Consultation outcome

Implementing the Emissions Performance Standard

From:: Department of Energy & Climate Change
Published: 25 September 2014
Last updated: 14 January 2015 — See all updates

Read the full outcome

Government response

Ref: 15D/006

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Impact Assessment

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Detail of outcome

This document sets out the Government’s response to the Consultation ‘Implementing the Emissions Performance Standard: further interpretation and monitoring and enforcement arrangements in England and Wales’.

The consultation ran from 25 September to 6 November 2014. Twelve consultation responses were received from a range of stakeholders including environmental non-governmental organisations, electricity generators and other industrial companies.

The majority of responses suggest there is broad agreement to proposals for EPS regulations and the Government’s intention is therefore to proceed with the making of regulations on the basis set out in the consultation document. The response sets out the issues raised by respondents and the Government’s consideration of these points.

We would like to thank all those who took the time to respond to the consultation.

Original consultation

Consultation description

The Energy Act 2013 established an Emissions Performance Standard (EPS) to limit carbon dioxide emissions from new fossil fuel power stations. The way in which the EPS applies to new fossil fuel generation plant is defined in primary legislation. However, the Act allows for regulations to be made to provide limited tailoring of the arrangements in specified circumstances and for the creation of monitoring and enforcement arrangements.

This consultation seeks views on the draft regulations. Some principal issues addressed by these regulations include:

Proposals for monitoring and enforcement of the EPS
Operation of the time-limited exemption from the EPS for Carbon Capture and Storage (CCS) projects
Arrangements to apply in circumstances where an existing coal power plant upgrades to supercritical technology or replaces a main boiler or installs an additional one (installed generation capacity served by the new boiler to become subject to the EPS)

We are also seeking views on a draft statement of policy relating to any future exercise of the Secretary of State’s power to modify or suspend the EPS. The Act provides that this power is exercisable in limited circumstances, where there is an electricity shortfall or a risk of one.

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