulated activity begins to be carried out at the installation on or before 1st January 2021; and
(b)
the installation's reportable emissions in each of the 2021, 2022 and 2023 scheme years do not exceed the maximum amount.
(5)
After receiving the preliminary assessment—
(a)
the UK ETS authority must make a final assessment of whether or not the installation meets the relevant condition; and
(b)
if the UK ETS authority considers that the installation meets the relevant condition, the UK ETS authority must include the installation in a list (the “ultra-small emitter list for 2026-2030”).
(6)
The UK ETS authority must publish the ultra-small emitter list for 2026-2030 on or before 30th April 2025.
(7)
Evidence of an installation's reportable emissions may not be taken into account for the purposes of assessing whether or not an installation meets the relevant condition unless the evidence is—
(a)
verified F1as satisfactory in accordance with the Verification Regulation 2018; or
(b)
where relevant, in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii) of Schedule 7.
(8)
An application may not be made under this paragraph and paragraph 5 of Schedule 7.