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Pollution Control - Part B Authorisation

Description 

Background

Pollution from industrial installations in England and Wales has been controlled to some extent for over 150 years. The Environmental Permitting (England and Wales) Regulations 2007 (the 'EP Regulations') were introduced under the Pollution Prevention and Control Act 1999 and build on existing systems.   

The Environmental Permitting (England and Wales) Regulations 2007

The EP Regulations introduce three seperate, but linked systems of pollution control:

  • Integrated Pollution Prevention and Control (IPPC), which covers installations known as A(1) installations, which are regulated by the Environment Agency;

  • Local Authority Integrated Pollution Prevention and Control (LA-IPPC) which covers installations known as A(2) installations, which are regulated by Local Authorities;

  • and, Local Authority Pollution Prevention and Control (LAPPC), which covers installations known as Part B installations, also regulated by Local Authorities.

    All three systems require the operators of certain industrial and other installations to obtain a permit to operate. Once an aperator has submitted a permit application, the regulator then decides whether to issue a permit. If one is issued, it will include conditions aimed at reducing and preventing pollution to acceptable levels. A(1) installations are generally perceived to have a greater to potential to pollutethe environment than an A(2) installation, and Part B installations would have the least potential to pollute.

    An installation is a 'technical unit' where one or more industrial activities listed in Schedule 1 of the EP Regulations are carried out. The Regulations also specify that an installation is any other location on the same site where directly associated activites that have a technical connection to the listed activity, which could have an effect on pollution are carried out. The activities are broadly divided into the relevant industrial sectors and categorised as Part A(1), A(2) or B activities. An installation can also comprise of where several listed activities from different parts of Schedule 1 are carried out in an installation, the installation will be permitted according to the 'highest common denominator' i.e. if Part A(1), A(2) and B activities were carried out at an installation, it would be permitted as an A(1) installation and therefore by the Environment Agency. If Part A(2) and Part B activities were carried out at an installation, it would be permitted as an A(2) installation and be regulated by the Local Authority. 

    Part A(1) and A(2) installations

    The IPPC and LA-IPPC systems apply an integrated environmental approach to the regulation of certain industrial activities and are the means by which the Government has implemented the European Community Directive on Integrated Pollution Prevention and Control (96/61/EC) (IPPC Directive). The primary aim of the IPPC Directive is to ensure a high level of environmental protection and to prevent and where that is not practicable, to reduce emissions to acceptable levels. Seperate legislative provisions are in place to implement the IPPC Directive in Scotland, Northern Ireland and the offshore oil and gas industries.

    Regulators must set permit conditions which are based on the use of the 'Best Available Techniques' (BAT), which balances the cost to the operator against the benefits to the environment. Regulators are required to set permit conditions for pollution to air, land and water. The EP Regulations also include provisions relating to energy efficiency, site restoration, noise, odour, waste minimisation, accident prevention and heat and vibration. The EP Regulations also apply to a wider range of activities, including food and drink manufacturers, large-scale intensive livestock production (pigs and poultry) and landfill.

    Any new installation are required to apply for a permit. 

    Part B installations

    Part B installations regulated under LAPPC, do not come under the scope of the IPPC directive. As with A(1) and A(2) installations, Regulators must set permit conditions which are based on the use of 'Best Available Techniques' (BAT). However, these conditions extend only to emissions to air. The transfer into the LAPPC regime from the previous regime (EPA 1990) will, in most cases, essentially be an administrative one.   

    Explanation of terms

    EP The Environmental Permitting (England and Wales) Regulations 2007 (the 'EP Regulations')

    IPPC

    The Integrated Pollution Prevention and Control system established under the Pollution Prevention and Control Act 1999 and comprising Part A1 and A2 activities/installations

    LA-IPPC

    Part A2 activities/installations which are subject to local authority regulated IPPC

    LAPPC

     

    Part B activities/installations which are subject to local authority PPC air pollution control over a transitional period starting in April 2002

     

    Main features of the local air pollution control system 

    The main features of LAPPC are as follows: 

    • prescribed processes designated for local control must not be operated without a permit from the local enforcing authority in whose area they are located. Mobile plant must be authorised by the local enforcing authority in whose area the operator has his principal place of business.

    • operators of prescribed processes must submit a detailed application for a permit to the local enforcing authority.

    • local authorities are statutorily obliged to include conditions in any authorisation they issue which are designed to ensure that the process is operated using the Best Available Techniques (BAT) to prevent and minimise emissions of prescribed substances and to render harmless any substance that may be emitted.

    • in addition to any specific conditions included in a permit, all permits impose a duty on the operator to use BAT.

    • Secretary of State Process Guidance Notes (PGs) on all the main categories of prescibed processes have been issued to every local enforcing authority. These Notes contain the Secretary of State's views on what is BAT for each category of process. They are likely to be of interest to operators of prescribed processes as well as to local authorities.

    • Process guidance Notes are published by HMSO (now the Stationery Office). These are intended to cover all the main categories of process prescribed for local air pollution control. These notes are reviewed on a prgrammed basis.

    • operators can appeal against refusal of an application, against the conditions included in a permit, and against the various forms of notice that may be served by a local enforcing authority. Appeals will not put notices into abeyance, except in the case of revocation notices.

    • local authorities can issue notices to ensure that appropriate standards of control are met, and raised in line with new techniques and new awareness of environmental risk. Prohibition notices are a mechanism for stopping a process if there is an imminent risk of serious pollution of the environment.

    • local authorities hold a public register containing details of all permitted processes in its area. These must include details of applications, authorisations, notices, directions issued by the Secretary of State, appeal decisions, monitoring data, etc. The information on A1 processes will be supplied to local authorities by the national Agencies (Environment Agency or Scottish Environment Protection Agency), as appropriate. Information is to be kept from the register only on grounds of national security or commercial confidentiality.

    • local authorities must levy fees and charges in accordance with a scheme prescribed by the Secretary of State. The scheme is reviewed annually.

    • local authorities have powers of entry, inspection, sampling, investigation, and seizure of articles or substances which are a cause of imminent danger of serious harm  

    Eligibility 

    This services is available to everyone. Information on the processes permitted under the Pollution Prevention & Control Act 1999 are contained in a public register that is available for inspection, free of charge. Please contact Regulatory Services (Tel 01226 772468) to arrange a viewing.

    Procedure

    Application forms and guidance on the legislation are available from Regulatory Services on (01226 772468).

    The operator should complete the form and return it to the local authority in which their process is located.

    Once the completed form has been received, the local authority has 14 days in which to determine whether the application is duly made (has the applicant supplied sufficient information).

    Any comments made by the statutory consultees/members of the public must be taken into account as part of the application determination process.

    The local authority has up to 4 months in which to determine the application (subject to the quantity and quality of the information received). It is therefore essential that applications are submitted at the earliest opportunity in order to ensure that there are no unforeseen delays. The conditions contained within the permit issued are derived from the relevant Secretary of States Process/Sector Guidance Notes and the information contained within the application document.

    The authorisation/permit will be reviewed on a regular basis in order to incorporate any changes to the Secretary of States Process/Sector Guidance Notes.

    The local authority carry out inspections on a programmed risk based basis in order to ensure that the operator is complying with the conditions stipulated within their authorisation/permit.   

    Helplines 

    Further information on the Environmental Protection Act and the Pollution Prevention & Control Act can be obtained by contacting: Regulatory Services, Pollution Control Team: (01226) 772468 e-mail: regulatoryservices@barnsley.gov.uk  

    Charges/Fees 

    Fees and charges for process authorisations/permits are set by DEFRA and are reviewed on an annual basis. Information on the current fees and charges can be obtained by contacting Regulatory Services, Pollution Control Team on 01226 772468. 

    Method of Payments Available 

    Payments can be made in person at any Council cash office by cash or cheque, or via the post by cheque . 

    Opening Times/Locations 

    09.00 - 17.00 Hrs Monday - Thursday
    09.00 - 16.30 Hrs Friday 

    How the customer can help

    Contact pollution control at the earliest opportunity. Provide as much relevant information as is possible  

    Application form references 

    Leaflets 

    Not applicable 

    Distribution Points 

    Not applicable 

    Legislation 

    • Environmental Protection Act 1990
    • Environment Act 1995
    • Environmental Protection (Prescribed Processes and Substances) Regulations 1991 (as amended)
    • Environmental Protection (Applications, Appeals and Registers) Regulations 1991 (as amended)
    • Pollution Prevention and Control Act 1999
    • Environmental Permitting (England and Wales) Regulations 2007
    • Waste Incineration Directive 2000
    • Solvent Emissions Directive 1999
    • Secretary of States Process Guidance Notes
    • Secretary of States Sector Guidance Notes  

    Response Times/Next Steps 

    Not applicable 

    Out of Hours Procedure

    Not applicable

    Owner Officer Contact Details 

    Principal Officer,
    Pollution Control,
    Regulatory Services,
    PO Box 602,
    Barnsley S70 9FB 

    Additional Notes 

    Not applicable 

    Frequently Asked Questions

    Q How does the legislation affect me?

    A Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2007 contains the details of activities, installations and mobile plant that require permits to operate. These are known as presribed processes.

    Operators must obtain the correct permit prior to commencing a scheduled process. The only exception to this rule is in instances where the regulations have been amended to include a new category/amend the threshold. In these circumstances the operator must apply for the relevant authorisation/permit within the timescales assigned by DEFRA.

    It is an offence to operate a prescribed process without the relevant process permit.

    Q What is the procedure for obtaining an permit?

    A The operator should contact Regulatory Services or call into the offices (see contact details) to obtain the correct application form and guidance notes. Once the completed form has been submitted, the local authority has 14 days in which to determine whether the application is duly made (has the applicant supplied sufficient information). Under the regulations the applicant must then advertise the fact that he has applied for an authorisation/permit (further information will be provide in writing to the applicant following the application being duly made). The local authority must also consult with various bodies regarding the application

    The local authority has up to 4 months in which to determine the application. It is therefore essential that applications are submitted at the earliest opportunity in order to ensure that there are no delays.

    Q What information do you require as part of an application for a permit?

    A The following information must be included in an application for an permit: 

    • Applicant details including the registered office and ultimate holding company
    • The installation address where the process is/will be carried out (including a grid reference)
    • A detailed description of the activities carried out at the installation, including identification of any potential emission sources and how these will be controlled
    • A plan showing the location and extent of the installation
    • A plan showing the layout of activities on site and identifying any point emission sources
    • Details of any emission monitoring that has been carried out/is proposed
    • Copies of procedures and polices in relation to the environmental management of installation activities
    • Assessment of the potential significant local environment effects of the foreseeable emissions

    Q How much does it cost to apply for an permit?

    A Please contact us using the contact details provided for details of the fees and charges.

    Q Where can I obtain a copy of the process/sector guidance notes?

    A Copies of the guidance notes can be found on the DEFRA site (click on DEFRA Guidance Notes) for further help or for the guidance notes contact Pollution Control on (01226) 772468.

    Q What types of process require a permit

    A The types of processes covered by the above legislation include quarrying, wood working (above a prescribed threshold), car resprayers (above a prescribed threshold), foundries, ready mix concrete, glass manufacture, processes involving the use of solvents (above a prescribed threshold), rubber processes, opencast coal sites, petrol stations, ceramic processes, dry cleaning processes and waste oil burners to name but a few. For more details on the types of processes covered along with details of any relevant thresholds please contact Regulatory Services on 01226 772468 or alternatively by e mail at regulatoryservices@barnsley.gov.uk 

    Related Links:

     

  • Last modified on 16/9/2008

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