From April 2008, all existing Pollution Prevention and Control Permits automatically became Environmental Permits. The implication of the change for most operators is insignificant.
The legislation provides a framework for operators of processes listed in Schedule 1 of the Regulations to apply to Local Authorities or the Environment Agency to obtain a permit to carry out the activities. These activities are classified as follows:
Part A(1): Large, potentially highly polluting activities. These are regulated by the Environment Agency.
Part A(2): Medium scale processes. These are regulated by Local Authorities for various aspects of the operations including emissions to land, water and air, energy and raw materials usage, waste minimisation, accident prevention and noise emissions.
Part B: Smaller and less energy intensive activities. Again regulated by Local Authorities but the scope is restricted to emissions to air. The operator of a ‘Part B’ process, will when their application is approved, be issued with a permit which includes conditions such as:
- limits on concentrations and mass emission over time;
- submission of mass balance data at specified intervals;
- continuous monitoring of specified emissions;
- periodic monitoring of specified emissions;
- submission on environmental emission testing data at intervals;
- prohibition of activities such as allowing solvents to evaporate from drums;
- no discernible odour outside site boundaries;
- records of training and communication to be kept; and
- records of monitoring and management inspections to be kept.
The inspectors for these and the integrated regulatory regimes have the following powers:
- enter and inspect premises;
- seize articles and substances considered to present an imminent danger;
- issue enforcement notices requiring changes to existing processes and practices;
- issue prohibition notices to prevent a process operating where there is an imminent risk of pollution; and
- revoke the licence.
Local authorities and environmental health
In some areas local government is organised into unitary authorities, while other parts have separate county and district councils. All local authorities employ environmental health officers who administer and enforce laws to do with environmental enforcement including air pollution control. Environmental health is a function of unitary authorities and district councils.