Guidance

Specified generator and medium combustion plant new bespoke permits: RPS 243

Updated 25 June 2021

This guidance was withdrawn on 3 August 2022

This regulatory position statement is no longer required. The Environment Agency has determined all the applications it applied to.

Applies to England

There are delays to our permitting service. Due to the impacts of coronavirus (COVID-19), our ability to determine permit applications was reduced. We also received a high number of applications and are continuing to do so. Therefore we have introduced this regulatory position statement (RPS) for medium combustion plant (MCP) and specified generator (SG) bespoke permit applications.

If you comply with the conditions in this RPS you can operate a SG or MCP without a permit whilst we determine your application.

If you have applied for a new permit for a section 5.1 Part (B)(a)(v) medium combustion plant for the combustion of waste wood biomass in a small waste incinerator plant see RPS 244.

This RPS does not apply to applications for an authorisation to operate a Part A or Part B installation.

You must tell the Environment Agency before you use this RPS. Contact MCPDHelp@environment-agency.gov.uk and quote RPS 243 and your permit application number.

Conditions you must comply with

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

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

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

You must also:

• carry out appropriate monitoring to demonstrate you meet the emission limit value (ELV) for oxides of nitrogen (NOx) applicable to your plant, as set out in Schedule 25A or B of the Environmental Permitting (England and Wales) Regulations 2016, (the Regulations)
• install and operate any secondary abatement needed to meet the ELV, or any stricter air quality standards required by the Regulations, or to comply with the Conservation of Habitats and Species Regulations 2017
• manage and operate the activities following a written management system that identifies and minimises pollution risks, as far as is reasonably practicable, including risks from operations, maintenance, accidents, incidents, non-conformances and those received through complaints
• keep records to show you are complying with the conditions of this RPS whilst you are operating under it

You must comply with these relevant operating techniques:

• you must operate each MCP and SG following the manufacturer’s instructions and you must keep records that demonstrate this
• keep periods of start-up and shut-down of each MCP and SG as short as possible
• there must be no persistent emission of ‘dark smoke’ as defined in section 3(1) of the Clean Air Act 1993.
• the stack must be vertical and unimpeded by cowls or caps
• keep a record of the type and quantity of fuel used and the total annual hours of operation for each MCP and or SG (or both)

Monitoring for new MCP

For new MCP you must carry out the first monitoring measurements within 4 months of the date you first operate the combustion plant.

Monitoring must be MCERTS accredited.

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.

Additional conditions for limited operating hours MCP

A limited operating hours MCP is an excluded generator. You must only operate a limited operating hours MCP:

• to maintain power supply to a site during an on-site emergency and it must not participate in any balancing services
• for testing and for a duration of no more than 50 hours a year

You must not operate a limited operating hours MCP for more than 500 hours in a 12 month period (as a rolling average) and over a 3 year period.

Additional conditions for SG

You:

• may need secondary abatement to comply with the NOx ELV – if you do, you must meet this within 10 minutes of the generator starting to operate, or within 20 minutes if the generator was a Tranche A and is now a Tranche B generator
• should not operate any site with a total aggregated capacity of more than 20 MWth for any longer than 1500 hours in a year

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 bespoke 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

A 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 the Environment Agency

You must tell the Environment Agency before you use this RPS. Contact MCPDHelp@environment-agency.gov.uk and quote RPS 243 and your permit application number.