The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014
| Year | 2014 |
2014No. 258
ENVIRONMENTAL PROTECTION
The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014
25thSeptember2014
29thSeptember2014
13thNovember2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1) and all other powers enabling them to do so.
Citation, commencement and extent
1. (1) The Regulations may be cited as the Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 and come into force on 13th November 2014.
(2) These Regulations extend to Scotland only.
Interpretation
2. (1) In these Regulations-
"the 2007 Regulations" means the Sulphur Content of Liquid Fuels (Scotland) Regulations 2007( 2);
"combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat generated;
"Directive 2001/80/EC" means Directive 2001/80/ECof the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants( 3);
"Directive 2010/75/EU" means Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(Recast)( 4);
"existing plant" has the meaning given in Article 2(10) of Directive 2001/80/EC;
"gas oil" means any petroleum-derived liquid fuel, other than marine fuels, diesel fuels (as defined in Article 2(2) of Council Directive 98/70/ECof the European Parliament and of the Council relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC)( 5) and fuels used by non-road mobile machinery and agriculture tractors-
(a) which falls within CN codes 2710 19 25, 2710 19 29, 2710 19 47, 2710 19 48, 2710 20 17 or 2710 20 19; or(b) where less than 65 per cent by volume (including losses) distils at 250°C and at least 85 per cent by volume (including losses) distils at 350°C by the ASTM D86 method;"heavy fuel oil" means any petroleum-derived liquid fuel, other than marine fuel and gas oil, which-
(a) falls within CN code 2710 19 51 to 2710 19 68, 2710 20 31, 2710 20 35 or 2710 20 39;(b) by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 per cent by volume (including losses) distils at 250°C by the ASTM D86 method; or(c) where the distillation cannot be determined by the ASTM D86 method, is as categorised as heavy fuel oil;"marine fuel" means any petroleum-derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217( 6);
"new plant" has the meaning given in Article 2(9) of Directive 2001/80/EC;
"SEPA" means the Scottish Environment Protection Agency"; and
"sulphur content of liquid fuels permit" means a permit granted in accordance with the Schedule to these Regulations or treated as so granted under regulation 8(3).
(2) In paragraph (1)-
(a) "ASTM D86 method" means that method as set out in the American Society for Testing and Materials 1976 edition of standard definitions and specifications for petroleum and lubricating products( 7); and(b) the reference to a numbered CN code is a reference to the code set out in Annex I to Council Regulation 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff( 8).(3) Other expressions used in these Regulations and in Council Directive 1999/32/ECrelating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC( 9) have the same meaning as they do in that Directive.
Scope
3. These Regulations do not apply to heavy fuel oil or gas oil intended for-
(a) the purposes of research and testing;(b) processing prior to final combustion; or(c) processing in the refining industry.Maximum sulphur content of heavy fuel oil
4. (1) Subject to paragraph (2), no person shall use any heavy fuel oil with a sulphur content exceeding 1 per cent by mass.
(2) Until 1st January 2016 paragraph (1) does not apply to the use of heavy fuel oil-
(a) in a new plant which is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Annex IV to Directive 2001/80/EC;(b) in an existing plant that is-(i) operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Part A of Annex IV to Directive 2001/80/EC; or(ii) a participating plant operated in accordance with a permit containing a condition prohibiting the monthly average emissions of sulphur dioxide from the plant from exceeding 1,700 mg/Nm3at an oxygen content in the flue gas of 3 per cent by volume on a dry basis (c) in a combustion plant (other than a plant to which sub-paragraph (a) or (b) applies), which is operated in accordance with a permit which contains a condition which prohibits the monthly average of emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or(d) in a combustion plant forming part of a refinery (other than a gas engine, a gas turbine or a plant to which sub-paragraph (a) or (b) applies), which is operated in accordance with a permit which contains a condition that the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the fuel type or fuel combination used, does not exceed 1,700mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis.(3) As from 1st January 2016, paragraph (1) does not apply to the use of heavy fuel oil-
(a) in a combustion plant that-(i) falls within the scope of Chapter III of Directive...To continue reading
Request your trial