Briefing Note: Medium Combustion Plant(MCP) and Specified Generators (SG)update – England only.

May 24, 2023 | Blog

SCAIL Combustion Screening tool update

Unfortunately for reasons out of our control the SCAIL Combustion screening tool is
now delayed until the 30th June 2023.

We apologise for the inconvenience this may cause and we will ensure that once the
SCAIL screening tool is ready you are given sufficient time to carry out the screening
and produce any necessary air emissions modelling (in the case of a complex
bespoke). We acknowledge that there may be some associated supply chain issues
for example availability of air quality consultants, we will actively monitor this situation
so we can respond accordingly if necessary.

General reminder


To comply with the requirements of the Environmental Permitting Regulations (EPR),
Schedule 25 you can now apply for a permit from the Environment Agency (EA) for
the following:

  • New standalone MCPs between 1-50MWth (before it is commissioned)
  • Existing standalone MCPs between 5-50MWth (must be permitted by 1st
    January 2024)
  • Tranche A and B specified generators (permitting date requirement varies)

We recommend that you make an application for standard rules and simple
bespoke permits for existing standalone MCPs between 5 – 20 MWth as soon
as possible to meet the regulatory requirement for a permit before the 1st
January 2024.
Please note: The following parts of this briefing note are technical in nature and may
require background knowledge of MCP&SG regulations. If you are new to the
requirements, then we recommend that you read our guidance pages starting here:
Medium combustion plant and specified generator regulations – GOV.UK
(www.gov.uk)
There is also a leaflet here which you may find useful.

Standard rules (SR) permit for new and existing low
risk stationary MCPs


The EA has published a revised SR2018 No7 which will now mean it can be used for
existing low risk stationary MCPs 5-20MWth in addition to new MCPs 1-20MWth.

We have also published a new SR2022 No9 which is for new 1-20MWth and existing
5-20MWth low risk, stationary MCP which are natural gas boilers.

You can view the available standard rules here.

To apply for a SR permit you must be able to meet the rules set out in the permit, if
you cannot you need to apply for a bespoke permit.

The MCP and SG standard rules application form is located here. The application
form contains a handy rule set helper which will confirm if you can meet the criteria
for an MCP or SG SR permit. Since launching at the end of March 2023 there
have been a few bugs identified in the SR application form, these have now
been fixed and version 5.1 of the form is now available using the above link,
please delete any earlier versions you may have downloaded and use this new
version for all future applications.

If you already have a SR2018 No7 permit and you now want to add some existing
MCPs at the same site then you should use the same application form as you would
if applying for a new SR permit here. The application form will ask you for the details
of your current permit. In the application form tell us about the plant you want to add
to that permit and pay a charge relevant to the number of plant being added under
this application. Following determination of the permit you will be issued with a new
appendix A which will list all the permitted plant at this site.

Operators who already have a SR2018 No7 permit should have received an email
explaining how they will transition to the revised rule set at the end of March 2023.If
you do not receive this communication, it could be because you have not updated
your contact details with us since you applied for the permit. Contact
MCPDHelp@environment-agency.gov.uk to let us know your new contact details. A
copy of the letter can also be viewed here.

Some of the frequently asked questions about MCP and SG SR permits can be
found in our recent consultation response.

Bespoke permits for existing standalone MCP 5-
50MWth

If you cannot meet the conditions in a standard rules permit, you must apply for a
bespoke permit. There are 2 types:

  • simple bespoke (low risk) – does not require detailed air dispersion modelling
  • complex bespoke (high risk) – does require detailed air dispersion modelling

We have updated our guidance so that you can assess which type of bespoke permit
you must apply for and the information you will need to provide.

We have updated the air emissions risk assessment process breaking it down into
stages. Stage 1 provides a minimum screening distance to a protected habitat, if you
are operating MCP outside of these distances then you can apply for a simple
bespoke permit. Please note these screening distances were amended in March
2023 and are now linked to the thermal input and fuel types used.

If you are within the stage 1 screening distances, then you should move to a stage 2
assessment. Stage 2 assessment will involve using a screening tool called
‘SCAIL combustion’. It is still under development and unfortunately for reasons
out of our control is now delayed until the 30
th June 2023.

We apologise for the inconvenience this may cause and we will ensure that
once the SCAIL screening tool is ready you are given sufficient time to carry out the screening and produce any necessary air emissions modelling (in the
case of a complex bespoke). We acknowledge that there may be some
associated supply chain issues for example availability of air quality
consultants, we will actively monitor this situation so we can respond
accordingly if necessary.

If you wish to apply for a permit before SCAIL is available, for example you have new
plant requiring a permit you can apply for a complex bespoke anytime. There will be
no regulatory position to cover new MCP’s requiring a permit.

The application forms for a new bespoke permit application for MCPs and SG have
been updated and can be found here. Application forms to vary a bespoke permit can
be found here. We will no longer accept any applications using old versions of forms
B2.5 or C2.5.

If you already have a complex bespoke permit for your new plant and you now want
to add existing plant, you will need to make a variation application. Provided existing
plant was included in the original air dispersion modelling report (ADMR) which was
submitted during determination of that permit you may use this ADMR again when
you apply to vary the permit providing there have been no changes, such as to fuel
types with additional pollutant emission limits or increase in operating hours.

If existing plant was not included in the original ADMR and you cannot screen out
using the air emissions risk assessment guidance, then you will need to submit
another ADMR which does include both new and existing combustion plant. You may
want to future proof this report to include all combustion plant on site – for example
MCPs 1-5 MWth.

If you already have a bespoke permit for a specified generator and that plant will now
need permitting as an existing MCP you will need to make an application to vary your
permit. The type of application you need to make, the charge and the supporting
information will vary depending on the circumstances:

  • If your permitted plant burns natural gas or gas oil it will retain the same
    emission limit values in the permit, this means that we will not need to
    reassess any air quality emissions assessments/modelling – you should make
    a minor variation application.
  • If the emission limit values will change when we add the MCPD requirements
    because you are burning a fuel which has dust and SO2 emissions, you may
    need to provide a revised d air quality modelling report (if not previously
    provided to assess these risks) particularly where habitats are present within
    the minimum screening distances given in the guidance. In these cases, you
    will need to make a normal variation application.

EA review of MCPs which are listed as part of an
Industrial Emissions Directive (IED) permit

For existing MCP between 5-50MWth which are listed as part of an Industrial
Emissions Directive (IED) permit we will carry out a review of these permits to ensure
they are MCPD compliant as a minimum.

Reviews of permits in the industrial food, drink and milk and biowaste sectors are
already underway as part of a wider review programme. Where a review is not
already planned, we will send out Regulation 61 notices requiring the necessary
Medium Combustion Plant Directive (MCPD) Annex 1 information in summer 2023
and carry out agency-initiated variations where necessary during 2024. There is a
separate more detailed briefing available about this process which was last updated
in March 2022 here.

Existing MCPs which have a 1.1 Part B and 5.1 Part B
permit

For existing MCP which currently hold a permit for Environmental Permitting
Regulation Schedule 1, Part 2, Chapter 1, Section 1.1. Part B activity (unit greater
than or equal to 20MWth) or a Schedule 1, Part 2, Chapter 5, Section 5.1 Part B
(burning of waste biomass as described in Article 3 (18) (b) of the MCPD) permit with
the Local Authority we will provide further briefings in the future about when and how
your permit will transfer to the Environment Agency as the regulator.

When the transfer takes place, we will also review and possibly vary your permit to
ensure it meets MCPD requirements.

Plant between 5-50 MWth input capacity are likely to be transferred to the EA during
2024 but before the compliance deadline of 1st January 2025.

MCPs that are part of a Part A2 facility regulated by
the Local Authority (LA)

For MCP(s) at Part A2 facilities regulated by LA’s, we are still working on
preparations to ensure compliance with MCPD of in scope combustion plant at these
facilities and determine who the regulator will be. We will update you with more
information in a future briefing note with a process of how and when this will happen.

Specified Generators

We have published a revised specified generator tool here. You can now use this tool
as part of an air emissions risk assessment for a bespoke application if you operate
one of the following:

  • Tranche B or Tranche A specified generator site, or a mix of Tranche A and B
    specified generator site where all Tranche A generators comply with the
    Tranche B requirements
  • single or group of new or existing engines that can achieve the medium
    combustion plant directive and, or specified generator emission limit values
  • specified generator or generators that have vertical stacks without cowls or
    caps
  • specified generator or generators that are fuelled by natural gas, that is, there
    are insignificant emissions of sulphur dioxide and particulates or, are fuelled
    by ultra-low sulphur diesel with secondary abatement, used for balancing (no
    more than 500 hours), and aggregated to no more than 20MWth

SCAIL should not be used for applications that include Specified Generators.

Developing an online application service

The Environment Agency has an ongoing project which is developing an online portal
which would support individuals/businesses/representatives to make permit
applications and provide an account to help you manage the permits you already
hold.

If you would like to take part in user research and test an early beta prototype to
make your application, then please email Katie.Walker@environment-agency.gov.uk
for more information or to sign up.

Pre-application advice

Did you know we offer a pre-application advice service? You can use the service to
make sure your permit application is correct. To access the service for MCP and SG
applications use the ‘installations activities’ link towards the bottom of the page.
We have also produced some flow charts to help you:

Guidance

There are several guidance pages available on our website which give a more
detailed understanding of the regulations, when you need a permit and how to apply
and comply.

This document provides the hyperlinks to all MCP & SG related guidance and
application forms on our website to make it easier to navigate.

If you have any other questions

Please read the guidance here

If you have any questions about specific permit applications, you can access preapplication support here, selecting the ‘installations activities’ form.

You can join our mailing list here

All other enquiries can be made to enquiries@environment-agency.gov.uk or call us
on 03708 506 506

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