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The Large Combustion Plant Directive 2001/80/EC

The Large Combustion Plant Directive (the Directive) was introduced by the European Parliament and Council on the 23 October 2001. The Directive introduced measures to control the emissions to air of oxides of nitrogen (NOx), sulphur dioxide (SOx) and particulates from large combustion plants (i.e. plant with a rated thermal input of equal to or greater than 50 megawatt thermal).

The aim of the Directive is to take steps to reduce the emissions to air of these pollutants as they are known to damage human health and contribute to acid rain.

Existing operators (i.e. those installations licensed before 1 July 1987) where given the option to meet the requirements of the Directive by accepting concentration based Emissions Limit Values (ELVs) for the 3 pollutants; as stated within the Directive; by taking part in the UK National Emissions Reduction Plan (NERP), a trading scheme based on the trading or transferal of mass emission based allowances; or by accepting the limited hours derogation where and installation is permitted to opt-out of the requirements of the NERP or ELVs providing they do not operate for more than 20,000 operating hours between 1 January 2008 and 31 December 2015, at which point or sooner they will cease to operate.

The NERP was introduced in the UK through the Large Combustion (National Emission Reduction Plan) Regulations 2007 (SI2007 No.2325) and began on the 1 January 2008. The NERP permits participating installations to trade or transfer allowances which are allocated to them by Defra to cover their annual emissions of NOx, SOx and particulate, with other NERP participants.

New operators; plants first permitted between 1 July 1987 and 27 November 2002 and new-new plants; first permitted after 27 November 2002 are required to meet the ELV values as laid out in the Directive or in accordance with BAT.

In Scotland and Northern Ireland the Directive requirements are implemented through the Pollution Prevention and Control regime. In England and Wales the Directive requirements are implemented through the Environmental Permitting regime.

On 21 December 2007 the EC adopted a Proposal for a Directive on Industrial Emissions. The Proposal recasts seven existing Directives related to industrial emissions into a single clear and coherent legislative instrument. The recast includes in particular the Large Combustion Plant Directive.