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The Environmental Permitting (England and Wales) Regulations 2016聽

聽The Environmental Protection (England) (Medium Combustion Plant) (New Fuel) Direction 2024聽

The Secretary of State, in exercise of the powers conferred by regulation 62(1) and (2) of the Environmental Permitting (England and Wales) Regulations 2016 gives the following Direction 鈥撀犅�

1. Citation, commencement and application聽

(1) This Direction may be cited as the Environmental Protection (England) (Medium Combustion Plant) (New Fuel) Direction 2024.聽

(2) This Direction shall come into force on 27 September 2024, and shall remain in force until withdrawn.聽

(3) This Direction applies to England only.聽

2. 滨苍迟别谤辫谤别迟补迟颈辞苍听

In this Direction 鈥撀犅�

鈥渢he 2016 Regulations鈥� means the Environmental Permitting (England and Wales) Regulations 2016^{[footnote 1]};听

鈥渢he Agency鈥� means the Environment Agency as in regulation 2 of the 2016 Regulations;听

鈥渃ombustion plant鈥� has the meaning given in regulation 2 of the 2016 Regulations;听

鈥淓LV鈥� means the permissible quantity of a substance contained in the waste gases from a combustion plant which may be discharged into the air during a given period;听聽

鈥淢CP鈥� means a medium combustion plant as defined in paragraph 2(1) of Schedule 25A to the 2016 Regulations;

鈥淢CPD鈥� means the Medium Combustion Plant Directive (Directive 2015/2193/EU);听

鈥渘ew fuel鈥� means a fuel, other than gas oil, natural gas and biomass (as those terms are defined in article 3 of the MCPD) and where gas oil is in a liquid state, natural gas is in a gaseous state and biomass is in a solid state.

3. Medium Combustion Plant operating on new fuels聽

(1) In carrying out its functions (including pursuant to paragraphs 4(1)(d) and (e), 4(3) and 6 of Schedule 25A to the 2016 Regulations) it is directed that the Agency may set ELVs for a new fuel used in an MCP and may also update those ELVs.聽

(2) When setting or updating an ELV in paragraph (1) the Agency shall follow an evidence-based approach that:聽

(i) considers the characteristics of the MCP;

(ii) provides either a higher level of protection for the environment or at least the same general level of protection for the environment that would otherwise have been afforded by applying emission limits set in accordance with the provisions of Part 2 of Schedule 25A to the 2016 Regulations; and

(iii) takes account of the views of the operator of the MCP and any other party the Agency considers should be consulted.聽

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs.

Name: Jonathan Robinson
Position: Deputy Head, Air Quality and Industrial Emissions
Date: 26 September 2024
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