Paragraph 8 Emission limit value exemptions: fuel shortages and interruptionsF1
SEPA may, on application by the authorised person, grant an exemption for a maximum of 6 months from the obligation to comply with the emission limit value for sulphur dioxide set out in Chapters 1 and 2 of Part 3 of this schedule where—
a large combustion plant normally uses low-sulphur fuel, and
the authorised person is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.
SEPA may, on application by the authorised person, grant an exemption for a maximum of 10 days, unless there is an overriding need to maintain energy supplies, from the obligation to comply with emission limit values set out in Chapters 1 and 2 of Part 3 of this schedule where—
a large combustion plant normally uses only gaseous fuel,
the authorised person has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas, and
for this reason, would need to be equipped with a waste gas purification facility.
An application for an exemption—
under sub-paragraph (1), must be made to SEPA in writing,
under sub-paragraph (2)—
must be made immediately and in advance of the need to use other fuels,
may be made in writing, or by other means,
will be treated as an accelerated application for a variation under regulation 63 of these Regulations,
will be determined by SEPA within the period as considered appropriate by SEPA in the circumstances.
SEPA must notify the authorised person in writing of an exemption granted under sub-paragraph (3) where practicable to do so.
SEPA must immediately inform the Scottish Ministers of any exemption granted under sub-paragraph (1) or (2).
Annotations
Textual amendments
- F1
Sch. 21 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 12 (with sch. 23)