The system of Pollution Prevention and Control ("PPC") permits is progressively replacing the system of Integrated Pollution Control ("IPC") authorisations. This is essential for the UK to comply with its obligations under the Integrated Pollution Prevention and Control ("IPPC") Directive.
As part of that process, power stations with combustion activities that currently still operate under IPC authorisations will have to submit an application for a PPC permit. Failure to do so could lead to fines and, potentially, imprisonment. Installations operating without a valid permit could also be forced to close. For large power stations (with a rated thermal input of 50 megawatts or more) and for smaller power stations that burn waste oil or other waste, the time period for applications in Great Britain is 1 January 2006 to 31 March 2006. For installations of this kind in Northern Ireland the relevant period is the month of April 2006.
The holder of an IPC authorisation will not automatically be granted a PPC permit. It must satisfy the requirements of the relevant PPC Regulations in essentially the same way as a new applicant. The conditions attached to a permit are generally based on the outcome of discussions between the operator and the regulator, but disputes can arise in particular where there are perceived to be local environmental effects.
Where an installation needs to up-grade its operations, the UK envisages that an improvement plan will be included in the permit for that installation. This view is somewhat at odds with that of the European Commission, which considers that all installations must operate to the full standards of the IPPC Directive by 30 October 2007.
Except where an application is referred to the Secretary of State or where it is necessary to consult with another EU member state, the applications should be determined within 4 months (9 months in Northern Ireland) of the date of the application unless the operator and the regulator agree to a longer period.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 12/01/2006.