Paragraph 11 Temporary derogationsF1

(1)

This sub-paragraph applies in relation to a medium combustion plant which normally uses low sulphur fuel, where the operator is unable to comply with the relevant emission limit values for sulphur dioxide in paragraph 6, because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

(2)

Where sub-paragraph (1) applies, the enforcing authority may grant a derogation from the obligation to comply with those emission limit values for such period, up to a maximum of six months, if the operator satisfies the enforcing authority that it is justified under the circumstances.

(3)

This sub-paragraph applies in relation to a medium combustion plant using only gaseous fuel where—

(a)

the plant has to resort exceptionally to the use of other fuels because of an interruption in the supply of gas; and

(b)

as a result of using those other fuels, the plant would need to be equipped with secondary abatement equipment in order to comply with the relevant emission limit values for sulphur dioxide, nitrogen oxides and dust in paragraph 6.

(4)

Where sub-paragraph (3) applies, the enforcing authority may grant a derogation from the obligation to comply with the relevant emission limit values in paragraph 6—

(a)

for a maximum of 10 days; or

(b)

for such longer period, if the operator satisfies the enforcing authority it is justified under the circumstances.

(5)

(a)

Where a district council is the enforcing authority and it grants a derogation under sub-paragraphs (2) or (4) it must inform the Department immediatelyF2... .

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Sch. 9A inserted (20.3.2018) by The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/33), regs. 1, 6
F2: Words in Sch. 9A para. 11(5)(a) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Sch. 9A para. 11(5)(b) omitted (31.12.2020) by virtue of The Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/289), reg. 1, Sch. 2 para. 2(7)(b); 2020 c. 1, Sch. 5 para. 1(1)