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Environmental Law and Management > Environmental Permitting > Flashcards

Environmental Permitting Flashcards

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1
Q

What is the current approach to managing industrial emissions?

A

Pollution prevention and minimisation of environmental harm

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2
Q

What is the PPC regime? What does it ensure?

A

Pollution Prevention Control
BAT is used when preventing, reducing and eliminating pollution, must demonstrate this to get permit
Must ensure activities prevent, reduce and eliminate pollution at source

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3
Q

What 2 principles are associated with managing industrial emissions?

A

precautionary principle

polluter pays principle

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4
Q

Who are the regulators for environmental permits?

A 
Environment Agency (more polluting, heavily contaminated land)
Local Authorities (normal contaminated land, air qual)
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5
Q

What is IPC and LAPC? What was the problem with this?

A

Integrated Pollution Control
Local Air Pollution Control
It applied BATNEEC for releases onto 1 medium and BPEO (Best Practical Environmental Option) for releases into more than one medium

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6
Q

What parts of an organisations activities do permits cover?

A

pre-operation, operation, through to site restoration
must have permit before facility can be built
changes in operations must be pre-approved by the regulator before the change

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7
Q

What happens if you stop using a site which has an environmental permit?

A

You must apply for a surrender permit

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8
Q

How can a permit ensure continual improvement in an organisation?

A

Stipulate an EMS be required for the permit, potentially compliant with ISO 14001
You can also implement continual improvement through reducing emission values etc each time a permit is renewed

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9
Q

What do controls apply to other than emissions?

A

Environmental impacts, mitigation measures would be in place

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10
Q

How has the PPC Regime lead to change?

A

Historic approach was whats the emissions, whats the amount, the PPC approach is more of a life span perspective across time, holistic approach

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11
Q

How do environmental permits act as an entrepreneurial opportunity?

A

Through implementation of BAT, encourages substitution of new materials

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12
Q

What are the 6 main activity types for PPC Regime?

A 
Energy industry
Chemical industry
Metal production and processing industries
Mineral industry
Waste management industry
Other Activities (Installations under IPA IAPC, catchall legislation landfills, food/agriculture etc)
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13
Q

What is the full title for the Environmental permitting regs amendment post brexit? And a summary

A 
Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019
It says the 2016 EPRs will remain the same from the day we leave the EU
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14
Q

What is included in Part A1 installations?

A

most potentially polluting, or those where pollution is known to take place but seen as so important to the economy the pollution is allowed to take place
Covers emissions to air water and land

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15
Q

Who regulates part A1 installations?

A

EA

most difficult permit to apply for

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16
Q

Name 2 aspects of permit coverage for part a1 installations

A

emissions to land, air, water
energy efficiency (BAT applies)
waste reduction
EMS
Raw materials consumption (life cycle impacts)
Noise vibration heat (local ecosystems), not under local authority for nuisance but EA
site condition (must be restored, part of close loop)

17
Q

What are the 2 aspects you would consider for an environmental threshold?

A

What is the level of pollution?

What is the capacity of the surrounding environment?

18
Q

What 3 methods might the EA use to assess an organisation for a permit?

A 
an assessment: a desk based check on whether you are complying with your permit e.g. sending required information
an inspection (usually planned, sometimes not)
sampling of permitted water discharge
19
Q

Can the EA change a permit without notice?

A

Yes

20
Q

Can the EA force entry to check compliance with a permit? and why?

A

Yes, if they have evidence of concern the permit is not being complied with
unlike waste management a date must be agreed with a weeks notice

21
Q

Why might a site be assessed by the EA?

A

If there was a pollution incident on site or in the area,
flood incident or flood risk activities
been a complaint about your activity

22
Q

What might the EA do if they suspect you have broken the law, or you have broken the law?

A

Change a permit (big impact on business)
enforcement notice to cease activities
give advice
remediation notice if there is likely to be a flood hazardous materials must be moved
prosecute if they think its in public interest

23
Q

What changes to the enforcement powers of the EA were made in March 2018? What was it in response to?

A

authority to lock up illegal waste sites and block access in order to prevent tonnes of waste piling up & causing enviro damage
power to made operators clear all waste at a problem site, not just illegal waste
body cameras on all enforcement officers
(part of The Environment Bill 2019)

Public consultation where 90% respondents wanted regulator to take physical steps to curb illegal waste activity

24
Q

What is included in part a2 installations?

A

additional category not covered in IPC
Less pollution potential/smaller scale of harm
air water land emissions

25
Q

Who regulated part a2 installations?

A

Local Authority, unless with water EA is brought in partnership

26
Q

What is LA-IPPC?

A

Local Authority - Integrated Pollution Prevention Control

aka part a2 installations

27
Q

What are part b installations?

A

Air pollution

regulated by local authorities

28
Q

What happens if you breach a part b/LA permit?

A

Enforcement notice, it includes:
suspected breaches
steps to remedy them
time period to take such steps

they may serve a suspension notice if you are or are likely to cause serious pollution

29
Q

What are the penalties for breaching a part b/LA permit?

A

might be a criminal offence, can be imprisoned for up to 2 years
failure to provide info or false/misleading info is an offence
any application can be withdrawn if any info is false or not fully disclosed
remedy the breach or fine/prison
recover costs to remedy (polluter pays)

30
Q

Why would certain waste operations need to apply for an exemption permit?

A

If they are of low enviro risk, they must prove that they aren’t part of the requirements
e.g. recycling activities below permitted thresholds

31
Q

Summarise the Industrial Emissions Directive 2010

A

combines several existing directives
centered on 5 principles
1 integrated approach to pollution
2 BAT as a condition of enviro permits
3 flexibility from permitting bodies where BAT might lead to unreasonable costs (contradicts 2)
4 enviro inspections every 1-3 years based on level of risk
5 public participation in decision making process

32
Q

Summarise the Midland Pig Producers case

A

Midland pig producers wanted to build a pig farm with 24,000 pigs on 100m from a residential area and 250m from a prison
EA rejected permit in 2015, not satisfied the emissions from the farm wouldn’t pollute the environment from significant odour
Inadequate plans to control the odour or let ammonia leach into wildlife areas
42,000 people rejected the proposal

33
Q

Why was the Midland Pig Producers case landmark?

A

Blurs the boundary between the environmental and ethical
Used environmental law to meet ethical agenda
landmark decision to halt intensive pig farming

34
Q

What happened when Midland Pig Producers submitted an appeal to the EA in 2016?

A

A permit was issued by the planning inspector in Dec 2016 for a pig farm and an anaerobic digestion plant (against the regulator, forced them, undermines the environmental regulator)
To implement the EU Directive on Industrial Emissions
The EA said: they do not have the green light, they haven’t got the planning permission

35
Q

What must the EA or regulator ensure at the end of every permit?

A

the conditions of the permit has ensured that the appropriate level of environmental protection has been provided

Environmental Law and Management (13 decks)

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