Unit 6: Current Legislation Affecting UK Industry: Atmosphere

6.2.2 Applying For An Authorisation

The Environment Agency (or SEPA in Scotland) is empowered to grant a process authorisation, (subject to conditions laid out in EPA 1990), or to refuse an application. An application must be refused if it does not consider the applicant capable of undertaking the process in compliance with the conditions of the authorisation. These conditions state the limits for releases into the environment, monitoring requirements and process operational controls. In setting these conditions, section 7 of EPA 1990 places the environment agencies under a duty to ensure that:

  • The operator is using BATNEEC- the best available techniques (both technology and operating practices) not entailing excessive cost to prevent or, if that is not practicable, to minimise the release of prescribed substances and render them harmless.

  • The authorised releases do not breach any direction given by the UK government to implement EU or international obligations concerning environmental quality standards or objectives.

  • Where it is highly likely that a process will involve releases into more than one environmental medium, the operator adopts the best practicable environmental option (BPEO) to achieve the least overall effect on the environment as a whole.
IPC therefore requires the operators of Schedule A prescribed processes to consider the impact of all releases to air, water and land upon them applying for a process authorisation. Compromises may be reached during the process of authorisation. For example, an operator of an existing process can continue to operate whilst the application is still in the process of being determined. The granting of process applications may also be undertaken even when the required operating conditions have not been met should there be a plan in place to address the pollution control conditions by a specified date. Regulators may absolutely insist on applying more stringent BATNEEC standards when the operator of the process is located in an area, which is particularly environmentally sensitive.