Local Authorities & The Environmental Permitting Regulations 2010

Local Authorities are required to regulate certain types of industries to reduce pollution and in particular improve air quality. The laws include The Pollution Prevention & Control Act 1999 and Environmental Permitting (England and Wales Regulations) 2010 which together govern Integrated Pollution Prevention and Control and Local Authority Pollution Prevention and Control.

Our role in the regime is to issue permits which set controls and emission standards to minimise pollution from certain industrial activities. The Activities which require a permit can be found in Part 2 of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2010. Once a Permit has been issued we routinely inspect the activity, those with a higher pollution potential are inspected more frequently.

The Environmental Permitting Regulations 2010 has replaced the Pollution Prevention and Control Regulations. There are currently no requirements to amend existing permits issued under the Environmental Permitting Regulations, PPC permits automatically become EP permits without any need to alter the wording on the permit.

DEFRA are currently looking at reviewing the permitting regime again through ‘Better Regulation’.

The activities listed in the Environmental Permitting Regulations 2010are split into three categories namely A1, A2 and Part B activities.

Permits

Operators of installations like those mentioned above must obtain a permit to operate. An application fee must accompany the application for permit. For the charging scheme please either contact Boston Borough Council’s Pollution Control Team or refer to Defra’s site at: http://www.defra.gov.uk/environment/quality/pollution/ppc/localauth/fees-risk/fees.htm

Permit applications must include a written description of the way in which pollution is to be minimised. Where a local authority decides to grant an installation a permit, that permit must include conditions stipulating how pollution is to be minimised. Government guidance has been published as to the appropriate pollution standards for various types of installation. The law requires the standards to achieve a balance between protecting the environment and the cost of so doing. The local authority is required to have regard to that guidance.

Operators can appeal where a permit application is refused or where it is granted but the operator disagrees with the conditions.

Once a permit is issued the operator must comply with the conditions.

Local authorities categorise installations according to the risk they represent (high, medium or low risk) based on the potential environmental impact in the event of an incident, and the effectiveness and reliability of the operator.

Where a business fails to comply with the Regulations, local authorities have the power to serve various types of notice and the power to prosecute. Where possible, however, authorities try to work with the operator to resolve problems.

Guidance

General Guidance Manual (GGM)

The GGM comprises guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2010.

It is statutory guidance to local authority regulators, which they must have regard to. It aims to guide firms undertaking or planning to undertake relevant activities on their legal obligations. And it is designed to be useful to members of the public interested in industrial pollution control.

http://www.defra.gov.uk/environment/quality/pollution/ppc/localauth/pubs/guidance/manuals.htm

Guidance notes for local authority regulated industrial activities

Process and Sector Guidance Notes are specific to particular industrial sectors.

Process Guidance Notes (PG Notes) involve only Part B activities whereas the Sector Guidance Notes (SG Notes) involve only Part A(2) activities.

The additional guidance notes are known as Air Quality Notes (AQ Notes) and are used to provide information on any issue that requires clarification in writing by Defra.

This could be a correction to existing guidance, a reminder of the importance of certain requirements, drawing LA officers' attention to a relevant consultation which they may not have seen, clarifying Best Available Techniques if possible in the event of multiple queries, or merely an update on the latest state of play.

• Process Guidance Notes - for Part B activities
• Sector Guidance Notes - for Part A(2) activities
• Air Quality (AQ) Notes - additional guidance notes

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period

Application Forms

Part A2 Application Form

Part 2A Transfer Form

Part B Application

Part B Transfer Form

Part B Variation Form

Petrol Station Application Form

Dry Cleaning Application Form

Waste Oil Burner<0.4MW Application Form

Apply for a B Environmental Permit

Apply for an A2 Environmental Permit

Tell us about a change to your existing circumstances

Public Register

Local Authorities are required to maintain a public register containing information on all the processes that are permitted by them under Part B or Part 2A of the regulations. In addition we are required to keep information on the register relating to Part A1 processes permitted by the Environment Agency. List of permitted activities in Borough of Boston.

The register lists details of the operator, the type of process, the date the authorisation was given, the application number and the address of the operator's head office. This register must be made available to members of the public for them to view free of charge. Copies of the documents should also be made available for a reasonable fee.

The public register held by Boston Borough Council can be viewed at our offices in West Street, Boston.

For further information please contact:

John Chapman – Principal Environmental Health Officer (Pollution) – 01205 314232

Nick Davis – Environmental Health Officer (Pollution) – 01205 314234

or email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it