delete Medium Combustion Plants: Medium Combustion Plant Directive
These Regulations amend the Environmental Permitting (England and Wales) Regulations 2016 to implement the Medium Combustion Plant Directive (2015/2193/EU). They introduce definitions for 'medium combustion plant' (combustion plants 1-50 MW thermal input) and 'specified generators', require environmental permits for such plants, establish emission limit values for sulphur dioxide, nitrogen oxides and dust, create permitting exemptions for plants operating limited hours or in small isolated systems, and transfer regulatory functions from local authorities to the Environment Agency for certain medium combustion plants.
This regulation imposes significant permitting and compliance burdens on medium combustion plants (1-50 MW), adding administrative costs and regulatory friction for thousands of businesses across England and Wales. The EU-derived permitting regime creates barriers to entry, increases operating costs through emission monitoring requirements, and treats combustion plants as inherently dangerous without sufficient evidence that the permitting threshold (1 MW) is justified. The phased compliance deadlines (2018-2030) acknowledge industry adaptation difficulties but do not address the fundamental flaw: mandatory permitting for plants based solely on capacity rather than actual emissions or location-specific risk. Post-Brexit regulatory independence should include removing this inherited EU bureaucratic layer that was never subject to proper parliamentary scrutiny.