# The Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2024, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Environmental Permitting (England and Wales) Regulations 2016 (“the Permitting Regulations”). These amendments apply only in relation to certain generators in England.
Regulations 4 and 5 introduce a new Schedule 25C into the Permitting Regulations.
The Permitting Regulations are amended so as to introduce additional requirements in relation to certain regulated facilities which generate electricity (“in-scope generators”). “Regulated facility” is defined in regulation 8 of the Permitting Regulations.
Paragraphs 8 and 9 of the new Schedule 25C provide that where an application for an environmental permit is made on or after the day on which these Regulations come into force in respect of an in-scope generator, or for the variation of an environmental permit already granted in respect of an in-scope generator because it is to be substantially refurbished or another combustion plant is to be added to it, the operator must demonstrate that it satisfies certain technical conditions in relation to the feasibility of using carbon capture and storage or conversion to hydrogen firing electricity generation (“the baseline requirements”) and confirm that it is satisfied that other requirements relating to the feasibility of conversion to and operation of those technologies are met. The operator must provide a report as part of its application which includes the necessary information (a “decarbonisation readiness report”).
The Environment Agency will be able to grant the relevant environmental permit, or variation of the relevant environmental permit, only if the operator has submitted a decarbonisation readiness report and the Agency determines that the baseline requirements are met. Regulation 9(2) provides that the regulator may in the case of an application in respect of a standard generator rely on a statement that the CCR or HCR conditions are met without being obliged to make further enquiry.
These new provisions replace, in England, the requirements currently imposed by the Carbon Capture Readiness (Electricity Generating Stations) Regulations (S.I. 2013/2696) (“the 2013 Regulations”). Regulations 7 to 9 therefore make consequential amendments to the 2013 Regulations together with related transitional provisions and savings.
A full impact assessment has not been produced for this instrument because no, or no significant, impact is foreseen on the private, voluntary or public sector.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348264968/note (the official version)
Page: https://openlegislation.uk/draft-environmental-permitting-electricity-generating-stations-amendment-regulations-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.