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Changes to the PPC under the Environmental Permitting Programme

  • Matters which do not change under EPP
  1. 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.
  2. 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

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