Environmental permitting regulations
Local Authorities are required to regulate certain types of industries to reduce pollution and in particular improve air quality. The laws include The Pollution Prevention & Control Act 1999 and Environmental Permitting (England and Wales Regulations) 2016 which together govern Integrated Pollution Prevention and Control and Local Authority Pollution Prevention and Control.
Our role in the regime is to issue permits which set controls and emission standards to minimise pollution from certain industrial activities. The Activities which require a permit can be found in Part 2 of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2016. Once a Permit has been issued we routinely inspect the activity, those with a higher pollution potential are inspected more frequently.
The Environmental Permitting (England & Wales) Regulations 2016 has replaced the Pollution Prevention and Control Regulations. There are currently no requirements to amend existing permits issued under the Environmental Permitting Regulations, PPC permits automatically become EP permits without any need to alter the wording on the permit.
DEFRA are currently looking at reviewing the permitting regime again through 'Better Regulation'.
The activities listed in the Environmental Permitting Regulations 2016 are split into three categories namely A1, A2 and Part B activities. Part A1 activities are administered by the Environment Agency and regulate emissions to air, land and water as well as considering issues such as noise, waste and energy efficiency. Part A2 activities are administered by the local authority and consider the same issues. Part B activities are again administered by the local authority but only regulate emissions to the air. Part A1 and A2 processes tend to be the larger more complex type of industrial activities.
Operators of installations like those mentioned above must obtain a permit to operate. An application fee must accompany the application for permit. For the charging scheme please contact our Environmental Protection Team.
Permit applications must include a written description of the way in which pollution is to be minimised. Where a local authority decides to grant an installation a permit, that permit must include conditions stipulating how pollution is to be minimised. Government guidance has been published as to the appropriate pollution standards for various types of installation. The law requires the standards to achieve a balance between protecting the environment and the cost of so doing. The local authority is required to have regard to that guidance.
Operators can appeal where a permit application is refused or where it is granted but the operator disagrees with the conditions.
Once a permit is issued the operator must comply with the conditions.
Local authorities categorise installations according to the risk they represent (high, medium or low risk) based on the potential environmental impact in the event of an incident, and the effectiveness and reliability of the operator.
Where a business fails to comply with the Regulations, local authorities have the power to serve various types of notice and the power to prosecute. Where possible, however, authorities try to work with the operator to resolve problems.
General guidance manual (GGM)
The GGM comprises guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2016.
It is statutory guidance to local authority regulators, which they must have regard to. It aims to guide firms undertaking or planning to undertake relevant activities on their legal obligations. And it is designed to be useful to members of the public interested in industrial pollution control.
Guidance notes for local authority regulated industrial activities
Process and Sector Guidance Notes are specific to particular industrial sectors.
Process Guidance Notes (PG Notes) involve only Part B activities whereas the Sector Guidance Notes (SG Notes) involve only Part A(2) activities.
The additional guidance notes are known as Air Quality Notes (AQ Notes) and are used to provide information on any issue that requires clarification in writing by Defra.
This could be a correction to existing guidance, a reminder of the importance of certain requirements, drawing LA officers' attention to a relevant consultation which they may not have seen, clarifying Best Available Techniques if possible in the event of multiple queries, or merely an update on the latest state of play.
You can apply online via the .GOV website, however, I would recommend that you contact Boston Borough Council's Environmental Health prior to making any application.
Local Authorities are required to maintain a public register containing information on all the processes that are permitted by them under Part B or Part 2A of the regulations. Public registers regarding Part A1 processes permitted by the Environment Agency used to also be kept by the local authority in whose area the permitted process was undertaken. However this is no longer the case and you will need to contact the Environment Agency's regional offices to make an appointment to view the public register. The Environment Agency's general enquiries telephone number is 03708506506.
The register lists details of the operator, the type of process, the date the authorisation was given, the application number and the address of the operator's head office. This register must be made available to members of the public for them to view free of charge. Copies of the documents should also be made available for a reasonable fee.
The public register can be viewed at our offices in West Street, Boston.
|[45kb]||Application for a Part A2||Environmental Permittin Regualtions Part A2 application form|
|[43kb]||Application for a Part B permit||Environmental Permittin Regualtions Part B application form|
|[43kb]||Part A2 Transfer form||Environmental Permittin Regualtions Part A2 transfer form|
|[56kb]||Part A2 Variation form||Environmental Permittin Regualtions Part A2 variation form|
|[31kb]||Part B Application form _Dry Cleaners_||Environmental Permittin Regualtions Part B application form -dry cleaners|
|[70kb]||Part B Application form _Respraying of Road Vehicles_||Environmental Permittin Regualtions Part B application form - vehicle resprayers|
|[37kb]||Part B Application form _Service Station_||Environmental Permittin Regualtions Part B application form - service stations|
|[42kb]||Part B Transfer form||Environmental Permittin Regualtions Part B transfer form|
|[53kb]||Part B Variation form||Environmental Permittin Regualtions Part B variation form|
The documents in this section are in Adobe Acrobat format (pdf). You will need Acrobat Reader to view these files which can be downloaded from the Adobe website free of charge.