Pollution Prevention And Control Regulations 1999

POLLUTION PREVENTION AND CONTROL ACT 1999 POLLUTION PREVENTION AND CONTROL (ENGLAND AND WALES) REGULATIONS 2000 (AS AMENDED) APPLICATION FOR AUTHORISATION

These notes provide information intended to assist those making an application for authorisation.

Contents:

1. Overview of Local Authority Pollution Prevention and Control and Local Authority Integrated Pollution Prevention and Control 2. Content of Application for a Permit 3. Application Procedures 4. Public Register and Public Access to Information

It is recommended that the applicant also reads the Secretary of States Guidance: General Guidance Manual on Policy and Procedures for A2 and B Installations (ISBN: 0-85521-028-1). Copies are available from Defra Publications, Admail 6000, London, SW1A 2XX; Tel: 08459 556000 or via the Defra website: http://www.defra.gov.uk/environment/ppc/manual/index.htm

1. Overview of ‘Local Authority Pollution Prevention and Control’ and ‘Local Authority Integrated Pollution Prevention and Control’

The EU Integrated Pollution Prevention and Control Directive (96/61/EC) has been implemented into UK Legislation under the Pollution Prevention and Control Act 1999. The new regime will gradually replace the current ‘Local Air Pollution Control’ regime under the Environmental Protection Act 1990, Part 1.

The new regime is divided into three:

 Part A1 installations/mobile plant – Integrated Pollution Prevention and Control (IPPC) regulated by the Environment Agency.  Part A2 installations/mobile plant – Local Authority Integrated Pollution Prevention and Control (LA-IPPC) regulated by Local Authorities.  Part B installations/mobile plant – Local Authority Pollution Prevention and Control (LAPPC) regulated by Local Authorities.

These guidance notes apply to applications made to Local Authorities.

All three systems require the operators of certain types of industrial installations or mobile plant to obtain a ‘permit’ to operate. An application must be made for which a fee is required. The regulator then decides whether to issue or refuse a permit. A permit would contain conditions aimed at reducing and preventing pollution and ensure that the process is carried out in accordance with BAT (Best Available Techniques). Guidance on what is BAT is given in the Secretary of States Process Guidance notes (commonly known as PG notes). These notes are revised/updated periodically.

Once the permit is granted the Council will invoice the operator each year for the annual charge known as the ‘subsistence fee’. This is payable in advance for the period 1st April – 31st March (pro rata where appropriate). These fees are set by the Secretary of State for Environment, Food and Rural Affairs. Subsistence charges can be paid in four equal quarterly instalments paid on 1st April, 1st July, 1st October and 1st January. Where paid quarterly the total amount payable to the local authority will be increased by £30.

For the levied fees please see the DEFRA website

2. Content of Application for a Permit

Eastleigh Borough Council will not determine an application until they are satisfied that they have all the information they require to make a decision. Under the Pollution Prevention and Control (England and Wales) Regulations 2000 Regulation 28 (2) Local Authorities are able to seek further information by means of a ‘Request for Information’ notice.

All applications must be in writing. The original and three copies of the application are requested so that one copy may be placed on the public register (see section 4) and others sent to consultees.

Eastleigh Borough Council will need to know the precise nature of the process they are being asked to permit and how the operator proposes to deal with pollution from the installation. The method of presentation of this information may vary but the essential requirement is that the application should be sufficiently detailed to allow the Council to examine all stages of the process, from receipt of raw materials to the despatch of waste and finished products. A set of diagrams should also form part of the application.

The description of the process should include:

(i) physical layout of the process, including the pollution control and abatement technology to prevent, minimise or render harmless emissions to air, for example: grit, dust and fume, arrestment plant, gas absorption and absorption techniques, afterburners, the proposed location, height and diameter of any stacks or vents, and the temperature and efflux velocity of discharged gases.

(ii) operational parameters, for example: a description of the fuel and raw materials to be used, whether the process will be continuous or batch, the current and future maximum production capacity, all potential sources of atmospheric emissions, the arrangements for storing raw materials and waste, the proposed schedule of maintenance of abatement plant and equipment, the extent of staff supervision, training and qualifications of the workforce, and contingency arrangements for process breakdown.

The description should demonstrate that the proposed techniques for controlling emissions, achieving ‘BAT’ and other air quality objectives. Supporting explanatory material should also be included - in particular calculations behind proposed stack heights and reasons for selecting the proposed abatement options.

Information on emissions should encompass the range of anticipated operational conditions and may include: temperature and efflux velocity of the discharge, rate of discharge, and concentrations of pollutants in the discharge.

Under regulation 12(9) of the PPC Regulations, permits will contain specific conditions relating to the emission monitoring requirements, including specifying the measurement methodology, frequency and evaluation procedure, requiring the operator to supply the results of the emissions monitoring and information, without delay, of any incident or accident that is causing or may cause significant pollution. In identifying the main sources of emissions from the process, applicants should also put forward proposals as to which emissions should be monitored etc and how and when this should be done. Monitoring must be carried out by competent persons in accordance with appropriate methods, for example, BS 3405:1983 in the case of particulate emissions. [NB. Safe means of access to stacks must be provided to enable monitoring to be carried out]. Guidance on the types and levels of emissions monitoring required is given in the relevant sector guidance note.

The overall purpose of the Local Air Pollution Control system is to minimise the environmental impact of air emissions from prescribed processes. An appraisal of the environmental benefits and disadvantages of adopting different approaches to controlling emissions should be central to any decisions concerning the design of any prescribed process.

This sort of appraisal is undertaken in producing each of the Secretary of State's Process Guidance Notes (often referred to as PG Notes). It will often, therefore, not be necessary for an application to contain a detailed environmental assessment where the proposals contained in the application are fully in line with the relevant Process Guidance Note.

However, there are circumstances where applicants should include in their applications a justification of their proposal from the point of view of its likely environmental impact. These are, in particular: (i) where there are a number of alternative means of minimising air emissions, each having a different environmental impact.

(ii) where the applicant proposes to depart significantly from the advice contained in the Secretary of State's Process Guidance Notes.

(iii) where a process is, or will be, located in or near to a sensitive environmental area, for example, close to a residential area or upwind of a Site of Special Scientific Interest.

(iv) where a process is, or will be, located in an area with already high air pollution levels, particularly where there is the likelihood of the emissions causing levels to approach or exceed a statutory air quality standard.

3. Application Procedures

The Act requires applications to be advertised and placed on a public register so that statutory consultees and members of the public may have the opportunity to comment on the application, and have their views taken into account. However the following types of installation/mobile plant are not required to advertise: mobile crushing plant, waste oil burners (<0.4MW net rated thermal input) and unloading of petrol at a service station. The advertisement must contain certain information and a copy of the correct format is enclosed. The applicant may also apply for certain information to be withheld from the public register if deemed ‘commercially confidential’ (any information which if included in the public register would prejudice, to an unreasonable degree, the commercial interests of an individual or negate or significantly diminish the commercial advantage they have over a competitor). The onus is on the applicant to provide justification for any information which they do not want included in the public register.

The advertisement must be placed during a 28 day period. This normally begins 14 days after the operator submits the application, to give EBC time to check the application is duly made and place a copy on the public register.

If the application does not comply with the statutory requirements, ie it does not contain vital basic information or the application is not accompanied by the fee then the application may be rejected (ie the application is not ‘duly made’). Any fee enclosed with a rejected application will be returned with the application.

3.1 Determination period

Once an application has been submitted and is ‘duly made’, a timescale for determining the application (ie issuing or refusing the granting of a permit) is laid down. Applicants are therefore advised to make their application in good time before it is intended to operate the process and before starting construction work. Where applicable it is also advised that the operator applies for a permit and planning permission at the same time, because the criteria for determination of each are not the same. Local Authorities are allowed 4 months to determine applications for new processes (2 weeks for small waste oil burners) after being declared as ‘duly made’. Operators may appeal against non-determination of their application within the relevant time period. For existing installations which become prescribed processes due to a change in the law, the determination period will be longer.

4.0 The Public Register and Public Access to Information

The Council is required to keep a public register of prescribed processes. No commercially confidential or national security information is included. The register is available for public inspection at all reasonable times 9ie during normal working hours) and facilities are available for those who want to inspect or take copies of the register. The following documents and information described will be placed on the register:

The application for a permit A copy of any Request for Information notices served Representations from statutory consultees and members of the public following advertisement A copy of the permit A notice of transfer of the permit from one operator to another Variation, enforcement or other formal notices served Details of any appeals Details of any court cases/convictions Monitoring data Other information required to be submitted under the conditions of the permit Published reports relating to the process Directions from the Secretary of State