POLLUTION PREVENTION AND CONTROL ACT 1999

POLLUTION PREVENTION AND CONTROL (ENGLAND & WALES) REGULATIONS 2000

(AS AMENDED)
GUIDANCE NOTES FOR THE COMPLETION OF APPLICATION FORMS
FOR A PERMIT TO OPERATE A PART B INSTALLATION

These notes have been prepared to give general guidance and not all aspects are applicable to
every category of activity. You should, therefore, contact the Pollution Control Section of the
Public Protection Department of Bridgend County Borough Council on the above telephone
number for any queries specific to your application.
BACKGROUND
The Pollution Prevention & Control Act 1999 introduced a new pollution control regulatory
regime for controlling pollution from certain industrial activities. This regime implements the
European Directive (EC/96/61) on integrated pollution prevention and control (IPPC) and
introduces the concept of Best Available Techniques (BAT).
Operators must use BAT to control pollution from their industrial activities. The aim of BAT is to
prevent, and where that is not practicable, to reduce to acceptable levels pollution to air, land
and water from certain activities prescribed under Schedule 1 of the Pollution Prevention &
Control (England & Wales) Regulations 2000 (the PPC Regulations) which were made under
the Act. The PPC Regulations have now replaced the pollution control regime established under
Part I of the Environmental Protection Act 1990. This transitional process was completed by
March 2007.
THE PPC REGULATIONS
The PPC Regulations introduce three separate, but linked, systems of pollution control:
Integrated Pollution Prevention and Control (IPPC), which covers installations known as
A(1) installations, which are regulated by the Environment Agency;
Local authority Integrated Pollution Prevention and Control (LA-IPPC) which covers
installations known as A(2) installations, which are regulated by local authorities;
and, Local Authority Pollution Prevention and Control (LAPPC), which covers installations
known as Part B installations, also regulated by local authorities.
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All three systems require the operators of certain industrial and other installations to obtain a
permit to operate. Once an operator has submitted a permit application, the regulator then
decides whether to issue or refuse a permit. If one is issued, it will include conditions aimed at
pollution to achieve acceptable levels.
An installation is a technical unit where one or more industrial activities listed in Schedule 1
of the PPC Regulations are carried out. The Regulations also specify that an installation is any
other location on the same site where directly associated activities that have a technical
connection to the listed activity, which could have an effect on pollution.
st

Since 31 October 2000 any new installations which operate activities prescribed under
Schedule 1 of the PPC Regulations are required to apply for a permit. Existing installations
were required to apply for a PPC permit over a phased timetable prescribed by Schedule 2 of
the Regulations until 2007.
PART B INSTALLATIONS
This guidance note is for the completion of application forms relating to a Part B installation
only. Part B installations regulated under LAPPC do not come under the scope of the IPPC
directive. The Local Authority, as the Regulator, will still set permit conditions which are based
on BAT, however, these conditions apply only to emissions to air.
Under Regulation 10 of the PPC Regulations, all prescribed activities listed in Schedule 1 must
have a permit in order to operate existing or new installations. The Local Authority will issue
permits for all Part B installations and will contain specific conditions that are binding in law,
together with an additional duty to ensure BAT is used in relation to any aspect of the
installation. Each type of activity listed in Schedule 1 of the PPC Regulations has its own
specific guidance note produced by the Secretary of State and these notes form the basis of the
conditions of the permit (see Appendix A). It is strongly recommended that you obtain a copy of
the specific guidance notes that relate to the activities operated in your installation. It is also
recommended that you obtain a copy of the Secretary of States General Guidance Manual on
Policy and Procedures for A2 and Part B installations which gives detailed guidance as to the
steps you will need to take in order to obtain and comply with the permit. However, a brief
outline of the necessary requirements together with your duties regarding the advertising of the
application is given below, with more detailed instructions on pages 3-8.
INFORMATION REQUIRED IN SUMMARY OF APPLICATIONS
All applications must be submitted in writing and the applicant must supply 3 copies. Each copy
must be signed and dated on the Company's behalf. The information applicants are required to
submit can be listed under 7 main headings:1.

Details about the operator and location of the installation (including a site location plan).

2.

A description of the activities carried out at the installation (including a flow chart of the
process) and of the techniques employed (or to be employed) to prevent/minimise/
render harmless emissions to the air.

3.

A list of substances used in the activities carried out at the installation.

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4.

Details of the source, nature and amount of current and anticipated air emissions from
the installation.

5.

Proposals for monitoring, sampling and measurement of air emissions.

6.

An assessment of the likely effects of any emissions to the air on the environment

7.

Any additional information relating to the installation or operator which the applicant may
wish the Regulator take into account when considering the application.

Applicants should also ensure that the information they provide under these headings includes
evidence that the process in question will be operated in accordance with BAT (Best Available
Techniques) in order to comply with any limits or quality standards (Pollution Prevention &
Control (England & Wales) Regulations, Regulation 12(b)).
MAKING AN APPLICATION
It is important that adequate information, in addition to the appropriate fee, is provided in the
application as it may otherwise be refused.
The enclosed application form should be completed in full and any supporting documents
required in these guidance notes attached as annexes information should be presented in the
order requested for ease of processing.
Guidance on each of the application form Sections is given below:1.

OPERATOR AND INSTALLATION DETAILS

This should include:(a)

The name and address of the person or company seeking a permit to operate
the activity. If the applicant is a limited company, the registered number and
registered office must be given.
The name of person/company who will operate the installation must be entered
on the application not for example the person or consultant who is writing the
application on the operator's behalf.

(b)

The address of the site or the installation where the activity is or will be carried
on. This should include an address for correspondence if different from the
address of the installation.

(c)

A map or plan showing the location of the installation where the activity is or
will be carried on together with an Ordanance Survey grid reference number. If
only part of that installation is to be used for carrying on the activity, a plan or
other means of identifying that part.

(d)

Name of the Local Authority in whose area the activity will be operated or Local
Authority area in which the operator has his principal place of business in the
case of an activity involving mobile plant.

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2.

A DESCRIPTION OF THE INSTALLATION OR MOBILE PLANT AND TECHNIQUES

TO PREVENT/MINIMISE/RENDER HARMLESS EMISSIONS TO AIR
The application should include a description of the installation or mobile plant, the
activities listed in Part 1 of Schedule 1 of the Regulations to be carried out at the
installation and any other directly associated activities to be carried out on the same site
of the installation which will have a technical connection with those listed activities and
which could have an effect on pollution.
The application should be sufficiently detailed to allow the regulator to examine all stages
of the installation from the receipt of raw materials to the despatch of waste and finished
products. There should be a description (and where appropriate drawings) not only of the
physical characteristics of the activities carried out at the installation including the
proposed height and location of any stacks or vents and the abatement technology, also
details of how the activity is to be operated. This might include a description of the fuel
and raw materials to be used, whether the activity is a continuous or batch process, the
maximum production capacity, the arrangements of storing raw materials and waste, the
proposed levels of maintenance, the extent of staff supervision, the qualifications of the
workforce and the contingency arrangements for breakdown. The description should also
include supporting explanatory material - in particular the calculations behind the
proposed chimney height and any reasons for selecting a pollution abatement option.
The description should also identify potential sources of atmospheric emissions together
with the proposed techniques for achieving BAT and compliance with emission limits and
quality standards.
A set of process diagrams and a plan of the plant should normally form part of the
application. This is particularly important for more complex installations.

3.

A LIST OF SUBSTANCES USED IN THE ACTIVITY

This should contain details of all substances used from receipt of raw materials through
the activity to any waste treatments, etc. Concentrations and quantities should also be
specified.

4.

DETAILS OF THE SOURCE, NATURE AND AMOUNT

OF EMISSIONS TO AIR FROM THE ACTIVITY
This may be contained within the general activity description. Details should be given of
all contained and uncontained emission sources.

5.

PROPOSALS FOR MONITORING, SAMPLING

AND MEASUREMENT OF EMISSIONS TO AIR
Details should be given of any proposed releases of substances into the air. Applicants
should put forward proposals as to which emissions will be monitored and how and when
this will be done. Details of existing and proposed monitoring techniques, including
frequency of monitoring, should be included.

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6.

ASSESSMENT OF THE LIKELY EFFECT OF

EMISSIONS TO AIR ON THE ENVIRONMENT
There are circumstances where applicants should include in their applications a
justification of their proposal from the point of view of its likely environmental impact.
These include:(a)

Where there are a number of alternative means of minimising air emissions,

each having a different environmental impact.

(b)

Where the applicant proposes to depart significantly from the advice contained
in the Secretary of State's Process Guidance Notes.

(c)

Where a process is or will be located in or near to a sensitive environmental

area, e.g., Town Centre or Site of Special Scientific Interest (SSSI).

(d)

Where an installation is or will be located in an area with already high air

pollution levels and where levels may approach or exceed a statutory air quality
standard. In this case the applicant should assess the effect of any additional
emissions and specify what additional measures are to be taken to render
emissions harmless.

Applicants should in particular aim to demonstrate that their proposal achieves the BAT
objective to comply with any limits or air quality standards.
The environmental assessment/appraisal need only consider effects of air emissions on
the environment (not releases of water and waste) and would not normally need to be an
extensive document.
7.

ADDITIONAL INFORMATION
This comprises any further information the applicant feels the Regulator should take into
account when considering the application and evidence that the relevant Planning
permissions have been obtained to carry out the specified activity at the installation. In
the case of an application for a permit will authorise the carrying out of a specified waste
management activity at an installation or by means of mobile plant, evidence to support
that the applicant is a fit and proper person to carry out that activity must be included.

FEES AND CHARGES

All applications must be accompanied by the relevant application fee. There is an initial
application fee, an annual subsistence fee and a fee for a substantial change to the activity;
these fees are detailed in Appendix B accompanying this guidance.
ADVERTISEMENTS
All applications (apart from waste oil burners of less than 0.4MW, dry cleaners and unloading of
petrol at a service station) must be advertised by the applicant for at least one week in one or
more newspapers circulating in the locality of the proposed installation. For mobile plant the
locality is that in which the operator has his principal place of business. The advert must be
placed within a period of 28 days beginning 14 days after the date on which the application was
duly made.
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The operator must send the Council a copy of the advertisement and a certificate stating where
and when it was published no later than ten days from the date the advertisement appeared in
the Press.
Failure to comply with the advertising requirements will invalidate the application.
The advert must contain the following:(a)

Name of applicant.

(b)

Address of installation where activities will be carried on.

(c)

Brief description of the nature of the installation.

(d)

Address where, and times when the application may be inspected. This must include a
statement that members of the public have a right to inspect registers free of charge. The
address and time for such register inspection must be decided by the Regulators.

(e)

Statements to the effect that written representations concerning the application may be
made to the Regulators and that those received by the Bridgend County Borough
Council within 28 days following the publication of the first notice, will be taken into
consideration in deciding the application.

(f)

Address to which representation should be sent.

(g)

Date on which the notice was first published.

A specimen of the required advertisement format is attached as Appendix C.

COMMERCIALLY CONFIDENTIAL INFORMATION
The applicant may apply to the Regulator at any time of application for a permit for certain
confidential information to be kept from the public register. Commercially confidential
information is that which would prejudice to an unreasonable degree a person's commercial
interests, but not information which might damage an operator's reputation.
CONTENTS OF REGISTERS
The register, which is available for public inspection and held at the Civic Offices, Angel Street,
Bridgend free of charge, will contain the following information:(a)

The application.

(b)

Any notices served.

(c)

Comments of consultees.

(d)

Advertisements and responses from any members of the public (unless requested not to
by the person responding in which case a statement to this effect will be made whilst
maintaining the anonymity of the representor).
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(e)

A copy of the permit.

(f)

Details of variations, transfer or surrender of permits.

(g)

Notices of appeals and determinations.

(h)

Revocations.

(i)

Details of convictions, a formal cautions.

(j)

Details of monitoring data.

(k)

Any Secretary of State's directions.

(l)

Published reports relating to environmental consequences of operating the prescribed

activity.

(m)

Environment Agency register entries for the Local Authority area.

(n)

If confidential information is withheld, a statement of compliance with requirements.

Information remains on the public register for 4 years.

VARIATION OF PERMITS
An operator can at any time notify the Regulator at a request to make a relevant change or
apply for the conditions of his Permit to be varied in order to accommodate a relevant change to
an installation. Cases of substantial change will be subject to the same advertisement
arrangements as for new applications.
TIMETABLE FOR DECISIONS ON PERMITS
Operators may appeal against non determination of the application if no decision has been
issued within four months of the application being received by the Regulator (the application will
only be considered as received if it has been duly made, i.e. it contains all necessary
information and the appropriate fee). This decision period is reduced to two weeks for waste oil
burners of less than 0.4mw net rated thermal input.
OFFENCES
Offences committed against any of the requirements of the Pollution Prevention and Control
Regulations are punishable, or summary conviction, by a fine up to 20,000 and/or up to 6
months imprisonment. Conviction in the Crown Court may lead to an unlimited fine and/or to
imprisonment for up to 5 years.
APPEALS
An operator may appeal to the Secretary of State for the following reasons:(a)
refusal of an application
(b)
refusal of an application to vary the Permit
(c)
the service of a revocation, enforcement or suspension notice
(d)
determination that information is not commercially confidential
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(e)
(f)

refusal of an application to transfer or surrender a Permit

the service of a variation notice on the Local Authority's initiative

Further information can be found in the PPC Regulations (regulation 28 and schedule 8)
The Environment Agency Local Authority Unit (LAU) also operate a Local Air Pollution
Prevention Control (LAPPC) information and briefing web-site on behalf of the Department of
the Environment, Food and the Rural Affairs (DEFRA) .