Replaced or refurbed your boiler since December 2018? Find out if you require a permit to operate.

Is an old inefficient boiler or engine getting your business down? Are you thinking a shiny new plant is well overdue? If this sounds familiar, or you have replaced an existing plant since 20 December 2018, you might unexpectedly find yourself needing an environmental permit.

Replaced or Refurb?

Existing Medium Combustion Plants (MCPs), such as boilers over 1 MWth input commissioned before 20 December 2018, may not need an environmental permit for a few years yet. However, if an existing plant has since been replaced with a newer version, regardless of whether it is the same or a difference size, so long as the new plant or the site’s total generation capacity is over 1 MWth, then a permit will be required.

Tranche A engines, which are CHPs over 1 MWth input that started operation before 01 December 2016, also do not need a Specified Generator until 2029. However, the same rules apply to them and may also require permitting sooner than expected. Most critically, if the site has other Tranche A engines on it that are still considered existing, the new plant will bring forward their compliance deadlines and they will all be permitted as a single Specific Generator made up of multiple CHPs and every engine will be required to meet the new emission limits.

Plants may also be reconsidered as new if substantial refurbishments are made:

• If the plant is altered or repaired which makes the emissions from the plant worse (e.g Oxides of Nitrogen/Particulate Matter (dust), etc. pollution levels are increased); and/or
• Substantial refurbishment costs are more than 50% of what a new comparable MCP would cost, or if the whole plant is replaced in its entirety.  

However, improved emissions for cheaper costs will maintain a plants existing status and keep its current permit deadline.

What does this mean for you?

If you have replaced your combustion system or refurbished it since 20 December 2018 you may well need to apply for a MCP or Specified Generator permit. These requirements cover all fuels so biomass, gas, oil, etc. all need to comply.

You also need to consider a permit if you have refurbished your plant and it is considered a “new plant”.

Existing systems, commissioned before 20 December 2018, will have to comply by either 2024 (>5MWth input boiler) or 2029 (1-5 MWth input boiler and all Tranche A CHPs totaling >1MWth input).

Are there any repercussions?

If you fail to meet your environmental compliance due diligence, whether it be through not permitting a plant that requires a permit, either stand alone or varying an existing permit to add it on, or not actively meeting the emission limit values within your permit, you risk any affected plants being shut down by either the Environment Agency or your Local Authority Environmental Health team. Only once you can provide evidence that you have met your ongoing compliance requirements will they allow you to turn the plant back on. If you continue to operate there are further enforcement actions the EA can take.

If you need help working out if a permit application/variation is required please call us on 024 7669 8899 and stay up to date with the latest compliance news at www.nfuenergy.co.uk