The Emissions Performance Standard (Amendment) Regulations 2022

Jurisdiction: England

Commencement: 17th May 2022

Amends: The Emissions Performance Standard Regulations 2015

Mini Summary

The Emissions Performance Standard Regulations 2015 establish a monitoring and enforcement regime for the Emissions Performance Standard (EPS) which was introduced in the Energy Act 2013 (EA2013).

The EPS imposes an annual limit on carbon emissions from new fossil fuel plants – this is known as the Emissions Limit Duty. The Emissions Limit Duty has been set at a level equivalent to emissions of 450gCO2/kWh if the plant is operating at baseload. Operating at baseload is defined as operating almost continuously over the course of a year, at between 80%-90% of a generating station’s rated electrical output.

The EPS is designed to work alongside other decarbonisation policies implemented under the Government’s Electricity Market Reforms.  Another requirement is that any new coal fired power station is to be equipped with Carbon Capture and Storage (CCS).

The Regulations also apply the Emissions Limit Duty (provided for by section 57 of the Energy Act 201) to existing coal-fired generation plants which extend their operational life by replacing or adding a main boiler.

Parts 1 and 2 of the Regulations apply to the United Kingdom and Part 3 (relating to monitoring and enforcement) applies to England only.


Various duties apply.


Regulation 2 (Interpretation) of The Emissions Performance Standard Regulations 2015  is amended to update definitions relating to the monitoring and enforcement of the emissions performance standard in England. This amendment is necessary to transition the UK from the European Union Emissions Trading Scheme (EU ETS) to the UK Emissions Trading Scheme (UK ETS).

The definition of “GGETS Order ” is updated to mean the  Greenhouse Gas Emissions Trading Scheme Order 2020.

Additional definition changes are made to reference the new Regulations and are shown below.

The definition of “The Monitoring and Reporting Regulation ” is updated to mean:

A change is also made to the definition of “the Verification Regulation 2018 ” to mean  Regulation (EU) 2018/2067 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC.

The definition of “Greenhouse Gas Emissions Report” is updated to mean:

  • a report required to be submitted by an operator in accordance with Article 67(1) (Timing and obligations for reporting) of “the Monitoring and Reporting Regulations 2012 “, for emissions occurring before 1st January 2021; and
  • a report required to be submitted in accordance with a monitoring and report condition in the operator’s greenhouse gas emissions permit, referred in Article 26 (Installations: requirement for permit to carry out regulated activity) and Schedule 6(4) (Permits) of the “GGETS Order “, for emissions occurring on or after 1st January 2021.

Additionally, the meaning of Greenhouse Gas Emissions Permit is amended to reflect the definition in Article 4 (Interpretation) and Schedule 6 (permits) of the “GGETS Order “.

There are no duties for organisations under these Regulations.


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