Regulatory decision: permitting requirements for existing medium combustion plant between 5 and less than 50MWth input

This regulatory decision is valid until 31 December 2024 by which time we will review it.

You should check back at that time to find out whether it is still valid.

This regulatory decision applies to operators of existing medium combustion plant between 5 and less than 50MWth input.

Regulatory decision

Under Schedule 25A of the Environmental Permitting (England and Wales) (Amendment) Regulations 2018, operators must hold a permit to operate an existing medium combustion plant between 5 and less than 50MWth input by 1 January 2024.

Some operators may find it difficult to submit their permit application to us in time for us to determine and issue it before 1 January 2024.

If an operator submits an application to us, and we do not refuse or return it before 1 January 2024, we have decided not to take enforcement action for operating without a permit after this date.

This will allow more time for operators to submit their applications, and more time for us to work through our determination process.  

Conditions you must comply with 

You must submit your permit application by 1 January 2024. 

Contact us as early as possible if you are likely to face difficulties meeting the 1 January 2024 deadline.

Before you use this regulatory decision

You must tell us before 1 January 2024 if you intend to operate under this regulatory decision. You must:

Enforcement 

A regulatory decision means that we will not normally take enforcement action against you provided: 

  • your activity meets the description set out
  • you comply with the conditions set out
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

If you operate under this regulatory decision but think you may no longer be able to comply with its conditions, you must stop the activity and tell us immediately. 

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