Changes to the PPC under the Environmental Permitting Programme
- Matters which do not change under EPP
- There are no changes to the sectors regulated or the split between A 1, A2 and B, aside from the possible involvement in waste regulation at Part B installations described above.
- There is no significant change to the system of applications, permits, fees and charges, Best Available Technology (BAT), appeals, offences and enforcement, permit reviews, triviality,
- Summary of main changes to PPC
The EPP Regulations bring together the PPC and waste licensing regimes, and provide a framework for including other regulatory regimes. There have had to be some changes to the LA-IPPC and LAPPC regimes to fit into this framework, but these are limited. The following is a list of the headline changes.
The structure of the Regulations is very different. Where a Part B activity and a waste activity form part of the same installation, there are procedures for it to be under just one regulator, which can be the local authority.
- Applications can be made electronically and must be on the form provided by the authority.
- New right of appeal against deemed withdrawal of an application because an information request is not fulfilled.
- Reduced scope to withhold confidential information from the public register.
- No longer mandatory statutory consultees - now public and national consultees.
- No longer mandatory newspaper advertisements.
- Expanded guidance on assessing operator competence in the Manual .
- Implied BAT condition no longer contained in permits newly issued under the EPP Regulations, but existing permits retain it.
- Amended guidance on the interface between BAT and national (ie non- EU) air quality objectives.
- Reference to forthcoming statutory Regulators' Compliance Code.
- New advice on the choice between enforcement notices and prosecution.
- New defence of acting in an emergency which is applicable to certain offences.
- The test for serving a suspension notice no longer includes whether the risk of serious pollution is imminent.
- The public register can be in electronic form.
- No information has to be kept on the public register if it is no longer required for public participation issues.
- The Manual covers the new European Pollutant Release and Transfer register requirements