Transcript 567_06 Site waste management plans (SWMPs)

Environmental Permitting
Regulations 2007
Tom Fowler – Environment Officer
© Environment Agency 2006
Environmental Permitting
Regulations
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The regulations came into force on the 6th April 2008
The regulations combine Pollution Prevention and
Control (PPC) and Waste Management Licensing
(WML) regulations
The Environmental Permitting (England and Wales)
Regulations 2007 SI 2007 No. 3538
The Environmental Permitting
Regime
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Aims to:
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Protect the environment
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Deliver permitting and compliance effectively and efficiently with
increased clarity and minimising administrative burden.
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Encourage regulators to promote best practice
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Continue to implement European legislation
The Environmental Permitting
Regime
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The Scope of the Regime:
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Covers facilities previously regulated under the PPC and WML
regulations and exemptions
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It extends to England and Wales and now covers the adjacent sea as
far as the territorial boundary
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The Legal Framework
The Environmental Permitting (England and Wales) Regulations 2007
SI 2007 No. 3538
The Regulations set out the following
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The facilities that need environmental permits or
need to be registered as exempt
The process for registering exemptions
How to apply for and determine permit applications,
and the administration of permits after issue
A simplified permitting system called standard rules
Compliance obligations and enforcement powers and
offences
Provision for public participation in the permitting
process
EPR PRINCIPLES
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The main offence under the regulations is operating
without a permit or the contravention of permit
conditions
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Regulators are expected to apply the regulations in
proportion to the environmental risk presented by the
facility
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Regulators should exercise their function in an open
and transparent manner
© Environment Agency 2006
The Regulations:
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Are made of various schedules:
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Part A Installations (Old PPC) - Sch 7
Part B Installations (Old PPC (local authority) - Sch 8
The Waste Framework Directive - Sch 9
The Landfill Directive - Sch 10
Waste Motor Vehicles (End of Life Vehicles) - Sch 11
Waste Electrical and Electronic Equipment Directive – Sch 12
Waste Incineration Directive – Sch 13
Solvents Emission Directive - Sch 14
Large Combustion Plants Directive – Sch 15
The Asbestos Directive – Sch 16
The Titanium Dioxide Directive – Sch 17
The Petrol Vapour Recovery Directive – Sch 18
© Environment Agency 2006
What Facilities Require an
Environmental Permit?
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Regulated Facilities
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An installation (Sch1 of the regs)
A Waste operation
A mobile plant (carrying out a Sch 1 activity or a
Waste operation)
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Some activities are exempt or excluded
© Environment Agency 2006
Single Permits:
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A single permit can only be granted
when:
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The regulator is the same
The operator is the same, and
The facilities are on the same site (except for
“standard facilities” not including installations)
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Cannot be granted for:
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Part B installations or mobile plant combined with
other regulated facilities
© Environment Agency 2006
Exempt and Excluded Waste
Operations
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Don’t require an EP
Exempt operations must meet the criteria in part 1 of
Sch 3 of the EPR
Be registered (where required!)
NOT involve hazardous waste or the treatment or
storage of WEEE unless specified in the relevant
paragraph
Excluded Activities are those regulated under other
regimes: FEPA/ WRA/ Groundwater Regs.
© Environment Agency 2006
The Regulator:
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Environment Agency Regulates:
Part A(1) installations and mobile plant
Waste Operations
The relevant local authority regulates:
Part A(2) regulations
Part B (local air PPC)
Part A(2) and B mobile plant and associated waste
operations
© Environment Agency 2006
Environmental Permits:
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Only a person in control of a facility may obtain or
hold an Environmental Permit
Where 2 operators run different parts of a regulated
facility they will each need an EP
Existing permits and licences will automatically have
become EPs on the 6th April (with some exceptions)
© Environment Agency 2006
Application for a Permit:
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Lots of guidance and all the forms on the EA EPR
pages.
Ring Us….
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Time Scales:
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2 Months for a transfer
3 Months for a surrender/ mobile plant or a
“standard facility”
4 Months for a new application or a variation
needs public participation
© Environment Agency 2006
Standard Permits:
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A set of common rules for a specific class of facility
The Agency has produced 28 standard rules permits for low to
medium risk activities: Waste transfer and treatment operations,
Biological treatment of waste, Sewage sludge treatment, Waste
Electrical and Electronic Equipment (WEEE), Metal recycling,
Clinical and healthcare waste, Animal carcass incineration,
Mobile plant for the treatment of waste soils and contaminated
material, substances or products
No further site-specific risk assessments are required
No public consultation required
Operators can apply to operate under the standard rules if they
meet the criteria
© Environment Agency 2006
Operator Competence
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The regulator must consider the operators
competence when issuing a permit.
The operator must have an adequate management
system
The operator must have adequate technical
competence
The operator must have adequate financial
competence
The operators previous compliance is taken into
account
© Environment Agency 2006
Management Systems
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Must be in place and are risk based
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Complex regulated facilities are encouraged to use formal
environmental management systems such as ISO14001 or EMAS
equivalent.
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Less complex sites should have a stepwise approach such as
BS8555
Agency regulatory effort will focus on ensuring good
management and identifying root causes of problems
Compliance Assessment
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Risk Based
Targeting activities that:
 Pose the greatest risk to the environment or human health
 Have poorer standards of operation
 Are failing to comply with permits
 Are having the greatest impact
Reducing regulatory burden on operators whose
standard of operation is consistently high