Guidance

Medium combustion plant (MCP) section 5.1 Part B new permits: RPS 244

Updated 25 June 2021

This guidance was withdrawn on

This regulatory position statement has expired. It is no longer needed.

Applies to England

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This publication is available at https://www.gov.uk/government/publications/medium-combustion-plant-mcp-section-51-part-b-new-permits-rps-244/medium-combustion-plant-mcp-section-51-part-b-new-permits-rps-244

Section 5.1(B)(a)(v) activities allow combustion of clean waste wood biomass between 50 kg/hr and 3 t/hr in a small waste incineration plant (SWIP).

If the thermal input of the SWIP is greater than 1MWth (approximately at fuel feed rates greater than 225kg/hr) the Medium Combustion Plant Directive applies.

This means the Environment Agency will regulate the SWIP under Schedule 25A environmental permitting regulations (EPR) 2016 and the operator will need an environmental permit.

If the SWIP generates electricity, Schedule 25B will also apply.

If you comply with the conditions in this regulatory position statement (RPS) you can operate the following without a permit whilst we determine your application:

  • a section 5.1 Part (B)(a)(v) medium combustion plant (MCP) for combustion of waste wood biomass in a small waste incinerator
  • a specified generator (SG)

You must tell the Environment Agency before you use this RPS. Contact MCPDHelp@environment-agency.gov.uk and quote RPS 244 and your permit application number.

This RPS does not apply to:

  • a section 5.1 Part B activity that does not meet the definitions of a MCP or SG – that is, activities regulated by local authorities
  • combustion of waste classified as hazardous waste or waste wood from construction and demolition

If you have applied for a new permit for other types of MCP or SGs see RPS 243.

Conditions you must comply with

This RPS only applies if you have submitted your new permit application to the Environment Agency and you have received an acknowledgement of your application.

You must also:

  • only combust waste wood that is listed in table 4.1 of Environmental Permitting Technical Note 5/1(18), final draft, dated 15 August 2018
  • comply with the emission limit values (ELVs) specified in tables 5.4 and 5.5 of Environmental Permitting Technical Note 5/1(18), final draft, dated 15 August 2018
  • carry out appropriate monitoring to MCERTS standards to demonstrate you meet these ELVs within 4 months of the date you first started operating the SWIP

It will be your responsibility to contact your Area Regulatory Officer to report the monitoring results. If we grant your permit, you will still need to submit the monitoring results required by the permit.

You must manage and operate the SWIP following:

  • a written management system that identifies and minimises pollution risks, so far as is reasonably practicable, including risks from operations, maintenance, accidents, incidents, non-conformances and those identified by complaints
  • the manufacturer’s instructions
  • the requirements of Environmental Permitting Technical Note 5/1(18), final draft, dated 15 August 2018

You must install and operate any abatement needed to:

  • meet ELVs or any stricter air quality standards required under the regulations
  • meet the Conservation of Habitats and Species Regulations 2017
  • protect air quality

You must:

  • keep periods of start-up and shut-down of each SWIP as short as possible
  • keep records to demonstrate compliance with the conditions of this RPS for as long as you operate under it

You must not have any:

  • persistent emission of ‘dark smoke’ as defined in section 3(1) of the Clean Air Act 1993
  • direct emission of ash quench water to the environment

The permit applicant must carry out and control the activities under this RPS.

This RPS does not affect any other legislative requirements that may apply to you and you must continue to comply with these.

Permit determination process

This RPS is independent of the permit determination process and using it does not mean your application will be successful.

If you choose to use this RPS before we approve your permit application, you may later need to change how you operate. Any construction or other expenditure you incur under this RPS is at your own risk.

This RPS will no longer apply if we:

  • return your application to you as ‘not duly made’
  • grant you a permit at the end of our determination
  • refuse your application

Enforcement

An RPS means that the Environment Agency will not normally take enforcement action against you, provided:

  • you operate the plant in line with the permit you are applying for
  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

When this RPS will be withdrawn

This RPS is no longer available for new applications. However, you can continue to operate to the conditions of this RPS until the Environment Agency has determined your permit application. You must have:

  • received an acknowledgment of your application by 30 June 2021
  • notified us that you are using this RPS

Contact

You must tell the Environment Agency before you use this RPS. Contact MCPDHelp@environment-agency.gov.uk and quote RPS 244 and your permit application number.

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