LAPPC/LA-IPPC - Prescribed Processes
Many different types of businesses may need a permit to operate, these range from petrol stations to mobile concrete crushers. Examples of different types of activities that Environmental Health regulate in East Hampshire include:
- cement batching
- concrete crushers
- small waste oil burners
- manufacture of fibre reinforced plastics (FRP)
- timber and combustion activities
- brickworks
- petrol stations
- dry cleaners
Background
The Local Authority Pollution Control (LAPC) regime was first introduced under Part I of the Environmental Protection Act, 1990. Processes that needed controlling were listed in the Environmental Protection Regulations 1991. This 'new' regime was introduced to proactively deal with air pollution from specific polluting industries.
The LAPC system has gradually been replaced by the Local Authority Pollution Prevention and Control (LAPPC) and the Local Authority Integrated Pollution Prevention and Control (LA-IPPC) regimes under the Pollution Prevention and Control Act 1999 and the Pollution Prevention and Control Regulations 2000. Generally there have been relatively few changes to the way the system is administered and enforced by the Council. The change has resulted in authorisations being replaced with permits and the term 'process' being changed to 'installation' although the term 'prescribed processes' is still commonly used.
The founding aim of LAPC and LAPPC/LA-IPPC has been that of the 'Polluter Pays Principle' hence why operators of 'prescribed processes' have to apply to the Environment Agency or local authority for a permit to pollute.
The law is about to change again, but this will have very little if any effect on the operators of existing processes. The Environmental Permitting (England and Wales) Regulations 2007 come into force on 06 April 2008. Any permit issued after this date will be issued under the new regulations. Further information on the EP Regulations is available on DEFRA's website at http://www.defra.gov.uk/environment/epp/index.htm
Is it A, A2 or B?
Activities regulated under the PPC Regulations are divided into three different categories - Part A, Part A2 and Part B activities. Which category an activity falls into is determined by the PPC Regulations and guidance from the Secretary of State.
- Part A processes are regulated for emissions to land, air and water (i.e integrated pollution control). The Environment Agency regulates these processes.
- Part A2 processes are also regulated for emissions to land, air and water, but these processes are regulated by local authorities such as East Hampshire District Council.
- Part B processes are only regulated for emissions to air (i.e. air pollution). These are always regulated by local authorities.
Applying for a permit
If you believe you may require a permit you are advised to contact the Environmental Protection Team on 01730 234323. We can provide you with further information on the application process, including what we require you to do and what we will do for you once the application has been received. For new installations you should apply for a permit at the design stage once you have drawn up full designs, but not before starting construction work. Further information on applying for a permit is contained in the Secretary of State's Guidance - General Guidancxe Manual on Policy and Procedures for A2 and B Installations which is available on the Department for Environment Food and Rural Affairs (DEFRA) website. An application fee accompanies the application process. These are set each year by DEFRA.
Permits contain conditions that control such things as the quantity of emissions, the monitoring of emissions and abatement plant performance. An installation must comply with the conditions contained within its permit and must use the ‘Best Available Techniques' (BAT)’ to prevent or minimise and render harmless emissions which may cause harm to the environment. It is an offence to operate a prescribed process without a permit.
Inspections
Businesses regulated under the PPC Regulations are inspected by the Council to ensure compliance with the conditions within their permits. The number and types of inspections a premises receives depends on the risk category they fall into. A HIGH risk installation receives more inspections and has to pay greater annual fees than a LOW risk installation. Random inspections also take place as necessary.
Public Registers
Local authorities and the Environment Agency are required to maintain public registers containing information on all the installations and mobile plant they are responsible for. Environmental Health maintains a public register which is available to the public to view at all reasonable times (i.e. during normal office hours) free of charge. Members of the public do not have to give a reason for viewing the register. A reasonable charge may be payable if you require copies of any documents contained in the public register.
Further information on the installations that East Hampshire District Council regulate can be found here.
Further information
If you require any further information or advice on prescribed processes, please contact the Environmental Protection Team on 01730 234323, or email ehealth@easthants.gov.uk