Medium Combustion Plant Directive (MCPD) – 14th December 2023
To comply with the requirements of the Environmental Permitting Regulations (EPR) 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)
Applications for standard rules and simple bespoke permits should be made by the 30th September 2023.
- Tranche A and B specified generators (permitting date requirement varies)
Standard rules (SR) permit for new and existing MCPs and Tranche B Specified Generators
Operations without the necessary permit after the 1st January 2024 may be subject to enforcement action in line with the Environment Agency’s enforcement and sanctions policy.
SR permit applications for existing standalone MCPs 5-20MWth should have been made before the 30th September 2023 to allow the EA the statutory time to determine them and issue a permit before the regulatory deadline of the 1st January 2024. The EA is on track to determine all SR applications received before the 30th September, in a few specific circumstances where we are unable to issue a permit by the 1st January 2024 we will contact affected operators individually.
SR applications made after the 30th September 2023 are unlikely to be permitted by the 1st January 2024.
In line with enforcement and sanctions policy, the EA’s first step would be to “provide advice and guidance” to submit a permit application. Therefore, providing you have submitted an application the EA are unlikely to take any enforcement action whilst we determine your application.
You should continue to operate as normal whilst taking measures to be compliant with emissions limit values (ELV’s) for existing MCP from Annex II of the Medium Combustion Plant Directive (MCPD).
In an unlikely situation that your application is rejected the Environment Agency would reconsider their enforcement position with respect to your plant at that point.
If you need a permit and have not already submitted an application, you should do this as soon as possible to avoid enforcement action.
All operators are encouraged to get their plant tested to ensure they can comply with any emission limit values which are given in the standard rules conditions and Annex II of the MCPD by the 1st January 2025.