Introduction Local Authority Pollution Prevention and Control LAPPC Local Authority Integrated Pollution Prevention and Control LA-IPPC

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1 Local Authority Pollution Prevention and Control Guidance New Part B Installation Operators

2 Introduction The pollution emissions released from industrial processes can affect the environment and quality of the air we breathe. In order to protect air quality industrial emissions need to be controlled. The Pollution Prevention and Control Act (1999) and the accompanying Pollution Prevention and Control Regulations (2000)(as amended) is the legislative framework aimed at protecting the environment from the emissions released from certain industrial activities. The legislation implements the EC Directive (96/61) of Integrated Pollution Prevention and Control (IPPC). The Pollution Prevention and Control regime will replace the existing environmental regulatory regimes of Integrated Pollution Control (IPC) and Local Air pollution Control (LAPC) established under Part I of the Environmental Protection Act 1990 (EPA 1990). This will be completed by In England and Wales three pollution prevention regimes have been established under the Pollution Prevention and Control Regulations (PPC Regulations). Local Authority Pollution Prevention and Control LAPPC This covers industries referred to as Part B installations that are only regulated for emissions to air by the local authority. Local Authority Integrated Pollution Prevention and Control LA-IPPC This covers industries referred to as Part A2 installations. This is a new regime for local authority regulation requiring a multi-media approach to pollution control from industry. This deals with emissions to air, water, land plus a range of other environmental effects such as noise and vibration, energy efficiency, waste and accidents. Certain existing Part B processes, due to their capacity, will have to be reclassified as a Part A2 installation. The local authority will notify you should this affect your process. Integrated Pollution Prevention and Control (IPPC) This is a parallel system that covers larger and more polluting industries known as Part A1 installations. These installations are regulated by the Environment Agency. The PPC Regulations have been amended on several occasions in order to implement other environmental legislation such as the Solvent Emissions Directive that is associated with controlling and reducing emissions of volatile organic compounds in air and water. 1

3 General Principles of LAPPC The LAPPC regime is concerned with preventing, or where that is not practicable, reducing emissions into the air. The London Borough of Camden has a statutory duty to regulate Part B industrial processes Camden in accordance with the PPC Regulation. The types of industrial activities the Council regulates include dry cleaners, vehicle re-sprayers, petrol stations and concrete batching plants. Operators of Part B processes must apply the best available techniques (BAT) at their installations. This considers the best use of technology and the manner in which the installation is designed, built, maintained and operated. There is a strong emphasis on appropriate and effective systems of management of installations to ensure a high level of environmental protection. BAT for each installation are assessed by reference to the relevant Process Guidance published by the Secretary of State. These are the primary technical documents that the local authority refers to when reviewing applications and writing permit conditions. A list of the process guidance applicable to the industrial activities in Camden can be found on the Council website. Operators are required to obtain a Permit in order to operate their activity. A Permit application must be completed and submitted to the London Borough of Camden. The application will be determined and either granted or refused based on the information provided. The Permit will specify conditions aimed at minimising and preventing pollution that are based on the BAT. The conditions will set emission limit values and operational controls. How will this affect your business? If you intend to operate a new Part B installation in Camden, you must apply to the Council for a Permit prior to the operation of your process. We advise that you refer to Schedule 1 of the PPC Regulations in order to identify which industrial activity your business is associated with. You can obtain a Part B application form directly from the London Borough of Camden or the relevant form can be downloaded from our website ( There are separate applications form for standard processes, a waste oil burners, dry cleaners and petrol station. Once you have completed the application form, 3 copies should be made and returned to the council. An application fee will need to accompany the application; the cost will be detailed on the application form. It is a legal offence to operate a Part B installation without a Permit. The Council can prosecute your company if we discover you are operating an industrial process without a Permit. 2

4 What information is required for the application? The purpose of the application is for the operator to provide a detailed outline of the industrial activity, characterise the emissions discharged to air during with operation of each stage of the activity, describe the technology that will be used to prevent and minimise emissions to air and the impact the installation will have on the environment. The level of detail required in the application will be much less if you intend to operate a waste oil burner, petrol station or dry cleaners. The techniques you describe to control emissions to air must comply with the BAT. If they do not you must justify why and provide evidence of their suitability. The Process Guidance Note for your activity should be referred to in order to identify the BAT requirements for minimizing air pollution. If you have any technical information regarding the pollution abatement equipment installed at your installation this should be included with your application. We advise that you supply any data that indicates the efficiency or performance of the chosen abatement plant. Ideally you should provide any emissions monitoring data that you may have regarding your plant and quantify the mass emission rate associated with the substances released to air. This will show whether your activity complies with certain pollutant emission limit values. You will be asked to submit a map showing location of your installation and a site plan identifying the different parts of the activity and the positioning of exhaust stack(s). The exhaust stack(s) at your installation must be appropriately designed to ensure it is of an adequate height above nearby buildings. This will allow dilution and dispersion emissions to such an extent that their impact is insignificant by the time it reaches nearby receptors. You must therefore indicate the height and location of all emission points to air. Ideally you should provide a calculation demonstrating the adequacy of exhaust stack heights. The calculation detailed in the HMIP Technical Guidance Note D1 Guidelines on Discharging Stack Heights for Polluting Emissions should be adopted. You will also be asked how you intend to monitor emissions from your installation. Stack or isokenetic emissions testing are commonly carried out once a year by specialist consultants who extract samples of air from your main exhaust stack(s) and analyse these for certain pollutant emission concentrations. Emissions concentrations can be additionally monitored and record continuously using equipment installed on the exhaust stack. Depending on the type of activity you operate, this more complicated type of emissions monitoring may not be required; instead you will only be requested to carryout a daily visual assessment of emission from your exhaust stack to guarantee there are no visible emissions. The way in which your installation is operated and maintained is imperative in terms of controlling air pollution. It is essential that all the equipment used at your installation, especially those items related to pollution control, are well maintained and serviced regularly. Training your staff to operate equipment correctly and how to reduce emissions during their day-to-day work activities is an integral part of environmental management. The procedures and policies of your proposed environmental management techniques will subsequently need to be explained. These should refer to equipment inspection and maintenance, record keeping, staff training, equipment operating procedures and procedures for dealing with abnormal or unintentional releases for example during equipment breakdown or during the start-up of the installation. 3

5 Application Procedure All applications for Part B permits (except in relation to small waste oil burners, dry cleaners 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 installation is permitted to start operation. Various Statutory Consultees such as the Primary Care Trust and English Nature, will additionally review and comment on the application during the determination process. The local authority can request further information from the operator regarding their application through a Schedule 4 Notice. The local authority will usually organise a visit to discuss your application and view the installation. The London Borough of Camden will determine your application with 4 month of it being duly made. Once your application has been granted, the local authority will issue you with a draft permit to enable you to comment on the technical appropriateness and practicability of the revised conditions. Each year you will be required to pay a subsistence fee for holding a permit. It is an offence to operate a Part B installation unless permitted; otherwise you may face a fine of up to 20, 000 and /or 2 years imprisonment. Permit Reviews A permit review will be carried out every few years to check that the conditions detailed in your permit adequately cover the prescribed activity at your installation, reflect the appropriate standards and continue to reflect BAT. The permit will additionally be reviewed following any new information provided by the government such as new techniques or environmental effects of pollutants. If your permit conditions do require updating, The London Borough of Camden will issue a variation notice. Compliance Inspections The local authority will carry out regular compliance inspections to check that your installation is being operated and managed in accordance with the conditions detailed in your Permit. If the authority receives any complaints regarding emissions from your installation, a visit will be arranged to investigate the matter in more details. What you should do if you wish to make changes to your installation? If you decide make a change in the way your Part B installation is operated, The London Borough of Camden will need be notified in writing 14 days prior to the change being made. The local authority will then decide whether the proposed change will require your permit conditions to be varied. If the proposed change significantly effects the emissions discharged from your installation, a substantial change variation application will need to be made to The London Borough of Camden. A fee accompanies this application. The procedure for dealing with a variation application is identical to that of a new Part B installation application for a Permit. 4

6 Surrendering your permit If you intend to cease the operation of your installation (in whole or in part) The London Borough of Camden must be informed in writing. The local authority will cancel your Permit through a surrender notice. Transferring your permits The PPC Regulations allow for permit transfers either for the whole permit or for certain parts of it through partial transfer arrangements. New operators must have the appropriate management systems and competence to operate the installation correctly in compliance of the existing permit. An application for transfer will need to be made to The London Borough of Camden. The local authority has a two-month determination period to decide whether to allow the transfer to take place. Enforcement and Offences The London Borough of Camden has an LAPPC Enforcement Policy. This will be issued to you once your Permit has been granted. If London Borough of Camden is of the opinion that you have contravened, or are contravening or likely to contravene a Condition of the Permit we may serve an Enforcement Notice. If the London Borough of Camden is of the opinion that the operation of an installation involves a risk of serious pollution it must, in certain circumstances, serve a Suspension Notice. The offences detailed in Regulation 32 of the PPC Regulations include failing to comply with or to contravene a condition in a permit, failing to comply with an enforcement or suspension notice, or intentionally to make a false entry in any records to be kept under a condition of a permit. A person guilty of an offence, upon summary conviction, could be liable (i) to the maximum penalty of a fine exceeding 20,000 and/or six months imprisonment, or (ii) upon conviction to an unlimited fine and/or two years imprisonments. Responsibility under workplace health and safety legislation The responsibilities you may have under Workplace Health and Safety legislation must be maintained light of the Permit being granted. Appeals Operators of LAPPC installation have a right appeal to the Secretary of State for Environment, Food and Rural Affairs under Regulation 27 of the PPC Regulations against certain decisions made by The London Borough of Camden. The circumstance that can justify an appeal include; refusal or deemed refusal to grant a permit, if the operator disagrees with the conditions imposed by the authority as a result of a permit application or an application for variation, refusal to transfer or surrender a permit. The procedure for appeals can be found in Schedule 8 of the PPC Regulations. 5

7 Useful References and Websites Pollution Prevention and Control (England and Wales) Regulations 2000 (as amended)(s.i.2000 No. 1973) Secretary of State s Guidance (England and Wales): General Guidance Manual on Policy and Procedures for A2 and Part B Installations, 2003 Environment Agency Technical Guidance document, M1 Sampling Facility Requirements for the Monitoring of Particulates in Gaseous Releases to Atmosphere. Environment Agency Technical Guidance document, M2 Monitoring Emissions of Pollutants at Source. HMIP Technical Guidance Note D1 Guidelines on Discharging Stack Heights for Polluting Emissions Process Guidance Notes - General Guidance Manual- Defra PPC Website - Contacting The London Borough of Camden If you wish to contact the local authority regarding any matters related to the operation of your Part B installation please contact: Gloria Esposito Air Quality Policy Officer Town Hall Office Argyle Street London WC1 8EQ Tel: Fax Gloria.Esposito@camdne.gov.uk 6