piping system with open skyPollution Control - Inspection and Regulation

There are many different types of industry within Hambleton district, all of which have the potential to cause air pollution. The industries most likely to cause air pollution because of the raw materials used, the type of process, or the amount of substances released through chimney stacks or exhausts, are regulated by the Environment Agency and the local authority.

These types of industrial processes are known as "regulated facilities". and were formerly known as "authorised processes" or "prescribed processes" under previous legislation.

Regulated facilities vary widely in type. The more common ones include petrol stations, mobile crushing plant, small waste oil burners, quarries, concrete batching plants, furniture manufacturers, vehicle re-sprayers, animal and pet food manufacturers, and chemical manufacturers. Some of the more unusual activities include crematoria, sewage sludge incineration, production of mushroom substrate and maggot breeding.

To comply with the regulations, operators of regulated facilities are required to apply for a permit. The conditions of the permit will ensure that the operator uses 'Best Available Techniques' to achieve a high level of protection for the environment. Regulated activities are inspected regularly in accordance with their risk status. A high risk installation will be inspected more often than a low risk installation. The risk status also determines the level of annual subsistence fee.

Further information on regulated facilities, environmental permitting, 'Best Available Techniques' and risk assessments, can be found on the Defra website Opens in a new window (opens in new window).

Legislation

An 'activity' is an industrial activity forming part of an installation and is one that has the potential to emit into the air substances that can cause harm to human health. Activities that are specified for regulation, either by the local authority or the Environment Agency, are listed in the Environmental Permitting Regulations 2010.

The Environmental Permitting Regulations 2010

The Environmental Permitting (EP) (England and Wales) Regulations 2010 came into force on 6 April 2010. These new regulations, as their predecessors, are made unde the Pollution Prevention and Control Act 1999. For the purposes of LAPPC and LA-IPPC (see below for explanation of these terms) the 2010 Regulations make few changes, and permits issued under the 2007 Regulations do not need any amendment. A key purpose of the 2007 and 2010 Regulations is to provide a common legislative platform for pollution regulation, and the 2010 Regulations extend this platform to include water discharge activities, radioactive substances activities and groundwater activities.

The EP Regulations makes it an offence for any person or company to operate a regulated facility without a valid 'environmental permit'. There are three categories of activity:

  • Integrated Pollution Prevention and Control (IPPC) - A1 activities are regulated by the Environment Agency Opens in a new window and cover the large and more polluting industries. A1 Permits contain conditions to protect air, water, land, and to limit the production of waste and the use of energy and other resources.
  • Local Authority Integrated Pollution Prevention and Control (LA-IPPC) - A2 activities are regulated by the Local Authority and cover the larger or more polluting industries. A2 Permits also contain conditions to protect air, water, land, and to limit the production of waste and the use of energy and other resources.
  • Local Authority Pollution Prevention and Control (LAPPC) - Part B activities are regulated by the Local Authority and cover the smaller or less polluting industries. Part B Permits contain conditions to protect air quality only.

Local Authority Integrated Pollution Prevention and Control (LA-IPPC)

LA-IPPC applies an integrated environmental approach to the regulation of certain industrial activities (A2 installations). It involves determining the appropriate controls for industry to protect the environment through a single permitting process. This means that emissions to air, water (including discharges to sewer) and land must be considered together.

The primary aim of the EU IPPC Directive is to ensure a high level of environmental protection and so LA-IPPC aims to prevent emissions and waste production and where that is not practicable to reduce them to acceptable levels, using the 'Best Available Techniques' (BAT), which balances the costs to the operator against the benefits to the environment.

The Council will enforce LA-IPPC to protect the environment, as a whole, promote the use of clean technology, minimise waste at source, and to provide a 'one stop shop' for administering permits. The Council will also monitor compliance with conditions, review permits, issue variation and transfer notices, and ensure that sites are restored when industrial activities cease.

Local Authority Pollution Prevention and Control (LAPPC)

The installations regulated under LAPPC (Part B installations) are those whose air emissions have in most cases been regulated by local authorities under similar such controls since 1991. These installations are not within the scope of the IPPC Directive, but other directives (such as the Solvent Emissions Directive) may apply.

The permitting arrangements are essentially the same as for LA-IPPC.

Public Register

The Council is required by the legislation to maintain a Public Register of installations regulated by the authority. The Public Register is not held on the Council's website but is available to view free of charge during normal opening hours at the Civic Centre, Stone Cross, Northallerton, North Yorkshire, DL6 2UU (telephone 0845 1211555).

Applying for a Permit

All three systems of regulation require the operators of installations to obtain an environmental permit to operate. An application must be made and the regulator will then decide whether to issue or refuse a permit. If a permit is issued, it will include conditions aimed at reducing and preventing pollution. If you would like to apply for a permit for either the operation of an LA-IPPC (A2) installation or an LAPPC (Part B) installation then please select one of the following options:

  • Request an application form using the contact details on the next page
  • Download an application form by clicking on the relevant link below

LAPPC (Part B) Application Form Opens in a new window

LA-IPPC (Part A2) Application Form Opens in a new window

 

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