Air Quality: Transposition of the Large Combustion Plants Directive - Consultation

Note: This consultation has closed. An analysis of responses to the consultation is now available (Adobe Acrobat format, 40kb).

The following material has been left in place for reference/archive purposes. The latest position on this Directive is set out at this page.

The Government intends to transpose the revised Large Combustion Plants Directive by means of Directions to the regulators and associated Regulations. We are seeking views on this approach. The Directive must be transposed by 27 November 2002. This consultation paper covers England, Wales and Northern Ireland. Parallel consultations are taking place in Scotland.

The approach proposed will keep open options that will allow the UK to decide later whether to implement the Directive by adopting the Emissions Limit Values or the National Plan approach for 'existing' plants. No decision has yet been taken as to which of these two approaches will be adopted. An example National Plan is included as an annex to this consultation paper, to help begin the debate on which approach should be adopted. Those affected will be operators of large combustions plants - including electricity generation, oil refining and other operators of large boilers such as chemical manufacturers, car manufacturers, sugar refiners, distillers, the primary and secondary iron and steel producers, aluminum production and paper manufacturers.

The consultation paper - which also includes a revised interim Regulatory and Environmental Impact Assessment - is available as follows:

• Covering letter (Adobe Acrobat format, 80kb)
• Consultation document (Adobe Acrobat format, 300kb)

• Annex A: Outline example National Plan (Adobe Acrobat format, 320kb)

• Interpretational issues (Adobe Acrobat format, 80kb) (see note below)

Consultations close on 4 October 2002. Consultation responses should be sent before that date to:

Miss Rhonda Scobie
Defra
4/G15 Ashdown House
123 Victoria Street
London SW1E 6DE
or by email to air.quality@defra.gsi.gov.uk

It would be helpful if consultees in Wales and Northern Ireland would also copy their responses respectively to the Welsh Assembly Government and their Department of the Environment. Full postal addresses, and email addresses are given in the consultation paper.

Interpretational issues

A paper has now been published (12 September 2002) - see above - which sets down the preliminary views of Defra on the intended approach on some Large Combustion Plant Directive (LCPD) interpretational points. We would welcome comments on these, and expect to come to a final view on these issues later this year. There are a number of aspects of the revised LCPD where different interpretations have been given to the text. In some cases, different readings can have very significant effects on the costs of implementation, or the environmental impact of the Directive. However, what the Directive means is a matter of law and, if there are disputes, it is for the Courts to decide with the final decision resting with the European Court of Justice in Luxembourg.