Deepwater Disaster – BP Oil Spill (Documentary)
THE ENVIRONMENTAL PROTECTION AGENCY
Integrated pollution control
Part IV of the Act is concerned with integrated pollution control. This Part introduces a new approach to the system of licensing and the permits required in respect of the various media. Before the passing of this Act, separate licences would be required under the Local Government (Water Pollution) Act 1977, the Air Pollution Act 1987, and the Fisheries Acts 1995 to 1997 and under the various waste regulations.
However, the Act introduces a new approach for certain activities which are specified in the Act, whereby only one licence will be required to cover emissions to the environment in general. This licence will be granted by the Agency, as opposed to the other types of environmental licences, which are granted by the local authority for the functional area in which the activity in question will be, or is, carried on.
Obtaining an IPC licence
Section 82(2) of the Act prohibits a person from carrying on an activity, other than an established activity, on or after such day as may be prescribed unless a licence or revised licence under Part IV is in force in relation to the activity.
Grant of an IPC licence
An application for an IPC licence is made to the Agency in accordance with any regulations made under s 83 of the Act. Section 83(1) states that where an application is made to the Agency for an IPC licence under Part IV it may, subject to s 99A of the Act and to compliance with any regulations made under s 89, grant the licence subject to, or without, conditions or refuse the application. In considering an application for a licence, or the review of a licence or revised licence under Part IV, the Agency is required by s 83(3) of the Act to have regarded to:
(a) Any relevant air quality management plan under s 46 of the Air Pollution Act 1987, or water quality management plan made under s 15 of the Local Environment (Water Pollution) Act 1977, or waste management plan;
(b) Any relevant noise regulations under s 106;
(c) Any special control area order under s 39 of the Air Pollution Act 1987, in operation in relation to the air concerned;
(d) The policies and objectives of the Minister of the Environment in relation to the prevention, elimination, limitation, abatement or reduction of emissions for the time being extant;
(e) (i) The environmental impact statement (if any) submitted with the application;
(ii) Any submissions or observations made to the Agency in relation to the environmental impact statement;
(iii) Any further information or particulars submitted in relation to the environmental impact statement in compliance with a notice given under regulations under s 89; and
(iv) Where appropriate, the comments of other member states of the European Communities in relation to the effects on the environment of the proposed activity;
(f) Insofar as the statement, submissions, observations, information or particulars relate to the effects on the environment or emissions from the activity;
(g) Such other matters related to the prevention, elimination, limitation, abatement or reduction of emissions as it considers necessary.
The Agency is precluded by s 83(5) of the Act from granting an IPC licence or revised licence for an activity unless it is satisfied that:
(a) Any emission from the activity will not result in the contravention of any relevant air quality standard specified under s 50 of the Air Pollution Act 1987, and will comply with any relevant emission limit value specified under s 51 of the Air Pollution Act 1987;
(b) Any emissions from the activity will not comply with, or will not result in the contravention of, any relevant quality standard for waters, trade effluents and sewage effluents and standards in relation to the treatment of such effluents prescribed under s 26 of the Local Government (Water Pollution) Act 1977;
(c) Any emissions from the activity or any premises, plant, methods, processes, operating procedures or other factors which affect such emissions will comply with, or will not result in the contravention of, any relevant standard including any standard for an environmental medium prescribed under regulations made under the European Communities Act 1972, or under any other enactment;
(d) Any noise from the activity will comply with, or will not result in the contravention of, any regulations under s 106 of the Act;
(e) Any emission from the activity will not cause significant environmental pollution;
(f) The best available techniques will be used to prevent or eliminate or, where that is not practicable, generally to reduce an emission from the activity;
(g) Having regard to Part III of the 1996 Act, production of waste in the carrying on of the activity will be prevented or minimized or, where waste is produced, it will be recovered or, where that is not technically or economically possible, disposed of in a manner which will prevent or minimize any impact on the environment;
(h) Energy will be used efficiently in the carrying on of the activity;
(i) Necessary measures will be taken to prevent accidents in the carrying on of the activity and, where an accident occurs, to limit its consequences for the environment and, in so far as it does have such consequences, to remedy those consequences;
(j) Necessary measures will be taken upon the permanent cessation of the activity (including such a cessation resulting from the abandonment of the activity) to avoid any risk of environmental pollution and return the site of the activity to a satisfactory state; and
(k) The applicant or licensee or transferee, as the case may be, is a fit and proper person to hold a licence, and, where appropriate, the Agency shall affect conditions relating to the matters specified in the foregoing subparagraphs of the licence or revised licence. 4.9.3
Effect of the granting of the IPC licence
Section 84(1) of the Act states that where a licence or a revised licence is required under Part IV of the Act in respect of an activity, a licence under (a) Part III of the Air Pollution Act 1987; or
(b) s 4 or 16 of the Local Government (Water Pollution) Act 1977; or
(c) s 171 of the Fisheries (Consolidation) Act 1959, shall not be granted in relation to such activity.
Section 84(3) states that it shall be good defence:
(a) To a prosecution for an offence under any enactment other than Part IV of the Act; or
(b) To proceedings under s 10 or 11 of the Local Government (Water Pollution) Act 1977, s 20 of the Local Government (Water Pollution) (Amendment) Act 1990, ss 28, 28A or 28B of the Air Pollution Act 1987, s 57 or 58 of the 1996 Act, or s 94 of the Act, to provide that the act complained of is authorised by a licence or a revised licence granted under Part IV of the Act.
Conditions attached to a licence
Section 86(1) of the Act gives examples of the type of condition which may be attached to a licence or a revised licence granted under Part IV of the Act. Section 84(2) makes it an offence not to comply with any condition attached to a licence or a revised licence.
Planning permission
Where planning permission has been granted under Part IV of the Planning Act 1963, or an application has been made for such permission, in respect of an activity, the Agency may under s 86(8)(a) consult with the planning authority in whose functional area the activity is, or will be, situated, in relation to any development which is necessary to give effect to any conditions to be attached to an IPC licence or revised licence and which the Agency considers is not the subject of a permission, or an application for a permission, under s 34 of the 2000 Act.
The Agency may, in accordance with s 86(8)(b) of the Act, attach any conditions specified by the planning authority or stricter conditions if the Agency considers it necessary to do so to prevent, limit, eliminate, abate or reduce emissions.
Procedure for applying for an IPC licence
The procedure for applying to the Agency for an IPC licence is set out in s 85 of the Act. Section 87(1)(a) provides that where an application is being made for such a licence, the applicant must notify the planning authority for the area in which the activity is, or will be, located, and such other person (if any) as maybe prescribed. He must also give public notice, in accordance with any regulations made by the Minister under s 89 of the Act. Before making its decision under s 83 of the Act on an application for a licence, or under s 90 on the review of a licence or revised licence (including such a review conducted by or of its own volition), the Agency shall notify:
(a) The planning authority in whose functional area the activity is or will be situate;
(b) The applicant or licensee as the case may be;
(c) Any person who has made a written submission in relation to the application or the review; and
(d) Such other persons as may be prescribed.
Review of an IPC licence
Section 90(1) of the Act sets out the circumstances in which an IPC licence may be reviewed by the Agency. Such a licence may be reviewed:
(a) At any time with the consent, or an application of, the licensee;
(b) Periodically or after such period as may be prescribed (but not before the expiry of three years from the date on which the licence or revised licence was granted);
(c) If the Agency considers-
(i) That emissions from the activity to which the licence or revised licence related are, or are likely to be, of such significance that the existing emission limit values, or equivalent parameters or technical measures specified in the licence or revised licence need to be reviewed or newsuch values, parameters or measures, as the case may be, need to be specified in the licence or revised licence,
(ii) That substantial changes in best available techniques make it possible to reduce emissions significantly from the said activity without imposing excessive costs,
(iii) That the operational safety of the said activity requires techniques, other than those currently being used in respect of it, to be used, or
(iv) That such a review is required by virtue of any act adopted by an institution of the European Communities or any agreement entered into by the State, or any enactment passed or made after the licence or revised licence was granted or last reviewed under this section;
(d) If– (I) there is a proposal to make a substantial challenge to the nature or extent of an emission,
(ii) There has been a substantial change, which could not have reasonably been foreseen when the licence or revised licence was granted, in the condition of the environment or an environmental medium in the area in which the activity to which the licence or revised licence relates is situate, (iii) evidence, which was not available when the licence or revised licence was granted, has become available, or a new standard is prescribed relating to the contents or nature of the emission concerned or the effects of the emission on the environment.
Duration of an IPC licence
Section 92(1) of the Act states that an IPC licence or revised licence shall cease to have effect where the activity to which it relates has not been substantially commenced
(a) Within three years after the date on which the licence or revised licence was granted; or
(b) Within the period referred to in s 92(2)(a) and (b) of the Act:
The Agency may, having regard to the nature of the activity to which a licence or revised licence to be granted or granted by it will relate or relates, as the case may be, and any arrangements necessary to be made in connection with the carrying on of the activity and any other relevant consideration–
(a) Specify for the purposes of subsection (1) a period of more than 3 years beginning on the date on which the licence or revised licence is to be granted,
(b) In the case of a licence or revised licence granted by it, on an application which complies with such requirements (if any) as may be prescribed being made by the licensee in that behalf, extend for the purposes of subsection
(1) The period referred to in that subsection or specified by it under paragraph (a), as may be appropriate.
Alteration of an activity
Where a person in charge of an activity in respect of which an IPC licence or revised licence is in force or required under Part VI of the Act, or an established activity which, for the time being, does not require a licence, proposes to alter the activity and such alteration or reconstruction would or would be likely to materially change or increase emissions or cause new emissions from the activity, he is obliged by s 98(1) to give notice of his proposal in writing to the Agency.
Section 98(2) (a) states that where the Agency receives notification under that section or otherwise becomes aware of such alteration or reconstruction, where a licence exists in respect of the activity, it may either review that licence under s 90 or direct the person in charge of the activity to apply for a new licence. Where the activity is unlicensed, the Agency may require the person to apply for a licence pursuant to s 98(2) (b) of the Act. Until the Agency has carried out its review of the licence, or a new licence has been granted, the person may not carry out the proposed alteration.
