Implementing the Environmental Permitting (England and Wales) Regulations 2010
Local Authorities deliver “Local Air Pollution Control” for Medium Polluting Processes through the Pollution Prevention and Control (PPC) Regime by issuing “Permits” to allow specific processes to operate – many conditions controlling impacts upon local air quality are attached to them. From the early 1990s until 2006, this was achieved by the use of “Authorisations”. Although this work complements other environmental regulatory work conducted by Local Authorities, the use of PPC aims to:
secure specific environmental compliance reflecting European concepts and
positively influence sustainability issues for the benefit of all stakeholders
Bearing in mind other burdens placed upon industry, partnership working is used by Local Authorities to achieve compliance. An informal approach is always the first step used to build relationships with all process operators and stakeholders, hopefully avoiding, at a later stage, the need to use any formal powers against process operators in compliance with Local Authority Enforcement Policies.
As mentioned already, from the early 1990’s, Local Authorities used “Authorisations” for Medium Polluting Processes which implemented health protection standards where processes clearly could make a harmful impact upon local Air Quality. Powers and responsibilities contained within Part One of the Environmental Protection Act 1990 were used. Now, “Permits” are issued under the Pollution Prevention Control Act 1999 which have a more comprehensive effect.
Similar regulation was, and still is, conducted by the Environment Agency who involve themselves with larger manufacturing/production plants. The Agency originally dealt with the premises they are responsible for through the “Integrated Pollution Control” Regime which regulated discharges with the potential to impact adversely to air, land and water.
The regime now delivered in parallel by Local authorities and the Agency was structured after a review of the two previous regimes around five years ago and, now, both regulators work using the same PPC Regime which originated in Europe. The changeover in regulation did not occur as one event but was completed by the end of 2006.
Both previous regimes were complementary where after revision the unified P.P.C. regime still remains so; Local Authorities still dealing with Medium Polluting Processes. Revision has ensured that both the Environment Agency and Local Authorities as regulators can now deal with discharges to land, water and air. The categories of premises regulated now fall into three distinct groups with Group A1 regulated by the Environment Agency and Groups A2 and B regulated by Local Authorities.
There is an extensive list of permitted processes regulated by Oldham Council. Currently, these are restricted to Group B and include:
manufacturing wood products where sawdust is produced in great quantities
incineration
quarrying
concrete batching plants
spraying metal goods using surface coatings
vehicle refinishing
manufacturing vehicle paints
operating mobile demolition crushing plants
working in volume with solvents and printing inks
providing services as petrol filling stations
dry cleaning processes
This work complements other Clean Air and Waste legislation and originated within:
E.C. Directive 84/360 on Air pollution
Department of the Environment Consultation Papers published between 1988 and 1989
recommendations made within the Fifth Report of the Royal Commission on Environmental Protection
The use of “Permits” introduces, as before with “Authorisations”, the concept of “BATNEEC”. This is the obligation upon a process operator to use the “Best Available Technique Not Entailing Excessive Cost” to control environmental discharges which could impact adversely upon the local environment.
Also, all “Permits” and correspondence are available on a public register where from the early 1990’s onwards there has developed a more structured and open policy in public service on environmental issues managed by all regulators.
The use of the P.P.C. Regime is intended to achieve consistency and transparency where, in Oldham, early consultation with process operators and stakeholders who might be affected always occurs.
The new regime now affects a wider range of industrial and agricultural activities where there is a change in emphasis to prevent pollution and only where this is not practicable to adequately reduce emissions to air, water and land from potentially polluting industrial and other installations, “so as to achieve a high level of protection of the environment taken as a whole.”
Conditions controlling the circumstances now take into account:
emission limit values
local environmental conditions, geographical locations and other technical characteristics
consumption of raw materials, energy efficiency, heat, noise, light and vibration and accident prevention.
Implementing good waste management practices to avoid pollution following closure of a site holding a permit.
This last point overlaps comprehensively with Local Authority’s contaminated land duties under Part IIA of the Environmental Protection Act.
To allow the Council to introduce newer developing controls as they gradually affect proprietors of different businesses, officers have recently consulted operators of specific processes including:
all dry cleaning establishments within the Borough
vehicle re - sprayers, now with an annual threshold use of product above 0.5 tonnes per year
surface coating specialists
Local Authorities also have duties to ensure compliance with the Solvent Emission Directive which affects some of the Permitted processes. The purpose of this Directive is to reduce the amount of solvents of volatile organic compounds that are released into the atmosphere. The compounds have the potential to cause cancer, genetic damage and harm unborn children. A long list of processes that have to be controlled is prescribed.
The work complements the P.P.C Regime and Local Authorities' ongoing Environmental Protection work relating to Air Quality.
Although very detailed, the main requirements of the Directive are to meet one of three options which are:
To meet Solvent Emission Limits for waste gases from stacks, vents or abatement plant and for fugitive emissions
To meet a total emission limit; for example – for rubber this is 25 % of the solvent input or
To implement requirements of a solvent emissions programme
The Solvent Emissions Directive affects all those processes covered by the existing Pollution Prevention and Control Regulations of 2000 and some activities currently outside the regulations.
For further information, contact:
Pollution Control
Environmental Services Directorate
Chadderton Town Hall
Middleton Road
Chadderton
Oldham OL9 6PP
Telephone: 0161 770 3447/4502
Fax: 0161 770 3444
E-mail: environmentalhealth@oldham.gov.uk