To ask the Minister of Agriculture, Environment and Rural Affairs to outline the reasoning behind his Department’s decision to permit Kilroot power station to exceed its emissions limits.

The Industrial Emissions Directive (IED) 2010 is implemented through the Pollution Prevention Control (Industrial Emissions) (PPC(IE)) Regulations NI 2013 via a permit issued by the Chief Inspector which sets out specific Emission Limit Values for Large Combustion Plants (LCP) such as EP Kilroot (EPK).

Of the LCP’s in Northern Ireland, three are powers stations and only one, EPK is coal fired. In June 2020 due to the unprecedented impact of the COVID-19 pandemic on regulated sectors such as LCP’s the Northern Ireland Environment Agency (NIEA) issued specific COVID-19 Regulatory Position Statements (RPS). Where the conditions set out in the RPS were adhered to the NIEA would not take regulatory action.

As a result of concerns raised by EPK due to the ending of the NIEA COVID-19 Regulatory Position Statements (RPS) for LCP’s on 31 March 2022 and potential interruption of coal supplies from Russia due to the war in Ukraine; the Department issued a Direction to the NIEA IPRI Chief Inspector on 29 March in order to ensure the security of Northern Ireland’s electricity supply as determined by Department for Economy. The Chief Inspector has written to EPK to confirm a direction to waive enforcement action for breach of Oxides of Nitrogen or Sulphur Dioxide emission limits under certain circumstances for up to one year (to end 31 March 2023), with built in three month review points.

Since the RPS issued during the COVID-19 pandemic expired on 31 March 2022, EPK have chosen to curtail the output of their coal units to approximately 50% of maximum output in order to comply with the Nitrous Oxides Emission Limit Values in their permit. As a result, to date the direction has not been used. It is anticipated that during the winter period, SONI (the Transmission System Operator for Northern Ireland) will require the EPK units to run at higher output levels in order to maintain security of supply. The DAERA direction permits the Chief Inspector to waiver any enforcement action on EPK providing them with an option to generate sufficient electricity to meet this demand.

Assembly members should be assured that my Department remains fully committed to limiting Northern Ireland’s greenhouse gas emissions, working within its remit and with other departments to deliver on the emissions reduction requirements of the Climate Change Act (Northern Ireland) 2022.