Package Boilers DF 2 2. E.ON UK Pic, Kemsley

Е$Д Ref. Ares(2020)4251 200 13/08/2020

With apologies for a slight delay (I have been away from the office), this is just to confirm receipt of your email. We are looking at this and will provide a response as soon as possible.

Many thanks,

JHead of Industrial Emissions Policy Air Quality ana Industrial Emissions | Department for Environment, Food and Rural Affairs |l luiound Floor, Seacole Building | 2 Marsham Street, London SW1P 4DF

Please note I work Mondays to Thursdays (morning only on Thursday).

Subject: RE: Aberthaw infraction: additional information on ΓΝΡ and Article 33 plants

Thank you for the prompt reply.

From your clarification I take the following: 90 plants remain in the UK's ĪNP Result of this are the following ceilings i calculated based on the attached table) 2020 (1 Jan 2016 2017 2018 2019 30 Jun) S02 116003 95669 75336 55002 27501 NOx 85318 85656 85994 86332 43166 dust 13076 10500 7924 5348 2674

In addition I would like to clarify emissions allocated for dust for the plants:

1. E.ON UK Pic, Kemsley CHP - Package boilers D-F 2 2. E.ON UK Pic, Kemsley CUP - Package boilers A C 3. E.On UK Pic, Winnington CHP boilers

t Seems that the Commission Decision of 17.Il2.2015 on the transitional national plan communicated by UK in accordance with Artide 32(5) of Directive 2010/75/EU, OJ C 425, 18.12 2015,, p. 19, that can be find at the CmCABC website , https://circabc.europa.eu/w/browse/bb2609eb-d9ef-4e9G-b918-9247c lf43598 indicates that dust emissions are covered.

From the table communicated to us by e-mail of 4 April 2018 that provides the revised transitional

national plan that reflects situation as of October 2016 I arrived to the same conclusion (and blue

highlighted in the attached table)

Seems that dust emissions are covered but there is a little contribution rounded to zero (so it has no

impact to the dust ceilings as calculated in the table above)

Can you please reconsider again if the UKfs TNP covers dust in case of the above mentioned plants that we can indicate ft correctly in the revised Annex to the TNP Decision.

Thank you in advance for your cooperation.

Kind regards

Policy Officer

European Commission- Directorate General for Environment

Website: http: //ec, e u ro pa. eu/e riviro n m e nt Follow us on: nas

The views expressed in this mail are purely those of the author and may not in any circumstances be regarded as stating an official position of the European Commission. The European Commission cannot give a binding interpretation of EU legislation, as this is the prerogative of the Court of Justice of the European Union.

Please consider the environment before printing this e-mail.

From:) Sent: Wednesday, September 05, 20 iS 5:24 PM To: Cc:| Subject: RE: Ahcrthaw infraction: additidnafTnformation on TNP and Article 33 plants

2 Dearl

Please accept our apologies for the delay in responding, which was caused by an administrative error. I hope the following response addresses your outstanding queries, but please do contact myself or^^^should you have any further questions.

We have confirmed with our competent authorities the current list of plants in the UK's Transitional National Plan and can confirm that the published register for 2018 is the most up-to date list of plants in the TNP. We have addressed the queries Ian raised in his email of 28/05 In the attached document. There were 5 site closures in 2016, and therefore from the original 95 sites included in the 2016 TNP Document, 90 plants remain in the UK's TNP.

With regards to providing updates on any future changes to the TNP to the Commission, we are able to inform you of any changes when our TNP Register is reviewed and updated on a quarterly basis. Please can you advise on the process for providing these updates?

Kind regards,

I Head of Industrial Emissions Policy | Air Quality and Industrial Emissions Department for Environment, Food and Rural Affairs i( ļ Ground Floor, Seacole Building I 2 Marsham Street, London SWIP 4DF

Please note I work Mondays to Thursdays (morning only on Thursday).

I'm writing to remind you to the below exchanges regarding to the UK's ΓΝΡ

I would be grateful if you can confirm the final version of the ΓΝΡ as requested in my e- mail below.

Thank you very much for your cooperation.

Kind Regards,

Policy Officer

European Commission Directorate General for Environment

Website: http://ec.europa.eu/'environment

3 ļ í Sa Follow us on: lf£3

PSesse consider the environment before printing this e-maii.

Many thanks for this clarification. We will check the list and confirm the plants that have been removed and why. We will endeavour to respond as quickly as possible, but this may not be until next week as a few key personnel are unavailable this week.

Kind regards,

Head of Industrial Emissions Policy Department for Environment, Food and Rural Affairs Area 2C, Nobel House, 17 Smith Square, London, SWÌP 3JR

Please note I work Mondays to Thursdays.

Subject: FW: Aberthaw infraction: additional information on FNP and Article 33 plants

a sked me to respond to your e-mail.

1. Reporting obligations to tfie LCP inventory where all LCPs have to report emissions but we do not use information provided here for any updates of the TNP 2. Member states authorities are obligated to report to the Commission any subsequent changes to the TNP according to article 32(6) of the IED and Article 5 of the Commission Implementing Decision of 10 February 2012 laying down rules concerning the transitional national plans. Any of this changes requires revision of the TNP Decision by the Commission.

As we noticed the TNP file provided in March, that reflects the UK's TNP as of October 2016, is not up to date, we request the UK competent authorities to confirm: 4 tlie 11st of plant s cu r ro n 11 y co v e r e d b y t h e U K T N P n n cJ for w h î c h pollutants, applicable ceilings the reason for their exclusion

This information is needed that we are able to address all the changes in the revised TNP decision including any subsequent changes that are indicated through our IED-related reporting.

Thank you,

Kind Regards,

Policy Officer

European Commission - Directorate General for Environment

Website: http://ec.europa.eu/environment Follow us on: D Ό

The views expressed in this mail are purely those of the author and may not in any circumstances be regarded as staling an official position of the European Commission. The European Commission cannot give a binding interpretation of EU legislation, as this is the prerogative of the Court of Justice of the European Union.

Please consider the· environment before pointing this e-man

From: Sent: Tuesday/ May T9, 2018 2:07 PM To: Cc:|______Subject: RE: Aber!haw infraction: additional information on TNP and Article 33 plants

The I NP file we provided m March refleets the UK's TNP as of October 20.1 G, which takes into account the Court's decision on the A bert haw Power Station and the associated changes In emissions allowances. When sending this file through we confirmed that any subsequent operational changes to lite plants, such as plant closures and changes to the site operators, will be reported to the Commission through the annual reporting submission on l arge Combustion Plants and that these changes are also captured within the UK's TNP register

We can certainly- provide further information, but please can 1 clarify exactly what is required so we can tailor this appropriately? My understanding was that the Commission needed to see the final TNP relevant to the Introduction of the IĒD (be. e x c I и ding any s u b s e q u e n t c h a n g o s t lì a i w o u i d b e indi c a t e d t h mu g h ou r IE D rc lot e d repor ting). Is this correct? My apologies for any misunderstanding here. I am relatively new to the team and was not involved in the work to develop the TNP, nor the Abort haw case.

Kind regards,

Head of Industrial Emissions Policy | Air Quality and Industriell Emissions ļ D e p cirlnunit for Environ m eut, Fo o d and Rural Affairs iårea 2C, Nobel House, 17 Smith Square, London, SW1P 3JR

Please note I work Mondays to Thursdays.

Subject: RE: Aberthaw infraction: additional information on TNP and Article 33 plants

Thank you for having confirmed the emission totals for the UK Transitional National Plan (TNP) dated October 2016.

In October 2016 the TNP for the UK includes 95 plants and on this basis we have started drafting the revised TNP Decision for the UK.

However, in your email below (of April 25th) you also refer to the UK’s TNP Register published on the DE FRA website. We have checked this and according to it the following changes were made to the UK's TNP after October 2010 (the first set of changes in 2017 and a second set in 2018).

In 2017 it appears that the following plants were removed from the UK TNP:

* Whole plants removed from the TNP: 1. International Power Pic, Rugeley Power Station (for ail three pollutants) 2. Scott is h P o w e r ge n e ra t i o n H o I c i i n gs Limited Longa mi e t P o w er Station (for ail three pollutants) 3. Centrica KPS Ltd, Kiilingholme Power Station GT1 (TNP covers NOx only) 4. Centrica KPS Ltd, Killinghoime Power Station GT2 ( I fdP covers NOx only) 5. Centrica KPS Ltd, Killingholme Power Station GT3 (TNP covers NOx only)

» Exclusion of ceiling for dus! only but the plants remain in the TNP for 50,2' and NOx : 1. E.ON UK Pic, Kemsley CLIP - Package boilers D-F 2 2. E.ON UK Pic, Kemsley CUP - Package boilers A-C 3. E.On UK Pic, Winnington CMP boilers

In 2018 it appears that the following plants were removed from the UK TNP:

• Whole plants (previously only included in the IMP for NOx) excluded from the TNP.

6 1. E.ON UK Pic, Kemsley CHR - GT & WHRB A/ß 2. BP Ex p i o ra t i o n, K i n neil St a c k Al ( B -1 (31) G T a n d W a s t е 1 I e a t R e co v e r y Units 3. SSE plc, Burghflefd Generation Site 4. SSE plct Ch ickerall Generation Site 5. RWE npower plc, Didcot B Module 5 6. RWË npower plc, Didcot B Module 6 7. RWE n power plc, G r e at Y a r m o ut h P o va e r Station 8. Huntsman Tioxide Europe Ltd, Great ham Works 9. R W E n p o we r p I c, H y the GIP 1 10. RWE npower pic, Mythe Package Boilers 11. Ineos Mitri les (UK) Ltd, GT 12. RWE npower pic, Little Barford Power Station Module 1A 13. RWE npower plc, Little Barford Power Station Module IB 14. S5E pic, Medway Power Station CII 15. SSE pic, Medway Power Station CT2 16. Millennium Inorganic Chemicals Ltd, Cl IP Station 17. Sellafield Ltd, Gas Turbine 1 18. Sellafield Ltd, Gas Turbine 2 19. Sellafield Ltd, Gas Turbine 3 20. Sellafield Ltd, Auxiliary Boiler 21. SSE pic, Smurfit CMP 22. Solvay Interox Ltd, Solvay Interox Ltd 23. International Power Plc, Saltend Power Station - secondary boiler 24. International Power Plc, Saltend Power Station - Unit 1 25. International Power Plc, Saltend Power St at io ri - U n it 2 26. International Power Plc, Saltend Power Station — Unit 3

• Plants excluded for N Ox only but remain in the TNP for other põlluta nts

27. Ľ.ON UK Plc, Kemsley CLIP - Package boilers DI' 2 28. E.ON UK Plc, Kemsley CLIP - Package boilers A-C 29. Polimeri Europa UK, Grangemouth 30. E.On UK Plc, Port of Liverpool CHP - Package Boilers 1-3 31. R W L npo w e r pie, Abortii a w P o w e r 5 t a t io n 32. E.On UK Plc, Wlnnington CHP boilers 33. SSL plc, Fiddler’s Ferry Power Station 34. Michelin Tyre PLC, Michelin Dundee 35. Ly nemaut h Power Limited, Lyne mouth Power Station 36. Tata Steel UK, Port Talbot, Service Boilers 37. Tata Steel UK, Port Talbot Mitchell Boiler 38. Tata Steel UK, Port Talbot, A5 Boiler 39. Tata Steel UK, Port Talbot, No. 6&7 Boilers 40 PQSilicas UK Ltd, LCP82 41. Simec U skmout h Po we r, Us km outh Po we r Station 42. Tata Steel UK, Scunthorpe CPS 43. Tota Steel UK, Scunthorpe TBH (1-4) 44. Ta ta Steef U K, Scu n th o r p e T B H ( 5 & 6 ) 45. Sah av í r ty a Ste el f n d ust ries UK, Re d c a r P o w e r St a t i o n Boti e r 46 SABI C UK Petrochemicals, Wilton Olefins Boiler

As you will understand, the revised ÌNP needs to address all the changes made by the UK authorities to date, in addition, the TNP decision m point 4 of the Annex describes changes that need to be communicated to the Commission and on which

7 basis the plants (referring to individual plant names) have to be removed from the ΓΝΡ.

In view of this, the United Kingdom needs to confirm the changes that have been made compared to the October 201b version. Could the UK authorities therefore please confirm the list of plants currently covered by the UK TNP and for which pollutants. For those plants that have been removed, could the UK authorities explain the reason for their exclusion?

If there are further changes introduced in the UK's TNP could you please inform the Commission of them as soon as possible.

Thank you for your assistance with this.

Regards

Industrial emissions team leader

European Commission

DG Environment, Unit C4 - Industrial emissions and safety

Website: http://ec.europa.eu/environment Follow us on:

Many thanks for bringing this issue to our attention

^^^asked me to look into this, and we have now had the opportunity to discuss the matter.

We agree with your updated totals in yellow for Table BÍ, reflecting that the emissions allocation of all three pollutants from Aberthaw should be included in the UK's ceilings. Since the implementation of the TNP in 2016, these contributions of S02 and Dust have been correctly included and recorded within the UK's TNP Register (published here).

We would be happy to agree the values in yellow as the revised totals for the UK's ΓΝΡ decision and please accept our apologies for the confusion caused by this error

8 With kind regards,

From: Date: 19 April 2018 at 17:06:46 BST To: Cc: Subject: FW: Aberthaw infraction: additional information on I NF and Article 33 plants

Dear!

DG Environment has received the final version of the UK's Transitional National Plan (TNP) and the final list of UK plants applying the Limited Lifetime Derogation (LLD) under Article 33 of the IED.

Hope that you can help me in clarifying one additional question. It is about the total ceilings provided in the table BÍ. Seems that individual contributions are fine but the total 2016 ceilings for S02 and dust are not correct (the correct numbers should be as the yellow h i g h I i gh t e d below).

Sum Total S02 ceiling 1364/9 Total NOx ceiling 96815 To

Seems that contributions to S02 and dust emissions from the plant 14 (Aberthaw) are forgotten. It seems that excel formula set for the total ceilings of S02 and dust deducts contribution from the plant 14 ? Can you please clarify that we can proceed with drafting a new revised TNP decision addressing all changes,

Thanks you Kind regards

9 Policy Officer

European Commission - Directorate General for Environment

Website: http://ec.europa.eu/environment Follow us on: Department for Environment, Food and Rural Affairs (Dofra) This email and any attachments is intended for the named recipient only. If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked for known viruses whilst within Defra systems we can accept no responsibility once it has left our systems. Communications on Delia's computer systems may be monitored and/or recorded to secure the effective operation of the system and for other lawful purposes. Department for Environment, Food and Rural Affairs (Delia) This email and any attachments is intended for the named recipient only, If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked for known viruses whilst within Defra systems we can accept no responsibility once it has left our systems. Communications on Defra's computer systems may be monitored and/or recorded to secure the effective operation of the system and for other lawful purposes. Department for Environment, Food and Rural Affairs (Delia) dins email and any attachments is intended for the named recipient only. If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked for known viruses whilst within Defra systems we can accept no responsibility once it has left our systems. Communications on Defra's computer systems may be monitored and/or recorded to secure the effective operation of the system and lor other lawful purposes. Department for Environment, Food and Rural Affairs (Defra) This email and any attachments is intended for the named recipient only. If you have received it in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked lor known viruses whilst within Defra systems wc can accept no responsibility once it has left our systems. Communications on Defra's computer systems may be monitored and/or recorded lo secure the effective operation of the system and for other lawful purposes. Department for Environment, Food and Rural Affairs (Defra) Ί his email and any attachments is intended for the named recipient only. If you have received il in error you have no authority to use, disclose, store or copy any of its contents and you should destroy it and inform the sender. Whilst this email and associated attachments will have been checked for known viruses whilst within Defra systems wc can accept no responsibility once it has left our systems. Communications on Defra's computer systems may he monitored and/or recorded to secure the effective operation of the system and for other lawful purposes.