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How are Emissions from Industry regulated?
Part I of the Environmental Protection Act (EPA) 1990
strengthened controls over industrial air pollution
initially introduced by the Clean Air acts of 1956 and
1968. Initially, it established two control systems;
an air pollution control system enforced by local authorities
(LAPC),
and an integrated pollution control system (IPC)
enforced by the Environment Agency.
However, regulations under Part I (and Part II) of
the EPA (1990) have now been replaced by the Integrated
Pollution Prevention and Control Act (IPPC) 1999
which implements the EU Integrated Pollution Prevention
and Control (IPPC) Directive (96/61/EC) through the
Pollution Prevention and Control (England and Wales)
regulations which came into force on the 1st August
2000.
What is IPPC?
Integrated Pollution Prevention and Control (IPPC) is
the new UK regime that has been created to implement
the EC Directive (96/61) of integrated pollution control
across Europe. The
Integrated Pollution Prevention and Control Act 1999
provides for the replacement of Part I of the Environmental
Protection Act 1990. IPPC replaces the existing Integrated
Pollution Control (IPC) and Local Air Pollution Control
(LAPC) regimes, as well as implementing the Directive's
requirements in new sections of industry, providing
a single regulatory framework for emissions control
in the UK and throughout Europe. IPPC will extend integrated
control to cover around 6,000 installations across England
and Wales. IPPC provides an integrated approach to the
control of pollution to land, sea, and air from industrial
activities. It requires operators of industrial sites
under its remit to obtain a permit, by demonstrating
that they have employed the Best Available Techniques
(BAT) to control the discharge of pollutants.
Who is responsible for administering IPPC?
The IPPC (1999) regulations consist of three systems
similar to the IPC and LAPC of the EPA (1990).
Regime A1 - This is an integrated permitting
regime. Emissions to the air, land and water of potentially
more polluting processes are regulated. The Environment
Agency is the regulator.
Regime A2 - This is an integrated permitting
regime. Emissions to the air, land and water of processes
with a lesser potential to pollute are regulated. The
Local Authority is the regulator.
Regime B - This is the permitting of processes
with a lesser potential to pollute. Only emissions to
the air are regulated. The Local Authority is the regulator.
IPPC regulators set emission limit values for specified
pollutants dependant on installation type, location,
BAT and environmental quality standards (EQS) set out
in EU legislation.
When does IPPC take effect?
Permits are required for all new installations and existing
installations undergoing a substantial change (i.e.
where there is a change in operation that may have a
significant negative effect on human beings or the environment)
effective from 31 October 1999. For existing installations
where no significant changes take place, IPC permits
will continue to be in force until the new IPPC permits
are phased in on a sectoral basis by October 2007.
What activities are covered by IPPC?
IPPC Regulations control the operation of any installation
or mobile plant carrying out activities listed in Part
I of schedule 1 (pp 40-72) of the
IPPC regulations 2000.
*Please Note*: Small combustion plants
(below 20 MW) and plant which, when aggregated, have
a net thermal input between 20 and 50 MW, are exempt.
How do I obtain a permit?
Operators of installations covered by the IPPC have
to apply for a permit from the appropriate regulator
prior to commencement of operation. Applicants for permits
are also required to advertise the application in one
or more local papers and in the London Gazette prior
to public consultation.
Who has the responsibility for monitoring emissions?
Operators must state in their application how they propose
to monitor emissions. Operators have a responsibility
for monitoring emissions (at their own cost), and for
supplying data to the regulator to check compliance.
The regulator also undertakes independent monitoring.
How is compliance with IPPC enforced?
1. Enforcement: Regulators can serve an enforcement
notice if it believes an operator has contravened or
is likely to contravene any permit conditions.
2. Suspension: If an installation is deemed to be at
risk of imminent serious pollution the regulator may
serve a suspension notice.
3. Revocation: The regulator has the power to revoke
a permit at any time
4. Prosecution: If an operator has committed a criminal
offence under the IPPC regulations, regulators have
the power to prosecute the operator through the courts.
Conviction at magistrates court can result in a fine
of up to £20,000 and six months imprisonment,
or for more serious offences, at crown court with unlimited
fines and up to 5 years imprisonment.
Charges
Regulators charge permit holders in order to recover
the costs of their IPPC operation. There
are two separate sets of charges based on the type
of installation covered by the permit. Different charges
are also payable at different regulatory stages. Operators
must pay a charge when submitting any application, plus
subsistence charges to support the regulators ongoing
costs.
| Links to
further Information |
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Detailed
information regarding charging schemes
IPPC
A Practical Guide
LAPC/LA-IPPC
Guidance
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