Skip over navigation|
Join us on Facebook!
||
|
You are here: Home >  |Environment & Planning| >  Pollution| >  Pollution control - Part B authorisation|
 

Pollution control - Part B authorisation

||
The new Integrated Pollution Prevention and Control Regime.

Your Rights and the Law

Integrated Pollution Prevention and Control

The legislation covering the control and regulation of prescribed processes is currently in the process of major change with the introduction of the new IPPC regime. This new pollution control regulatory regimes introduced under the Pollution Prevention and Control Act 1999 (PPC Act). Local authorities are the regulators for the new regimes, known as:

There is a parallel system – Integrated Pollution Prevention and Control (IPPC), which covers installations known as A1 installations (referred to as A(1) in the PPC Regulations) – the Environment Agency regulates these installations (the Environment Agency (EA)). There is guidance which specifically deals with the regulation of A1 installations in "Integrated Pollution Prevention and Control, A Practical Guide", which is available on the Environment Agency's website or alternatively from the Defra website.

All three systems require the operators of specified industrial and other installations to obtain a permit to operate. An application must be made and the regulator then decides whether to issue or refuse a permit. If a permit is issued, it will include conditions aimed at reducing and preventing pollution.

Together, the three systems will gradually replace the pollution control regime set up under Part I of the Environmental Protection Act 1990 (EPA 1990), The Environmental Protection Act 1990 (Part I). This will be completed by 2007. The IPPC and LA-IPPC systems are the means by which the Government has implemented the EU Integrated Pollution Prevention and Control Directive (96/61/EC) (IPPC Directive).

The detailed legal requirements for installations covered by LA-IPPC and LAPPC are contained in the Pollution Prevention and Control (England and Wales) Regulations 2000, as amended (see Annex I). These are referred to as the PPC Regulations. The Pollution Prevention and Control Regulations (England and Wales) 2000, (As Amended)


What is LA-IPPC?

The system of Local Authority Integrated Pollution Prevention and Control (LA-IPPC) applies an integrated environmental approach to the regulation of certain industrial activities (A2 installations). It involves determining the appropriate controls for industry to protect the environment through a single permitting process. This means that emissions to air, water (including discharges to sewer) and land, plus a range of other activities with an environmental impact, must be considered together. It also means that local authorities must set permit conditions so as to achieve a high level of protection for the environment as a whole. These conditions must be based on the use of the "Best Available Techniques" (BAT), which balances the costs to the operator against the benefits to the environment.

The primary aim of the EU IPPC Directive is to ensure a high level of environmental protection and so LA-IPPC aims to prevent emissions and waste production and where that is not practicable, reduce them to acceptable levels. Local authorities will be enforcing LA-IPPC to protect the environment as a whole, promote the use of clean technology, minimise waste at source, encourage innovation by leaving significant responsibility for developing satisfactory solutions to environmental issues with industry operators and to provide a one stop shop for administering permits. LAIPPC also takes the integrated approach beyond the initial task of permitting, including compliance monitoring, permit reviews, variations, transfers, through to the restoration of sites when industrial activities cease.

Installations regulated under LA-IPPC are largely those whose air emissions have been regulated by local authorities under Part I of the Environmental Protection Act 1990 (EPA 1990) and which come within the scope of the IPPC directive. LA-IPPC applied from 31st October 2000, to new installations and existing installations undergoing substantial changes and will apply over a phased timetable to all existing installations.

What is LAPPC?

The installations regulated under LAPPC (Part B installations) are those whose air emissions have been regulated by local authorities under the EPA 1990 which do not come under the scope of the IPPC directive. These will remain subject to air-only regulation.

The transfer into the LAPPC regime from EPA 1990 will in most cases be essentially an administrative one and will not involve payment of new application fees. The transfer will take place over a phased timetable. There will be some differences from the EPA 1990 regime. For example, the PPC procedures, such as for variation notices, are a little different, the meaning of 'installation' is different to 'process' and the definition of 'substantial change' is not quite the same.

Planning and Pollution Control

Most new industrial developments require planning permission; certain types of development will also need to carry out an environmental impact assessment as part of the planning procedure. The public have a right to comment on planning applications which are advertised in the local press and copies placed on the local planning register. The planning authority, while not primarily concerned with potentially polluting emissions, will take into account the overall effect of the proposed development on the area.

What is a Permit?

This is the company's "licence to operate". To obtain an Permit for a process, applicants must demonstrate that the "Best Available Techniques" (BAT) will be used to prevent, minimise or render harmless polluting releases. BAT covers all aspects of the way in which a process is operated, including design, emission standards, staff training and qualifications, and working methods. Where it is felt that the cost of the 'best technique' outweighs the environmental benefit this can be taken into account. New processes must meet BAT immediately; for existing processes there is usually a requirement to upgrade to meet BAT over an agreed period (depending on the process), or close down.

Granting a Permit

Applications for new processes will normally be assessed within four months. In considering whether to grant an authorisation, the enforcing authority will take into account representations received from the general public and other statutory consultees (see also statutory consultees). A Permit will not be granted unless the enforcing authority is convinced that the process operator can meet the terms of the Permit and any conditions attached to it.

If granted, the Permit and conditions attached to it will include operational details, emission limits, monitoring and sampling requirements. A Permit for existing processes usually includes an improvement programme to meet BAT all requirements. All Permits should also achieve the standards required under other relevant legislation, e.g. nuisance provisions of the EPA 1990 and the Clean Air Acts. This is because once a Permit has been granted; local authorities cannot take action against the process operator for nuisance (other than noise) or dark smoke offences under the legislation. Conditions should therefore be attached to Permits to ensure that these points are covered. Copies of all Permits and any conditions attached to them will be put on the relevant public registers.

Statutory Consultees

Local authority must send copies of the application to various statutory consultees, there are different statutory consultees for LA-IPPC and LAPPC. The Local authority should not, however, provide information which is protected on grounds of national security or commercial confidentiality to some statutory consultees.

For both A2 and B installations once statutory consultees have been notified of an application, they have 28 days to make representations. Statutory consultees should provide the local authority with any advice they think would help it to determine the application and to set any permit conditions where appropriate. The local authority must take account of statutory consultees' advice. They may advise on, for example:

  1. The sensitivity of a particular part of the environment;
  2. Other local issues, including previous experience of the applicant;
  3. Requirements imposed by other regulatory regimes which may affect the LA-IPPC or LAPPC determination;
  4. Specific effects of the proposal, such as the possible effects of releases on health;
  5. Water consent issues;
  6. Land contamination issues.

Updating Registers

Public registers carry details of changes to Permits or applications for changes, enforcement and prohibition notices, monitoring data and convictions for contravention of Permits. Where information is omitted on the basis of commercial confidentiality or national security, a note to this effect will be put on the register. Where the information omitted relates to monitoring data, a note must be appended confirming or otherwise compliance with emission limits.

Complaints

Complaints about any process or installation should in the first instance be made to the operator. If no satisfactory solution can be reached, the regulator should be contacted. Permits will normally be reviewed every four years with a view to upgrading in line with technological developments. However where new information becomes available about the harmful effects of a pollutant or complaints about a process are felt to result from older standards in operation, the Permit will be reviewed earlier.

If You Are Concerned about a proposed industrial development or existing industry

Ask your local Environmental Health department if a Permit is required. If it is, has it been submitted? Check the public register - check the deadline for comments.

Does the development require planning permission? If so, has a planning application been submitted yet? Check with the planning department who can give you the relevant details and the deadline for comments - make sure you put your objections in writing before the deadline.

Does the development also require an environmental assessment? Check with the planning department at your local council.

If there is to be a public enquiry, check when and where it is - you are entitled to attend.

If yes, check the public register to see if there are recorded instances of non-compliance with emission limits. If not and you are still concerned, contact the enforcing authority - the EA or if the problem relates to an IPPC A(1) process; the local authority if the problem relates to a LA-IPPC A(2) or LAPPC process.

If there is no Permit, check when this is due; register your concerns about the factory with the Environmental Health who may be able to take action under other legislation - e.g. Clean Air Acts, nuisance legislation. This also applies for those processes not requiring authorisation under the EPA.

For further information about the above please contact the Environment Agency.

Application Forms for Operators

PrinterPrint this page | 
E-mailE-mail this page

Useful Links

Defra Air Quality| 
Environmental Protection UK| 
The Environmental Protection Act 1990 (Part I)|  introduced controls aimed at limiting and preventing pollution from a wide range of industries in Great Britain - from power stations, oil refineries and municipal and clinical waste incinerators, to respraying of road vehicles, maggot breeding and crematoria.