reg 44 Power to determine reportable emissions
(1) A power of the regulator to make a conservative estimate of emissions in accordance with Article 70 of the Monitoring and Reporting Regulation 2018 (a “determination of emissions”) may also be exercised where— (a) an operator fails to comply with the requirement to submit— (i) a surrender report in accordance with paragraph 4(1)(a) and (b) of Schedule 4; or (ii) a revocation report in accordance with paragraph 5(1)(a) and (b) of Schedule 4; (b) an operator has failed to satisfy the regulator as required pursuant to paragraph 2(3)(c) of Schedule 4 or paragraph 3(8)(c) of Schedule 5; or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the regulator considers that such a determination is necessary for the purpose of imposing, or considering whether to impose, a penalty under Part 7. (2) In the case referred to in paragraph (1)(b), in making the determination the regulator may substitute an emissions factor of greater than zero for the factor reported in respect of the bioliquids concerned. (3) The regulator may make a determination of emissions where— (a) the operator has failed to submit a report as required pursuant to paragraph 3(8)(b) of Schedule 5; or (b) the regulator has reason to believe that the report submitted is incorrect. (4) A determination of emissions— (a) must be notified to the operator ... concerned; and (b) except where paragraph (5B) applies to that determination, is to be treated as determining all of the reportable emissions from the installation ... for the period to which the determination relates. (5) A notice under paragraph (4) or under paragraph (5C)(a) — (a) except where it relates to an Article 27 installation, must be served on the registry administrator (and is in that case to be regarded as an instruction to the registry administrator for the purposes of Article 31(6) of the Registries Regulation 2019 ); and (b) must, where required by Article 70(2) of the Monitoring and Reporting Regulation 2018 , specify the corrections that are required to the verified report mentioned ... in paragraph 2(3)(b) of Schedule 4. (5A) Paragraph (5B) applies where – (a) a determination of emissions has been notified to the operator ... under paragraph (4); and (b) the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination. (5B) The regulator must withdraw the determination and make a further determination of emissions (the “rectified determination”). (5C) A rectified determination— (a) must be notified to the operator ... concerned; and (b) is to be treated as determining all of the reportable emissions from the installation ... for the period to which the determination relates. (5D) Where— (a) any rectified determination is notified to the operator ... concerned; and (b) the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination, the regulator must withdraw the rectified determination and make one or more further rectified determinations. (6) A regulator who makes a determination of emissions under the Monitoring and Reporting Regulation 2018 , or by virtue of this regulation, may recover the cost of doing so from the operator ... concerned.