Article: Pollution control - inspection and regulation of premises - Part A(2) and Part B processes Article Body 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 2010 (the 'EP Regulations') were introduced under the Pollution Prevention and Control Act 1999 and build on existing systems. Legislation The Environmental Permitting (England and Wales) Regulations 2010 The EP Regulations introduce three separate, 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 councils; and, Local Authority Pollution Prevention and Control (LAPPC), which covers installations known as Part B installations, also regulated by councils. All three systems require the operators of certain industrial and other installations to obtain a permit to operate. Once an operator 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 potential to pollute the 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 activities 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. Separate 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 2010 (the 'EP Regulations') The Integrated Pollution Prevention and Control system established under the Pollution Prevention and Control Act 1999 and comprising Part A1 and A2 activities/installations 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 prescribed 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 programmed 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. Contact Information Pollution Control Regulatory Services PO Box 602, Barnsley S70 9FB Our office hours are 8.30am to 5pm, Monday to Thursday and 8.30am to 4.30pm on Friday. Telephone: 01226 772468 E-mail: regulatoryservices@barnsley.gov.uk Frequently Asked Questions How does the legislation affect me? Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010 contains the details of activities, installations and mobile plant that require permits to operate. These are known as prescribed 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. What is the procedure for obtaining a permit? The operator should contact Regulatory Services (see contact details) to obtain the correct application form and guidance notes. Once the completed form has been submitted, the council 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 council must also consult with various bodies regarding the application What information do you require as part of an application for a permit? 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 How much does it cost to apply for a permit? Please contact us using the contact details provided for details of the fees and charges. Where can I obtain a copy of the process/sector guidance notes? 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 Regulatory Services. What types of process require a permit The types of processes covered by the above legislation include quarrying, wood working (above a prescribed threshold), car re-sprayers (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 the details above Related Links: DEFRA Environment Agency