POLLUTION PREVENTION AND CONTROL ACT 1999

POLLUTION PREVENTION AND CONTROL (ENGLAND & WALES) REGULATIONS 2000 (AS AMENDED)

GUIDANCE NOTES FOR THE COMPLETION OF APPLICATION FORMS

FOR A PERMIT TO OPERATE A PART B INSTALLATION These notes have been prepared to give general guidance and not all aspects are applicable to

every category of activity. You should, therefore, contact the Pollution Control Section of the

Public Protection Department of Bridgend County Borough Council on the above telephone

number for any queries specific to your application. BACKGROUND

The Pollution Prevention & Control Act 1999 introduced a new pollution control regulatory

regime for controlling pollution from certain industrial activities. This regime implements the

European Directive (EC/96/61) on integrated pollution prevention and control (IPPC) and

introduces the concept of Best Available Techniques (BAT). Operators must use BAT to control pollution from their industrial activities. The aim of BAT is to prevent, and where that is not practicable, to reduce to acceptable levels pollution to air, land and water from certain activities prescribed under Schedule 1 of the Pollution Prevention &

Control (England & Wales) Regulations 2000 (the “PPC Regulations”) which were made under the Act. The PPC Regulations have now replaced the pollution control regime established under

Part I of the Environmental Protection Act 1990. This transitional process was completed by March 2007. THE PPC REGULATIONS

The PPC 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 local authorities;

and, Local Authority Pollution Prevention and Control (LAPPC), which covers installations

known as Part B installations, also regulated by local authorities.

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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 or refuse a permit. If one is issued, it will include conditions aimed at

pollution to achieve acceptable levels. An installation is a “technical unit” where one or more industrial activities listed in Schedule 1

of the PPC 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.

Since 31st

October 2000 any new installations which operate activities prescribed under

Schedule 1 of the PPC Regulations are required to apply for a permit. Existing installations were required to apply for a PPC permit over a phased timetable prescribed by Schedule 2 of the Regulations until 2007. PART B INSTALLATIONS

This guidance note is for the completion of application forms relating to a Part B installation

only. Part B installations regulated under LAPPC do not come under the scope of the IPPC

directive. The Local Authority, as the Regulator, will still set permit conditions which are based

on BAT, however, these conditions apply only to emissions to air. Under Regulation 10 of the PPC Regulations, all prescribed activities listed in Schedule 1 must have a permit in order to operate existing or new installations. The Local Authority will issue permits for all Part B installations and will contain specific conditions that are binding in law, together with an additional duty to ensure BAT is used in relation to any aspect of the installation. Each type of activity listed in Schedule 1 of the PPC Regulations has its own specific guidance note produced by the Secretary of State and these notes form the basis of the conditions of the permit (see Appendix A). It is strongly recommended that you obtain a copy of the specific guidance notes that relate to the activities operated in your installation. It is also recommended that you obtain a copy of the Secretary of State‟s General Guidance Manual on Policy and Procedures for A2 and Part B installations which gives detailed guidance as to the steps you will need to take in order to obtain and comply with the permit. However, a brief outline of the necessary requirements together with your duties regarding the advertising of the application is given below, with more detailed instructions on pages 3-8. INFORMATION REQUIRED IN SUMMARY OF APPLICATIONS

All applications must be submitted in writing and the applicant must supply 3 copies. Each copy

must be signed and dated on the Company's behalf. The information applicants are required to

submit can be listed under 7 main headings:- 1. Details about the operator and location of the installation (including a site location plan). 2. A description of the activities carried out at the installation (including a flow chart of the

process) and of the techniques employed (or to be employed) to prevent/minimise/

render harmless emissions to the air. 3. A list of substances used in the activities carried out at the installation.

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4. Details of the source, nature and amount of current and anticipated air emissions from

the installation. 5. Proposals for monitoring, sampling and measurement of air emissions. 6. An assessment of the likely effects of any emissions to the air on the environment 7. Any additional information relating to the installation or operator which the applicant may

wish the Regulator take into account when considering the application. Applicants should also ensure that the information they provide under these headings includes

evidence that the process in question will be operated in accordance with BAT (Best Available

Techniques) in order to comply with any limits or quality standards (Pollution Prevention &

Control (England & Wales) Regulations, Regulation 12(b)). MAKING AN APPLICATION

It is important that adequate information, in addition to the appropriate fee, is provided in the

application as it may otherwise be refused. The enclosed application form should be completed in full and any supporting documents

required in these guidance notes attached as annexes information should be presented in the

order requested for ease of processing. Guidance on each of the application form Sections is given below:-

1. OPERATOR AND INSTALLATION DETAILS

This should include:-

(a) The name and address of the person or company seeking a permit to operate

the activity. If the applicant is a limited company, the registered number and

registered office must be given.

The name of person/company who will operate the installation must be entered

on the application not for example the person or consultant who is writing the

application on the operator's behalf.

(b) The address of the site or the installation where the activity is or will be carried

on. This should include an address for correspondence if different from the

address of the installation.

(c) A map or plan showing the location of the installation where the activity is or

will be carried on together with an Ordanance Survey grid reference number. If

only part of that installation is to be used for carrying on the activity, a plan or

other means of identifying that part.

(d) Name of the Local Authority in whose area the activity will be operated or Local

Authority area in which the operator has his principal place of business in the

case of an activity involving mobile plant.

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2. A DESCRIPTION OF THE INSTALLATION OR MOBILE PLANT AND TECHNIQUES

TO PREVENT/MINIMISE/RENDER HARMLESS EMISSIONS TO AIR

The application should include a description of the installation or mobile plant, the

activities listed in Part 1 of Schedule 1 of the Regulations to be carried out at the

installation and any other directly associated activities to be carried out on the same site

of the installation which will have a technical connection with those listed activities and

which could have an effect on pollution.

The application should be sufficiently detailed to allow the regulator to examine all stages of the installation from the receipt of raw materials to the despatch of waste and finished products. There should be a description (and where appropriate drawings) not only of the physical characteristics of the activities carried out at the installation including the proposed height and location of any stacks or vents and the abatement technology, also details of how the activity is to be operated. This might include a description of the fuel

and raw materials to be used, whether the activity is a continuous or batch process, the maximum production capacity, the arrangements of storing raw materials and waste, the proposed levels of maintenance, the extent of staff supervision, the qualifications of the workforce and the contingency arrangements for breakdown. The description should also include supporting explanatory material - in particular the calculations behind the proposed chimney height and any reasons for selecting a pollution abatement option.

The description should also identify potential sources of atmospheric emissions together

with the proposed techniques for achieving BAT and compliance with emission limits and

quality standards.

A set of process diagrams and a plan of the plant should normally form part of the

application. This is particularly important for more complex installations. 3. A LIST OF SUBSTANCES USED IN THE ACTIVITY

This should contain details of all substances used from receipt of raw materials through

the activity to any waste treatments, etc. Concentrations and quantities should also be

specified. 4. DETAILS OF THE SOURCE, NATURE AND AMOUNT

OF EMISSIONS TO AIR FROM THE ACTIVITY

This may be contained within the general activity description. Details should be given of

all contained and uncontained emission sources. 5. PROPOSALS FOR MONITORING, SAMPLING

AND MEASUREMENT OF EMISSIONS TO AIR

Details should be given of any proposed releases of substances into the air. Applicants

should put forward proposals as to which emissions will be monitored and how and when

this will be done. Details of existing and proposed monitoring techniques, including

frequency of monitoring, should be included. Page 4 of 15

6. ASSESSMENT OF THE LIKELY EFFECT OF

EMISSIONS TO AIR ON THE ENVIRONMENT

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 include:-

(a) Where there are a number of alternative means of minimising air emissions,

each having a different environmental impact.

(b) Where the applicant proposes to depart significantly from the advice contained

in the Secretary of State's Process Guidance Notes.

(c) Where a process is or will be located in or near to a sensitive environmental

area, e.g., Town Centre or Site of Special Scientific Interest (SSSI).

(d) Where an installation is or will be located in an area with already high air

pollution levels and where levels may approach or exceed a statutory air quality

standard. In this case the applicant should assess the effect of any additional

emissions and specify what additional measures are to be taken to render

emissions harmless.

Applicants should in particular aim to demonstrate that their proposal achieves the BAT

objective to comply with any limits or air quality standards.

The environmental assessment/appraisal need only consider effects of air emissions on

the environment (not releases of water and waste) and would not normally need to be an

extensive document. 7. ADDITIONAL INFORMATION

This comprises any further information the applicant feels the Regulator should take into

account when considering the application and evidence that the relevant Planning

permissions have been obtained to carry out the specified activity at the installation. In

the case of an application for a permit will authorise the carrying out of a specified waste

management activity at an installation or by means of mobile plant, evidence to support

that the applicant is a „fit and proper‟ person to carry out that activity must be included. FEES AND CHARGES

All applications must be accompanied by the relevant application fee. There is an initial

application fee, an annual subsistence fee and a fee for a substantial change to the activity;

these fees are detailed in Appendix B accompanying this guidance. ADVERTISEMENTS

All applications (apart from waste oil burners of less than 0.4MW, dry cleaners and unloading of

petrol at a service station) must be advertised by the applicant for at least one week in one or

more newspapers circulating in the locality of the proposed installation. For mobile plant the

locality is that in which the operator has his principal place of business. The advert must be

placed within a period of 28 days beginning 14 days after the date on which the application was

duly made. Page 5 of 15

The operator must send the Council a copy of the advertisement and a certificate stating where

and when it was published no later than ten days from the date the advertisement appeared in

the Press. Failure to comply with the advertising requirements will invalidate the application.

The advert must contain the following:-

(a) Name of applicant. (b) Address of installation where activities will be carried on. (c) Brief description of the nature of the installation. (d) Address where, and times when the application may be inspected. This must include a

statement that members of the public have a right to inspect registers free of charge. The

address and time for such register inspection must be decided by the Regulators. (e) Statements to the effect that written representations concerning the application may be

made to the Regulators and that those received by the Bridgend County Borough

Council within 28 days following the publication of the first notice, will be taken into

consideration in deciding the application. (f) Address to which representation should be sent. (g) Date on which the notice was first published.

A specimen of the required advertisement format is attached as Appendix C.

COMMERCIALLY CONFIDENTIAL INFORMATION

The applicant may apply to the Regulator at any time of application for a permit for certain

confidential information to be kept from the public register. Commercially confidential

information is that which would prejudice to an unreasonable degree a person's commercial

interests, but not information which might damage an operator's reputation. CONTENTS OF REGISTERS

The register, which is available for public inspection and held at the Civic Offices, Angel Street,

Bridgend free of charge, will contain the following information:- (a) The application. (b) Any notices served. (c) Comments of consultees. (d) Advertisements and responses from any members of the public (unless requested not to

by the person responding in which case a statement to this effect will be made whilst

maintaining the anonymity of the representor).

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(e) A copy of the permit. (f) Details of variations, transfer or surrender of permits. (g) Notices of appeals and determinations. (h) Revocations. (i) Details of convictions, a formal cautions. (j) Details of monitoring data. (k) Any Secretary of State's directions. (l) Published reports relating to environmental consequences of operating the prescribed

activity. (m) Environment Agency register entries for the Local Authority area. (n) If confidential information is withheld, a statement of compliance with requirements.

Information remains on the public register for 4 years.

VARIATION OF PERMITS

An operator can at any time notify the Regulator at a request to make a relevant change or

apply for the conditions of his Permit to be varied in order to accommodate a relevant change to

an installation. Cases of substantial change will be subject to the same advertisement

arrangements as for new applications. TIMETABLE FOR DECISIONS ON PERMITS

Operators may appeal against non determination of the application if no decision has been

issued within four months of the application being received by the Regulator (the application will

only be considered as received if it has been duly made, i.e. it contains all necessary

information and the appropriate fee). This decision period is reduced to two weeks for waste oil

burners of less than 0.4mw net rated thermal input. OFFENCES

Offences committed against any of the requirements of the Pollution Prevention and Control

Regulations are punishable, or summary conviction, by a fine up to £20,000 and/or up to 6

months imprisonment. Conviction in the Crown Court may lead to an unlimited fine and/or to

imprisonment for up to 5 years. APPEALS

An operator may appeal to the Secretary of State for the following reasons:- (a) refusal of an application (b) refusal of an application to vary the Permit (c) the service of a revocation, enforcement or suspension notice (d) determination that information is not commercially confidential

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(e) refusal of an application to transfer or surrender a Permit (f) the service of a variation notice on the Local Authority's initiative Further information can be found in the PPC Regulations (regulation 28 and schedule 8)

The Environment Agency Local Authority Unit (LAU) also operate a Local Air Pollution

Prevention Control (LAPPC) information and briefing web-site on behalf of the Department of

the Environment, Food and the Rural Affairs (DEFRA) .