Guidance

Operating an existing medium combustion plant greater than 5MWth: RPS 290

Published 9 October 2023

Applies to England

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/operating-an-existing-medium-combustion-plant-greater-than-5mwth-rps-290/operating-an-existing-medium-combustion-plant-greater-than-5mwth-rps-290

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit to operate an existing medium combustion plant greater than 5 megawatt thermal (MWth) after 1 January 2024. 

However, the Environment Agency will not normally take enforcement action against you if do not comply with this legal requirement provided that: 

  • your activity and the circumstances meet the description set out in this RPS 

  • you comply with the conditions set out in this RPS 

  • your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health 

1. Activity this RPS applies to 

This RPS applies to the operation of a stand-alone medium combustion plant greater than 5MWth after 1 January 2024 while we determine your complex bespoke permit application.  

2. Circumstances in which this RPS applies 

This RPS relates only to complex bespoke environmental permit applications that need to be supported by detailed air quality modelling, but you have been unable to secure this in time to obtain a permit from the Environment Agency before 1 January 2024 deadline. 

3. Conditions you must comply with 

You must: 

  • have made an application for a complex bespoke environmental permit for an existing medium combustion plant by 1 November 2023 

  • provide detailed air quality modelling to support your application by 31 July 2024 

With your application you must have submitted: 

  • the output from the Simple Calculation of Atmospheric Impact Limits (SCAIL) combustion screening tool or other evidence showing that your combustion plant does not screen out as low risk 

  • evidence of delays to securing detailed air dispersion modelling 

  • a cover email notifying the Environment Agency that you are using RPS 290

4. When you must check back 

The Environment Agency will review this RPS by 30 September 2024.  

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary or it is no longer required. This includes where the activity and circumstances that this RPS relates to have not changed. 

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies. 

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn. 

5. If you cannot comply with this RPS 

If you operate under this RPS but can no longer comply with it, you must tell the Environment Agency immediately and we may require you to stop the activity. Email enquiries@environment-agency.gov.uk and put ‘Operating an existing medium combustion plant greater than 5MWth: RPS 290’ in the subject.

6. Contact the Environment Agency 

If you have any questions about this RPS email enquiries@environment-agency.gov.uk.

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