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Regulation 4 Modification of emissions limit

Original text. Later amendments are not shown.

(1)

Paragraph (3) applies to a relevant fossil fuel plant in respect of any year in which the plant meets any of the conditions in paragraph (2).

(2)

The conditions referred to in paragraph (1) are that during the year in question—

(a)

the relevant fossil fuel plant is used for the first time for the generation of electricity;

(b)

the relevant fossil fuel plant permanently ceases to be used for the generation of electricity;

(c)

the emissions limit duty does not apply in relation to a generating unit in the relevant fossil fuel plant by virtue of section 58 of the Act; or

(d)

the installed generating capacity of the generating station is altered.

(3)

Where this paragraph applies, the emissions limit of the relevant fossil fuel plant for the purposes of section 57 of the Act and regulations 9 and 11 is EL(revised) tonnes of carbon dioxide, calculated in accordance with paragraph (4).

(4)

In paragraph (3), EL(revised) means—

(a)

if the condition in paragraph (2)(a) applies—

EL÷365×N

where—

  • EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3); and

  • N is the number of days of the year in which the relevant fossil fuel plant generated electricity after the relevant fossil fuel plant commences generation, including the day on which the generation commenced;

(b)

if the condition in paragraph 2(b) applies—

EL÷365×N

where—

  • EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

  • N is the number of days of the year in which the relevant fossil fuel plant generated electricity before the relevant fossil fuel plant ceased generation, including the day on which the generation ceased;

(c)

if the condition in paragraph (2)(c) applies—

( EL÷365× N ) +( C(revised)×R×7.446÷365× D )

where—

  • C(revised) is the installed generating capacity of the relevant fossil fuel plant comprised of the generating units not covered by an exemption under section 58 of the Act;

  • D is the number of days in the year in which the relevant fossil fuel plant generated electricity where an exemption under section 58 of the Act applied;

  • EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

  • N is the number of days in the year in which the relevant fossil fuel plant operated where an exemption under section 58 of the Act did not apply; and

  • R is the statutory rate of emissions, in g/kWh;

(d)

if the condition in paragraph (2)(d) applies—

( EL÷365× N ) +( C(revised)×R×7.446÷365× D )

where—

  • C(revised) is the installed generating capacity of the relevant fossil fuel plant after the alteration;

  • D is the number of days in the year in which the relevant fossil fuel plant generated electricity after the alteration, including the day on which the fossil fuel plant first generated electricity with the altered installed generating capacity;

  • EL is to be calculated in accordance with section 57(1) of the Act as it applies without the modifications required to be made by paragraph (3);

  • N is the number of days in the year in which the relevant fossil fuel plant generated electricity before the alteration in the installed generating capacity of that plant; and

  • R is the statutory rate of emissions, in g/kWh.