Additional guidance from the Department for Environment, Food and Rural Affairs, and from the Welsh Assembly Government
AQ 7(05)
A2 installations using waste oil (including roadstone coating)
Background
1. The PPC Regulations require that any installations coming within the scope of the EU Waste Incineration Directive (WID) must make an application for a permit before 1 April this year. This includes any roadstone coating installations burning waste oil which will come under A2.
2. Defra and WAG are aware that some operators may wish to continue burning waste oil until 28 December 2005, which is the date when WID requirements must be met, but not beyond. Other operators may decide that they can meet WID standards and will continue burning waste oil after 28 December 2005.
3. SG9, which covers A2 roadstone coaters burning waste oil, has been subject to final Secretary of State consultation, but will not be published for a few weeks pending consideration of the consultation responses. The draft is on the 'closed consultation' section of the Defra web site.
Advice
4. AQ4(03) set out guidance on the acceptability of less comprehensive applications in certain circumstances. Defra and WAG consider that it would be reasonable for authorities to apply this guidance to cases where operators wish to carry on burning waste oil beyond 1 April this year but have not yet decided whether to continue after 28 December.
5. The full A2 application fees must accompany these less comprehensive A2 applications, which may be retained in full with no refund (please refer to the General Guidance Manual, Chapter 23, para 23.9). Any Environment Agency fee which forms a part of the A2 application fees must also be paid.
6. The requirements to advertise the application and for public consultation still stand. Defra /WAG have alerted statutory consultees of this guidance and advised that they defer comments and await LA notification if an application is to proceed in line with paragraph 9. Statutory consultees should be aware of this guidance and of the need to treat these applications accordingly. It is advisable nonetheless that local authorities identify to consultees these less comprehensive applications from standard A2 applications.
7. It is recommended, where such applications are accepted, that local authorities keep in regular touch with operators as to their intentions and hold back processing the applications until these intentions are sufficiently clear. Where it is clear that an installation will not burn waste oil beyond 28 December 2005, it is recommended that the application should simply remain on file until that date.
8. (It should be noted that under paragraph 16 of Schedule 4 to the PPC Regulations, failure to determine an application within the 4-month determination period does not affect the application in any way unless the operator notifies in writing that he or she treats the failure as a deemed refusal of a permit.)
9. When, at any point between 1 April and 28 December 2005, operators notify a firm decision to continue operating using waste oil beyond 28 December 2005, local authorities should seek any information necessary to make the application fully comprehensive. The Part B authorisation/permit will remain in force in the usual way until the A2 application is determined.
10. Where an operator decides not to continue using waste oil beyond 28 December 2005, the application should be withdrawn on that date. The installation will continue thereafter to be regulated under its existing Part B authorisation/permit. Details of the withdrawn A2 application are not required to be held on the public register.
11. In both cases, Part B subsistence charges will need to be paid for 2005/6 (details of which should be published by the beginning of March). In the case of installations transferring to A2, Part B charges will cease to be payable when an A2 permit is granted.
IMPORTANT - Those local authorities who have not have issued the Part B PPC permit, which replaces the Part B EPA authorisation, must do so before the A2 application is withdrawn. It remains the Defra/WAG view that such replacement permits can, at least initially, be replicas of the EPA authorisation except for necessary changes to reflect PPC terminology. Any operators who withdraw their A2 applications whilst still in possession of an EPA authorisation will be operating illegally on the day the application is withdrawn.
The Quarry Products Association is aware of this guidance.Any queries about this guidance should be raised with Phil Pope (020 7082 8391) or Andy French (020 7082 8390) in Defra, or with Nicola Britton in WAG on (02920823499)
Defra/AEQ
March 2005
Page published: 4 March 2005