5.—(1) If the condition in paragraph (2) is satisfied in relation to a relevant fossil fuel plant, the operator of the plant must submit a notification (“an EPS annual emissions notification”) to the NRBW in accordance with paragraphs (4) and (5).
(2) The condition referred to in paragraph (1) is that the total of—
(a)the total emissions of carbon dioxide for the relevant fossil fuel plant reported in a verified Greenhouse Gas Emissions Report; and
(b)if applicable and where not otherwise included in the total under sub-paragraph (a), the total emissions of carbon dioxide directly attributable to the production of fuel produced from fossil fuel in any associated gasification plant used by the relevant fossil fuel plant for the same period as the report,
is greater than the emissions limit for that plant for the year covered by the report.
(3) For the purposes of paragraph (2)—
(a)only emissions of carbon dioxide which relate to generating units reported in a verified Greenhouse Gas Emissions Report are to be included; and
(b)“emissions limit” (“terfyn allyriadau”) means the emissions limit for the relevant fossil fuel plant calculated in accordance with section 57(1) of the Act and as modified, if applicable, by regulation 4 of the Emissions Performance Standard Regulations 2015.
(4) An EPS annual emissions notification must—
(a)state the EPS annual emissions for the relevant fossil fuel plant for the same period as the verified Greenhouse Gas Emissions Report referred to in paragraph (2), and for this purpose, the EPS annual emissions are to be calculated or measured in accordance with the methodology of the Monitoring and Reporting Regulation;
(b)identify source streams for each generating unit at the relevant fossil fuel plant to which the emissions limit duty applies;
(c)be submitted to the NRBW within 10 days of the submission of the verified Greenhouse Gas Emissions Report referred to in paragraph (2); and
(d)be submitted in such form and manner as the NRBW may reasonably require.