Prescribed processes for businessesLast updated: 22 May 2012 15:54 UK
Background to the Environmental Permitting (EP) Regime
The aim of this regime is to:
· protect the environment and human health;
· deliver permitting and compliance effectively and efficiently in a way that provides increased clarity and minimises the administrative burden on both Portsmouth City Council as the regulator and the operators of facilities;
· promote best practice and implement European legislation.
The legal requirements for installations covered by Local Authority Integrated Pollution Prevention and Control (LA-IPPC) and Local Authority Pollution Prevention and Control (LA-PPC) are contained in the Environmental Permitting (EP) Regulations 2010. Guidance on the Environmental Permitting Regulations 2010 can be found here.
Currently the Pollution Control Team is responsible for the regulation of 45 Part B and 1 Part A (2) industrial processes in Portsmouth. These processes range from relatively low risk polluters such as petrol service stations, dry cleaners and waste oil burners through to vehicle refinishers, coating and printing processes.
A list of these processes and their locations within Portsmouth is attached below.
So who needs a permit?
If you are in control of, operate or propose to operate a premises identified in the above regulations then you must apply for and obtain a permit from the Pollution Control Team. You must have an environmental permit if you operate a regulated facility in Portsmouth.
Regulated facilities include:
· Installations or mobile plants carrying out listed activities;
· Waste mobile plant;
· Waste operations;
Listed activities include:
· Chemicals - manufacturing chemicals, pharmaceuticals or explosives, storing chemicals in bulk;
· Energy - burning fuel, gasification, liquefaction and refining activities;
· Metals - manufacturing and processing metals;
· Minerals - manufacturing lime, cement, ceramics or glass;
· Solvents - using solvents;
· Waste - incinerating waste, operating landfills, recovering waste;
· Other - manufacturing paper, pulp and board, treating timber products, coating, treating textiles and printing, manufacturing new tyres.
The activities listed above are divided into three categories: Part A (1), Part A (2) and Part B.
Part A permits control activities with a range of environmental impacts, including:
· Emissions to air, land and water;
· Energy efficiency;
· Waste reduction;
· Raw materials consumption;
· Noise, vibration and heat;
· Accident prevention.
Part B permits control activities which cause emissions to air.
Who will be responsible for issuing your permit?
Permits are available from the Environment Agency or Portsmouth City Council depending upon the category your business falls within:
· Part A (1) installations or mobile plants are regulated by the Environment Agency;
· Part A (2) and Part B installations or mobile plants are regulated by Portsmouth City Council, except waste operations carried out at Part B installations which are regulated by the Environment Agency;
· Waste operations or waste mobile plant carried on other than at an installation, or by Part A or Part B mobile plants, are regulated by the Environment Agency.
What type of permit will you need?
The precise permit your business requires will vary depending on the specific processes involved and the resulting emissions. We therefore strongly recommend that you contact the Pollution Control Team to discuss your permitting needs prior to submitting an application. On doing so an officer will be able to discuss with you your permitting requirements and provide you with the appropriate documentation. Applications must be made on the relevant form and must include all the information which is specified. A fee will be payable, depending on the type of application and type of regulated activity. If following the submission of your application further information is required you will be notified by the officer handling the application. Should you fail to provide all the requested information your application will be deemed to be withdrawn.
What is the application evaluation process?
When processing your application we will give high regard to the protection of the environment taken as a whole by preventing or, where that is not practicable, reducing emissions into the air, water and land. When doing so we will follow the Core Guidance provided by the Department for Environment, Food and Rural Affairs DEFRA. A copy of this guidance is available from clicking upon the attached link.
http://www.defra.gov.uk/environment/policy/permits/documents/ep2010guidance.pdf upon receipt of an application we may inform the public of your application and we will consider any representations made in respect to it. There are specified timescales within which your application will be determined by us which vary depending depending on the type of application.
Can I apply online?
You will soon be able to apply for this service using the Electronic Licensing Management System (ELMS). ELMS has been developed by the Department for Business, Innovation and Skills in compliance with an European Services Directive to provide a 'point of single contact' for member states within the EU. A link will appear here as soon as the ELMS online form for this procedure has been deployed and tested.
What are the relevant application and subsistence fees?
Permit fees are set by DEFRA and the latest fees and charges can be seen at: http://www.defra.gov.uk/environment/quality/pollution/ppc/localauth/fees-risk/fees.htm.
Does tacit consent apply?
Tacit consent means that if we have not dealt with an application within the target period identified then that can be deemed to have been granted / approved. Tacit approval does not apply in respect of Environmental Permit applications or notifications for change to prescribed process as it is in the public interest that Portsmouth City Council considers all applications.
What information regarding my process will be available to the public?
The Pollution Control Team is required to hold a register of regulated facilities which is available to the public. Amongst other information this register contains information relating to permit applications, granted permits, operating conditions, enforcement proceedings, compliance monitoring and operator monitoring requirements.
This information is not currently held in electronic format however should you require access to the register please do not hesitate to contact us at the below address.
Following my application what involvement does the Pollution Control Team have with my process?
Once you have been issued with a permit, the Pollution Control Team will use a risk assessment method to determine the relative pollution risk associated with your activities. New processes are likely to be considered as low risk however inspections will be carried out to ensure that this remains the case. The method of assessment used assigns a level of proposed ‘regulatory effort’ to individual activities (high, medium or low) according to their relative risks.
This risk assessment is based upon both the nature of the activity and the way in which it is managed. Both the environmental impact and the operator performance will be evaluated by scoring the facility against a number of different components.
A full explanation of the LAPPC method of risk assessment can be found at:
A full explanation of the LA-IPPC (A2) method of risk assessment can be found at:
How is my risk-based compliance assessed?
When inspecting processes our officers will target those activities that:
· pose the greatest risk to the environment or human health;
· have poorer standards of operation;
· are failing to comply with the terms and conditions of the permit;
· are having a greater adverse impact.
Officers will also:
· reduce the regulatory burden on operators whose standard of operations are consistently high;
· take into account the different stages in the lifetime of a facility.
What are the inspection criteria?
The EU recommends minimum criteria for inspections, although not implemented with the UK Defra expects us to follow this guidance for the regulation of all LA-IPPC and LAPPC installations. To this end Defra ask us about the number of programmed inspections, inspections for general compliance monitoring or to check that upgrading has been carried out etc. within annual statistical survey questions.
A summary of our returns to Defra for the last 2 years can be found attached entitled "Environmental permitting statistical review 2009 & 2010".
What are the risk category inspection rates?
For Part B processes they are:
LOW 1 Full & extra inspections as required
MED 1 Full & 1 Check & extra inspections as required
HIGH 2 Full & check inspections as required
For Part B Reduced Fee processes they are:
Part B Reduced Fee
LOW 1 Full every 3 yrs & check inspections as required
Vehicle Respray LOW 1 Full every 2 yrs & check inspections as required
MED 1 Full every 1 yr & check inspections as required
HIGH 1 Full every 1 yr, 1 Check & check inspections as required
The rate of inspections for Part “A2” installations is likely to be higher.
How will the Pollution Control Team assess my compliance with the conditions of my permit?
Compliance for each condition will fall into one of three categories;
· G - where the condition is fully met;
· A (minor non-compliance) - minor non-compliance can be defined as a partial breach of the conditions which is not expected to have a significant adverse effect on the environment in the short term;
· R (major non-compliance) - major non-compliance can be defined as a serious breach of the condition which may have an adverse effect on the environment or a repetition of a previously identified minor non-compliance.
Where a previous A was recorded a repetition of the same non-compliance will be marked as an R.
How will I be notified of the results of the inspection?
Within 28 days of the inspection a report will be sent to you along with a copy of the risk assessment. This report will identify any problems, highlight any poor performance and draw attention to any other information which requires action.
How can I comment upon the inspection process?
Following the completion of each full inspection you will be sent a request for feedback form to enable you to comment upon the manner in which we regulate and inspect your premises.
What are the Pollution Control Team’s enforcement guidelines?
As the regulator we may have no alternative but to serve enforcements notice if we believe an operator has contravened, is contravening, or is likely to contravene any permit conditions. These enforcement notices will specify the steps required to remedy the problem and the timescale in which they must be taken.
Enforcement notices may include steps to remedy the effects of any harm and to bring a regulated facility back into compliance.
We will however minimise the costs of compliance for business by ensuring that any action we require is proportionate to the environmental risks. As far as the law allows, we will take account of the circumstances of the case and the attitude of the operator when considering action.
We will also take particular care to work with small businesses and voluntary and community organisations so that they can meet their legal obligations without unnecessary expense, where practicable.
You are assured that we will carry out our duties in a fair, equitable and consistent manner. While officers will exercise judgement in individual cases, our policies will promote consistency, including effective arrangements for liaison with other authorities and enforcement bodies through schemes such as those operated by the Local Authorities Coordinators of Regulatory Services (LACORS).
We are committed to achieving consistent, balanced and fair enforcement of these regulations. In coming to any decision as to the most appropriate course of action we will consider:
· the gravity of the offence;
· the attitude and past performance of the offender;
· confidence in management and the robustness of the systems in place to ensure future compliance;
· the likely effectiveness of the various enforcement options;
· the consequences of non-compliance;
· the public interest.
Prosecutions will however be considered where :
· there is a risk of serious pollution to the environment or harm to health;
· there is a blatant disregard of permit responsibilities;
· the offence is of such gravity that other forms of action are inappropriate.
For further information or to discuss any aspect of Environmental Permitting you can contact us at :
Environment and Public Protection Service
Pollution Control Team
Tel: (023) 92 688366