Regulation of Industrial Air Pollution
The Legislation:
On 6th April 2010
The
Environmental Permitting (England & Wales) Regulations 2010
came into force. They supersede the 2010 Regulations and
require all listed installations to have an environmental permit to
operate. The Regulations now bring together the following
regimes under one permitting system: pollution prevention and
control, waste management, water discharge consents, groundwater
authorisations, radioactive substances, waste exemptions, Mining
Waste and Batteries Directives.
The Regulations cover three categories of process: Part
A1, Part A2 and Part B. Part A1 and A2 sites are regulated
for emissions to air, water and land, while Part B permits
only cover emissions to air. Part A2 and Part B
processes are regulated by the Local Authority. Part A1
processes (such as James Cropper at Burneside, Billerud Beetham,
Heinz at Kendal and Glaxo Smithkline at Ulverston) are
regulated by the Environment Agency.
Part B processes with permits in South Lakeland include:
larger petrol stations, quarries, concrete batching plants, a
lead crystal manufacturer, a timber process, users of small waste
oil burners (usually in garages), spray-coating of vehicles and
mobile crushing and screening plant. A
full list
of SLDC-regulated sites is
available.
As yet there are no Part A2 installations in South
Lakeland.
The Requirements:
All new or substantially changed processes are required to
apply for a permit immediately. Applications forms are
available below.
If starting up a new process, remember there may also be
issues which you should discuss with the
Planning and
Building Control Departments at the District
Council. The Environmental Protection Group is a
consultee for planning applications and will pick
up any applications which may require a Permit at this
stage. We may also request conditions which will help prevent
nuisance (such as noise or odours) being caused by a
process. Applications for new chimneys at
industrial premises will often require a D1 calculation to ensure
their height is sufficient for pollutant dispersal. We
strongly recommend that you contact us to discuss what may be
required prior to submitting a permit or planning application
or commencing operation.
Existing processes falling under the LAPPC regime should all
be permitted already. If you believe you
may be an operator of one of these processes you should
contact the Local Authority to discuss requirements - it
is an offence to operate without a permit.
Some processes may be deemed trivial because of the low levels
of substances emitted, or because they operate below certain
thresholds. These processes may not require a permit, but may
still need 'lighter touch' regulation. These are
covered by exemptions. Most exemptions are registered with
the Environment Agency. However, the Local
Authority registers exemptions for classes T3 (treating waste
metals or alloys by heating to remove greases etc) and T7 (treating
waste bricks, tiles or concrete by crushing, grinding or size
reduction using fixed or mobile plant). The registration
should be with the Local Authority in whose District the activity
will be carried out, or where you have your principal place of
business in the case of mobile plant.
All the relevant application forms can be
download below, or a copy can be requested from the
Environmental
Protection Group, who can also be contacted to discuss
requirements in detail. If you can't see an application
specific to the type of site you operate, please contact us for a
form.
An application fee is required for a new permit and once
permitted an annual subsistence charge is also payable. Fees
are also payable for substantial changes to permits and
transferring the permit to another operator. The fees are set
annually by the Secretary of State to cover the costs of regulation
by the Local Authority. Click here for the
current fees
and charges.
The
Defra website gives details of all processes requiring a permit
under LAPPC.
Process Guidance Notes for all processes can also be found
there. These are a guide to each type of process,
including a description of the process, what is seen
as operational best practice and the type of conditions which
should be included on permits, for use by both the operator and the
regulator.
In addition, information on how current environmental
legislation relates to your business can be found on the
Environment Agency
website,
Netregs or
the
WRAP (Waste &
Resources Action Programme) website.
All permitted sites must undergo regular inspections to ensure
site operation is in compliance with the conditions placed on each
site. The principal aim of these conditions is
to regulate emissions of prescribed (potentially harmful)
substances to air (and in the case of A1 and A2 also to land and
water).
Any complaints about emissions to air from Part B regulated
processes should be directed to the Environmental Protection Group
for investigation. All industries are regulated in line with
our
Enforcement
Policy.
Contact
the Environment Agency
to discuss anything to do with Part A1 installations,
including permitting and complaints. They hold a Public
Register containing information on all Part A1sites, which can
be viewed by appointment at their offices or
online.
A
public register
for all Part B installations is kept at the
Environmental Protection offices at SLDC in
Kendal. The data held on each site is available to
view in the office on request, with photocopies of
non-confidential information made at a charge.
Information can also be provided from the register by this
Group at a charge (currently £90.00).