Consultation on modernising environmental permitting for industry

Medium combustion plant (MCP) and specified generators must meet emission limits set out in Schedule 25 of the EPRs for emissions to air but are not required to apply BAT or integrated pollution control.  

There are also other inconsistencies and inflexibilities which mean that regulation of MCP has become outdated and lags behind the development of new technologies, fuels and standards. For example: 

• there are different requirements for combustion plant above 20MWth under Part B regulation 

• there are inconsistencies in the requirements for generators under Schedule 25B and MCP under Schedule 25A in relation to ensuring compliance with air quality standards 

• there is also no equivalent of IED Article 14(6) for MCP and generators which means that the EPRs do not allow regulators to set emission limits for new fuels (such as hydrogen or biofuels), and in September 2024, as a short-term stopgap, Defra issued a ministerial direction to require the EA to set and apply emission limit values for new fuels used in stand-alone medium combustion plant 

For MCP and specified generators the main benefit of this proposal would be in giving EA the flexibility to set suitable standards for all MCP to provide appropriate environmental protection based on a plant’s level of risk to the environment. For example, setting emissions standards for new and emerging fuels, and requiring the inclusion of an air quality impact assessment where compliance with local air quality standards might require stricter emission limits to be put in place, in consultation with the operator. 

This approach would simplify the regulatory arrangements for combustion plant and enable permitting of MCP to be flexible and responsive to environmental and health risks on the principle of proportionate, risk-based regulation.