Large Combustion Plants (England and Wales) Regulations 2002
| Year | 2002 |
2002 No. 2688
ENVIRONMENTAL PROTECTION, ENGLAND AND WALES
The Large Combustion Plants (England and Wales) Regulations 2002
Made 28th October 2002
Laid before Parliament 1st November 2002
Coming into force 27th November 2002
The Secretary of State, in exercise of the powers conferred upon her by section 2 of the Pollution Prevention and Control Act 19991, having in accordance with section 2(4) of that Act consulted the Environment Agency, such bodies or persons appearing to her to be representative of the interests of local government, industry, agriculture and small businesses respectively as she considers appropriate, and such other bodies and persons as she considers appropriate, hereby makes the following Regulations—
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Large Combustion Plants (England and Wales) Regulations 2002 and shall come into force on 27th November 2002.
(2) These Regulations extend to England and Wales only.
Interpretation
2. In these Regulations—
“the 1990 Act” means the Environmental Protection Act 19902;
“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 20003;
“authorisation” means an authorisation granted under section 6 of the 1990 Act;
“combustion plant” means a combustion plant as defined in Article 2(7) of the Directive and to which the Directive applies4;
“the Directive” means Council Directive 2001/80/ECon the limitation of emissions of certain pollutants into the air from large combustion plants5;
“new plant” has the meaning given in Article 2(9) of the Directive; and
“permit” means a permit granted under regulation 10 of the 2000 Regulations.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
3. After regulation 2(2) of the 2000 Regulations there is inserted a new paragraph (2A) as follows—
“2A For the purposes of these Regulations where—
(a) an installation includes a combustion plant as defined in Article 2(7) of Council Directive 2001/80/ECon the limitation of emissions of certain pollutants into the air from large combustion plants and to which that Directive applies; and
(b) the rated thermal input of the combustion plant is extended by 50 megawatts or more,
the extension shall be treated as a substantial change in operation”.
Authorisation to operate new plants
4. Where a new plant is subject on 27th November 2002 to a permit but the plant is not put into operation before 28th November 2003, the permit shall cease to authorise the operation of that plant until such time as it is varied by the Environment Agency pursuant to regulation 17 of the 2000 Regulations so as to give effect in relation to the plant to the requirements of the Directive.
Deemed conditions in authorisations and permits
5.—(1) Where on 27th November 2002—
(a)
(a) a new plant is subject to an authorisation or a permit; and
(b)
(b) the plant benefits from the derogation in Article 5(1) of Council Directive 88/609/EECon the limitation of emissions of certain pollutants into the air from large combustion plants6by virtue of operating between 2000 and 2200 hours a year,
any...
To continue reading
Request your trial