Air Quality: Large Combustion Plants Directive

Latest news

• 1 March 2006: The UK LCPD package was sent to the European Commission on 28 February 2006
• 16 December 2005: New proposals for implementation of Directive
• 16 December 2005: Secretary of State Directions to the Environment Agency in relation to opt out provision
• 21 September 2005: Update on implementation of the Large Combustion Plants Directive (news release 405/05)

What is the Large Combustion Plant Directive?

The revised Large Combustion Plants Directive (LCPD, 2001/80/EC) applies to combustion plants with a thermal output of greater than 50 MW.

The LCPD aims to reduce acidification, ground level ozone and particles throughout Europe by controlling emissions of sulphur dioxide (SO2), nitrogen oxides (NOx) and dust (particulate matter (PM)) from large combustion plants (LCPs). These include plants in power stations, petroleum refineries, steelworks and other industrial processes running on solid, liquid or gaseous fuel.

Text of LCP Directive

The full text of the Large Combustion Plant Directive 2001/80/EC can be found on the Europa website:

• http://europa.eu.int/eur-lex/pri/en/oj/dat/2001/l_309/l_30920011127en00010021.pdf

What does the LCPD do?

The LCPD reduces emissions of SO2 and NOx and dust as these pollutants are major contributors to acid deposition, which acidifies soils and freshwater bodies, damages plants and aquatic habitats, and corrodes building materials. NOx reacts with volatile organic compounds in the presence of sunlight to form ozone that can adversely affect human health and ecosystems.

SO2, NOx and particles can travel long distances from their sources before being deposited onto land, surface waters or oceans, or forming ozone. Emissions from the UK contribute to pollution problems in other Member States, while Germany, Netherlands, France, Ireland and Belgium are the principal non-domestic contributors to sulphur and nitrogen deposition in the UK. A Europe-wide approach to reducing these pollutants and their impact is therefore required.

The revised LCPD takes into account advances in combustion and abatement technologies. It will replace the original LCPD (88/609/EEC) adopted in November 1988.

How does the LCPD reduce emissions?

New combustion plant must meet the emission limit values (ELVs) given in the LCPD. For 'existing' plants (i.e. those in operation pre-1987), Member States can choose to meet the obligations by either:

a. Complying with ELVs for NOx, SO2, and particles.

b. Operating within a 'National Plan'. That would set an annual national level of emissions calculated by applying the ELV approach to existing plants, on the basis of those plants' average actual operating hours, fuel used and thermal input, over the 5 years to 2000.

Transposition

A consultation paper (for comments by 4 October 2002) on transposition of the Directive was published on 9 August 2002.

The LCPD was transposed in 2002 by Directions given by the Secretary of State for Environment, Food and Rural Affairs to the Environment Agency for England and Wales.

• The Large Combustion Plants (England and Wales) Regulations 2002 SI 2002 No. 2688 (OPSI website)
• The Large Combustion Plant (Control of Emissions) (Scotland) Regulations 1991 SI 1991 No. 562 (S.47) (OPSI website)

Implementation

1 March 2006 - The UK LCPD package was sent to the European Commission on 28 February 2006. For further information see the following documents:

• Covering letter to the European Commission from UKRep on the implementation of the LCPD in the UK (186 KB)
• The Final UK National Plan (201 KB)
• Annex of national tables (102 KB)

A consultation paper was published (12 September 2002) setting down the preliminary views of Defra on the intended approach on some interpretational points. An analysis of responses to the consultation is available (40 KB).

A further consultation paper (for comments by 29 September 2003) was published on 30 June 2003 setting out Ministers' preliminary views on the implementation approach for plants first licensed before 1 July 1987, and seeking stakeholders' views. A summary of responses to the consultation is available.

Proposals for implementation

• 16 December 2005
  • Letter to stakeholders (16 December 2005) (38 KB)
  • Letter to the Commission from the UK reiterating the UK's understanding of the Commission's position (16 December 2005) (25 KB)
  • LCP Expert Group's interpretation of an "existing combustion plant" (40 KB)
  • LCP Expert Group's "combined approaches" (40 KB)

Following further discussions with stakeholders, the government announced in July 2004 that it would explore implementation of the LCPD by combining the ELV and national plan approaches and adopting a definition of combustion plant by reference to boiler.

Written Ministerial Statement by Rt Hon Margaret Beckett, Secretary of State for Environment, Food and Rural Affairs on the Implementation of the Revised Large Combustion Plants Directive (LCPD) (22 July 2004)

These proposals were submitted to the European Commission in November 2004. The Commission's response is expected shortly. An updated NERP, embodying these proposals, has been submitted to the Commission:

Updated United Kingdom National Emission Reduction Plan for implementation of the revised Large Combustion Plants Directive (2001/80/EC) 23 May 2005 (98 KB)

Annex to Updated United Kingdom National Emission Reduction Plan for implementation of the revised Large Combustion Plants Directive (2001/80/EC) 23 May 2005 (274 KB)

Legal basis for a combined approach under Article 4(3) (146 KB) - added 29 December 2005

Opt out Article 4(4) directive 2001/80/EC

Article 4(4) of the LCPD provides for operators of existing plants to be exempted from compliance with ELVs or a NERP if they made a written declaration by 30 June 2004 to the competent authority not to operate the plant for more than 20,000 operational hours starting from 1 January 2008 and ending no later than 31 December 2015. Defra has directed the Environment Agency that such declarations may be withdrawn by 30 June 2005 (subsequently amended to 31 December 2005). Details are given in the attached documents:

• 7 March 2005: Opt out provision under Article 4(4) of the Large Combustion Plants Directive: Letter to stakeholders 7 March 2005 (14 KB)
• 18 June 2004: Opt out provision under Article 4(4) of the Large Combustion Plants Directive (35 KB)
• 30 March 2004: Revised large Combustion Plants Directive (14 KB)

Directions regarding Article 4(4)

• 16 December 2005: Secretary of State Directions to the Environment Agency in relation to opt out provision of the revised Large Combustion Plant Directive
  • The Environmental Protection (Combustion Plants) (England ) Directions 2005 (45 KB)
  • The Pollution Prevention and Control (Combustion Plants) (England and Wales) Directions 2005 (45 KB)
• Opt out provision under Article 4(4) of the Large Combustion Plants Directive: Letter to stakeholders 18 June 2004 (12 KB)
• The Pollution Prevention And Control (Combustion Plants) (England And Wales) Directions 2005 (13 KB)
• The Environmental Protection (Combustion Plants) (England) Directions 2005 (12 KB)
• The Environmental Protection (Combustion Plants) (England) Directions 2004 (25 KB)
• The Pollution Prevention and Control (Combustion Plants) (England and Wales) Directions 2004 (24 KB)

Useful links

Defra has issued notices on the London Gazette. Notice codes 2301 (17 May 2005) and 56732 (October 2002) respectively. Please see www.gazettes-online.co.uk/

As Defra liaises with several other government departments, the following websites may be useful:

• The energy section of the Dti website www.dti.gov.uk/energy/
• The Environment agency website www.environment-agency.gov.uk/
• The Scottish Executive website www.scotland.gov.uk/Home
• The Department of Environment Northern Ireland www.doeni.gov.uk and their Environment and Heritage Service website www.ehsni.gov.uk

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