IPC Permit Applications

• Environmental Protection Act 1990 (EPA90) Part I

Part I of the EPA90 established a system of integrated pollution control (IPC) in order to control pollution from the most potentially polluting or technologically complex industrial processes (Part A Processes). EPA90 also introduced a separate regime for controlling emissions to air alone from generally less polluting processes (Part B Processes) known as the Local Air Pollution Control (LAPC).

The IPC and LAPC regimes are in the process of being phased out and will be replaced by requirements under the Pollution Prevention & Control Act 1999 (see IPPC).

On the entry into force of Section 6 of the Pollution Prevention and Control Act 1999, Part I of the Environmental Act 1990 will be repealed.

• Environmental Protection (Prescribed Processes and Substances) Regulations 1991 as amended.

These regulations specify the processes which are prescribed for the purposes of Part I of EPA90 and those controlled substances with discharges restrictions to land, air and/or water.

• Environmental Protection (Applications, Appeals and Registers) Regulations 1991 as amended.

• IPC: A Practical Guide (DOE, 1993) - available from DEFRA Publications
• IPC and Waste Guidance is available for different industry sectors. Of particular reference to the oil and gas industry are Guidance Notes provided for Fuel Production Processes and Combustion Processes (including Power Generation). A full list of IPC Guidance applicable in the UK is available on the EA website.

Operators of those processes listed under the 1991 Regulations (as amended) must have existing IPC authorisation or have transferred to the IPPC system (see below) to operate the process.

The IPC System is currently in the process of being replaced by the IPPC System (see IPPC) under the Pollution Prevention and Control Act 1999. Existing Part A installations are being phased in by sector between December 2000 and March 2007 in accordance with the timetable in Schedule 3 to the PPC Regulations (see IPPC Transitional Schedule).

Existing Part B installations in Scotland already fall under the new IPPC System, with Part B installations in England and Wales being transferred to the IPPC system by 1st April 2004. These were made as "deemed applications".

Operators of new processes must now apply for an authorisation under the IPPC system (see IPPC).

If a formal application is required for a variation of an existing IPC Authorisation (see Renewals and Variations), the following information must be supplied and application made using the appropriate form supplied by EA/SEPA.

• List of prescribed substances (and any other substances which might cause harm if released into any environmental medium) used in connection with or resulting from the process being varied;
• Likely quantity and nature of releases from the process being varied assuming the technology and controls have been fitted and are operational;
• Description of the techniques used for preventing or minimising the release of prescribed substances which are released, i.e. the operator must show that BATNEEC (see Performance Standards) has been employed;
• Details of any proposed release of such a substance into any environmental medium and an assessment of the environmental consequences;where an IPC process releases substances to more than one environmental medium, an assessment must be undertaken to demonstrate that the application represents the BPEO (see Performance Standards); where the BPEO has not been selected, e.g. on cost grounds, this must be justified; and
• Proposals for any additional monitoring.

The applicant should also advertise in the local newspaper to enable public consultation on any proposal to vary an IPC Authorisation for a period of not less than 14 days. Variations of any mobile plant need not be advertised. As well as brief details of the variation, the advertisement should state where a copy of the application can be seen.

Note: If you are planning any changes to your operations that may have a significant negative environmental impact and if that change is deemed to be a Substantial Change, you may be required to apply for a permit under IPPC ahead of the transitional date for your sector (see IPPC).

The Regulatory Authority for England/Wales is the Environment Agency (EA) and in Scotland, the Scottish Environment Protection Agency (SEPA). Contact your local EA or SEPA office.

One of the main drivers under the IPC regime is to ensure use of the Best Available Techniques Not Entailing Excessive Cost (BATNEEC) in order to prevent or minimise the release of prescribed substances and to render harmless any such substances which are released.

BATNEEC is usually expressed as emission limits for the prescribed substances released by the process, and the IPC Permit will include conditions to ensure BATNEEC is met. The original application will also have required demonstration of the application of BATNEEC.

In addition to detailed consent conditions outlined in the IPC Authorisation, there is also a general requirement to apply BATNEEC through good management in the form of:

• Preventative maintenance;
• Proper operation and supervision of processes (including associated pollution control equipment);
• Proper training and instruction of personnel;
• Good housekeeping; and
• Minimising pollution that might arise during delivery, storage and handling of materials.

If a process involves release to more than one environmental medium, the operator must identify and use the Best Practicable Environmental Option (BPEO).

BPEO has been defined as "the outcome of a systematic and decision-making procedure which emphasises the protection and conservation of the environment across land, air and water. The BPEO procedure establishes, for a given set of objectives, the option that provides the most benefit or least damage to the environment as a whole, at acceptable cost, in the long term as well as in the short term".

Technical Guidance Note (E1) - BPEO Assessments for IPC (HMSO, 1997) describes a methodology for undertaking BPEO assessments for IPC in a consistent manner.

The IPC Authorisation will include a number of conditions, including monitoring requirements. Monitoring is likely to include emissions monitoring as well as other atmospheric and water/seabed sampling requirements depending on the associated discharges.

All operators of IPC installations must report the most accurate mass releases for all substances appearing in the Inventory of Sources and Releases (ISR) Reporting Form (otherwise known as the Pollution Inventory) in respect to the installation operation during the previous year.

The calculations, estimations and assumptions made in determining the annual releases must be recorded in writing and retained for a period of 4 years.

The European Pollutant Emissions Register (EPER) adopted by the European Commission, requires reporting of 50 pollutants released to air and water every 3 years. The first reporting year is 2003 based on emissions from 2001 (or 2000 or 2002 where 2001 data are not available). This will require data to be collected from some existing IPC authorised installations before they have obtained IPPC permits. The EPER arrangements are expected to build on the UK National Pollution Inventory already established under IPC.

EA/SEPA has powers to issue enforcement notices to specify steps that must be taken to remedy any contravention to the authorisation.

Where the enforcing authority believes that the continuation of a prescribed process under an authorisation may involve an imminent risk of serious pollution, the authority has powers to issue a prohibition notice.

A number of other enforcement powers are given to authorised inspectors, including powers of entry, powers to take samples and measures, powers to remove materials for further investigation, powers of questioning and powers to request production of documents. Where an inspector has reasonable cause to believe that in the circumstances in which he finds it, an article or substance is a cause of imminent danger or serious harm he may seize it in order to render it harmless.

It is an offence to operate a prescribed process without an authorisation or to contravene any conditions attached to an authorisation or other enforcement notice without reasonable excuse. Other offences include making false or misleading statements and obstructing an inspector.

Summary conviction carries a maximum fine of £20,000 and/or three months imprisonment, and conviction on indictment an unlimited fine and/or two years imprisonment.

Conditions of an authorisation may be varied either at the request of the enforcing authority or of the operator.

Section 10 of EPA90 gives the regulator powers to serve a variation notice in which it may vary conditions attached to an authorisation - for example improved pollution control techniques and technology that might make tighter emission limits feasible. The notice will specify the changes which the regulator has decided should be made and the timescale for change.

Section 11 of EPA90 enables the operator to make application for a change to the way in which the process is carried out and which could have implications to the authorisation. The operator should in the first instance submit written details of the changes being requested. If the regulator considers that the changes require the authorisation conditions to be changed, a formal application will be required (also see Substantial Change).

Statutory consultees must be consulted for both Section 10 and Section 11 variations. However, minor or "relevant" changes will be considered by EA/SEPA without consultation. Relevant changes relate to the way in which the process is carried out.

Substantial change is defined as "a change in operation which in the opinion of the competent authority may have significant negative effects on human beings or the environment".

If you are planning any changes to your operations that may have a significant negative environmental impact and if that change is deemed to be a “substantial change”, you may be required to apply for a permit under PPC ahead of the transitional date for your sector (see IPPC Transitional Schedule). An operator may decide to reapply for IPPC permits for all its prescribed processes at this point.

None to Date

The Environment Agency has announced the launch of an online regulatory system, including environmental permitting. The EA is seeking to unify regulatory activities into an online "one-stop shop" after investing in a new IT project.  It will continue to accept hard copies; however firms will be able to submit applications for permits online.   It is anticipated that all permits would be covered by the system within the next 12-18 months