Industrial Air Pollution Control
Some specified industrial processes need to be licensed, in order to
ensure that process emissions (air, water, land, noise and heat) are
controlled to an acceptable level, prior to being released by into the
local environment.
Schedule 1 of The Environmental Protection (Prescribed Processes and
Substances) Regulations 1991 (as amended) and Schedule 1 of the
Pollution Prevention & Control Regulations (England & Wales) 2000
contain details of activities, installation and mobile plant that
require authorisation/permits to operate. These are known as prescribed
processes.
Part I of the Environmental Protection Act 1990 established two
pollution control systems: local air pollution control (LAPC) system
enforced by local authorities in England and Wales and by the Scottish
Environment Protection Agency in Scotland (referred to as "local
enforcing authorities"), and an integrated pollution control (IPC)
system enforced by The Environment Agency in England and Wales and the
Scottish Environment Protection Agency in Scotland.
Part I of the Environmental Protection Act 1990 is progressively being
replaced by regulations under the Pollution Prevention and Control (PPC)
Act 1999. This Act and the Pollution Prevention and Control Regulations
2000, SI 1973 transpose into domestic law the European Union Directive
96/61 on integrated pollution prevention and control (IPPC).
The regulations also enable improvements to be made in pollution control
generally and provide a single coherent regulatory framework for IPPC
and LAPC, rather than having two frameworks with similar but subtly
different terminology. They will extend integrated control - covering
releases to air, water and land - to some 6,000 installations, compared
to the 2,000 regulated under the IPC regime.
The extra installations include around 1,000 currently regulated under
the LAPC regime but for which local authorities will retain regulatory
responsibility - so-called Part A2 activities (Local Authority
Integrated Pollution Prevention and Control - LA IPPC). The LAPC regime
will also be replaced by Local Air Pollution Prevention and Control (LAPPC),
which is similar to IPPC in procedures but will still regulate emissions
to air only.
Explanation of Terms
LAPC
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Part B processes currently
regulated under the Environmental
Protection Act 1990 |
| IPC |
Part A processes currently
regulated under the Environmental
Protection Act 1990 |
| 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 |
| PPC |
The PPC system established under the Pollution
Prevention and Control Act 1999 and comprising A1 and A2
activities/installations subject to integrated control, and Part B
activities/installations subject to air pollution control |
| LA-IPPC |
Part A2 activities/installations which are subject
to local authority regulated IPPC |
| LAPPC |
Part B activities/installations which will be
subject to local authority PPC air pollution control over a
transitional period starting in April 2002 |
Prescribed processes designated for local control must not be
operated without an authorisation/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
authorisation to the local enforcing authority. This should include details
of the potential emission from the proposed process. The following
information must be included in an application for an authorisation/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.
All applications for authorisation (except in relation to small waste
oil burners, petrol stations and mobile plant) must be advertised
locally and full details (except information that is commercially
confidential or would prejudice national security) must be made
available so that the public can comment before the process is
authorised to start operation or to undergo a substantial change.
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 Not Entailing Excessive
Cost (BATNEEC) 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 an authorisation, all
authorisations implicitly impose a duty on the operator to use BATNEEC
for any aspect of the process that is not covered by the specific
conditions. This is the so-called 'residual' BATNEEC duty.
Local authorities hold a public registers containing details of all IPC/IPPC
and LA-PC/LA-PPC processes in its area. These must include details of
applications, authorisations, notices, directions issued by the
Secretary of State, appeal decisions, monitoring data, etc. Information
is to be kept from the register only on grounds of national security or
commercial confidentiality.
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. Barnsley MBC currently has approximately 100 processes authorised under
the legislation.
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