The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014

Maximum sulphur content of heavy fuel oilS

4.—(1) Subject to [F1paragraphs (2) and (3)], no person shall use any heavy fuel oil with a sulphur content exceeding 1 per cent by mass.

(2) Until 1st January 2016 paragraph (1) does not apply to the use of heavy fuel oil—

(a)in a new plant which is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Annex IV to Directive 2001/80/EC;

(b)in an existing plant that is—

(i)operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Part A of Annex IV to Directive 2001/80/EC; or

(ii)a participating plant operated in accordance with a permit containing a condition prohibiting the monthly average emissions of sulphur dioxide from the plant from exceeding 1,700 mg/Nm³ at an oxygen content in the flue gas of 3 per cent by volume on a dry basis;

(c)in a combustion plant (other than a plant to which sub-paragraph (a) or (b) applies), which is operated in accordance with a permit which contains a condition which prohibits the monthly average of emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm³ at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or

(d)in a combustion plant forming part of a refinery (other than a gas engine, a gas turbine or a plant to which sub-paragraph (a) or (b) applies), which is operated in accordance with a permit which contains a condition that the monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the fuel type or fuel combination used, does not exceed 1,700mg/Nm³ at an oxygen content in the flue gas of 3 per cent by volume on a dry basis.

(3) As from 1^st January 2016, paragraph (1) does not apply to the use of heavy fuel oil—

(a)in a combustion plant that—

[F2(i)is a Chapter III combustion plant,]

(ii)is operated in accordance with a permit containing a condition that emission limit values for sulphur dioxide are at least as stringent as those set out in Annex V to that Directive;

(b)in a combustion plant that—

[F3(i)is a Chapter III combustion plant,]

(ii)is not subject to the emission limit values for sulphur dioxide set out in Annex V to that Directive; and

(iii)is operated in accordance with a permit containing a condition prohibiting the monthly average emissions of sulphur dioxide from the plant from exceeding 1,700 mg/Nm³ at an oxygen content in the flue gas of 3 per cent by volume on a dry basis;

(c)in a combustion plant (other than a plant to which sub-paragraph (a) or (b) applies), that is operated in accordance with a permit containing a condition prohibiting the monthly average emissions of sulphur dioxide from exceeding 1,700 mg/Nm³ at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or

(d)in a combustion plant forming part of a refinery (other than a gas engine, a gas turbine or a plant to which sub-paragraph (a) or (b) applies), which is operated in accordance with a permit containing a condition that the monthly average of emissions of sulphur dioxide averaged over all combustion plants in the refinery, irrespective of the fuel type or fuel combination used, does not exceed 1,700 mg/Nm³ at an oxygen content in the flue gas of 3 per cent per volume on a dry basis.

(4) SEPA must ensure that appropriate monitoring of emissions of sulphur dioxide is carried out to ensure that the limitations on emissions contained in a permit referred to in paragraph (2) or (3) are not exceeded.

(5) In this regulation—

“gas engine” and “gas turbine” have the meaning given in Article 3(34) and (33) respectively of Directive 2010/75/EU;

“participating plant” has the meaning given in regulation 3(1)(b) of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007(1);

“permit” means either—

(6) The Schedule (sulphur content of liquid fuels permits) has effect.