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CHAPTER 4: HOW TO ENSURE YOU COMPLY WITH THE NEW REGULATIONS

As noted in the previous chapters, all waste incineration installations must be subject to a permit by the compliance dates set out in Chapter 3. The permit must include conditions that give effect to the technical requirements set out in Chapter 5 by that date.

In order to ensure that these requirements are fulfilled, the Regulations set out a process that requires operators of waste incineration installations to make an application for a permit or a variation to their existing authorisation. This chapter sets out when and how operators of waste incineration installations should make such an application.

SEPA has been directed by the Scottish Executive to include conditions in some existing permits and authorisations requiring operators to make an application in line with the dates set out in the regulations. You may have received a variation notice from SEPA to add such a condition to your current authorisation or permit.

The date when an application must be made to SEPA depends on whether the plant is new or existing for the purposes of the Regulations. For existing installations, it also depends on how the plant is regulated at present.

4.1 New waste incineration installations

Plants that do not meet the definition of 'existing waste incineration installation' (see paragraph 3.3) needed to comply with the requirements of the Regulations from 1 April 2003 (when the Regulations came into force). Operators of new waste incineration installations put into operation on or after 1 April 2003 must hold a PPC permit that meets the requirements of the regulations before putting the plant into operation.

However, the Regulations applied to new plant from 28 December 2002. The Regulations provided transitional arrangements for new installations that were put into operation after 28 December 2002 but before 1 April 2003. In these cases the operator of the installation was required to apply for a variation to their permit by 30 September 2003. This allowed a period of six months after the Regulations came into force. If an application was made within this transitional time period then the operator was permitted to carry on operating the installation in compliance with the existing permit until the varied permit superseded it.

4.2 Existing waste incineration installations

The date when operators of existing waste incineration installations should apply for a PPC permit depends on the type of plant and how it is permitted at present. The three main scenarios are set out below.

Scenario 1: Existing waste incineration installations that fall within Schedule 1, Part 1, Section 5.1, Part A paragraphs (a), (b), (c), (d) and (e) of the Regulations

Operators of plants falling within these parts of Section 5.1 are required to make a PPC application during the following period (but see also section 4.8):

This represents an adjustment of the original PPC transitional timetable in order to ensure that all plants are subject to a permit by 28 December 2005.

Operators of plants falling within these parts of Section 5.1 will need to include the additional information set out in Section 4.5 of this guidance when they make their application for a PPC permit. Where a permit is granted by SEPA, it will include conditions giving effect to the technical requirements set out in Chapter 5.

Operators of plants falling under paragraphs (f) and (g) of Part A of Section 5.1 are not waste incineration installations within the meaning of the Regulations. Operators of such plants are required to make an application for a PPC permit in line with the original PPC transitional timetable of 1 June to 31 August 2005. Applications for permits for these installations do not need to include the information set out in Section 4.5.

Scenario 2: Existing waste incineration installations which presently have an authorisation under EPA (except for one mentioned in Section 5.1 of Part 1 of Schedule 1 to the PPC Regulations) and whose relevant period to apply for a PPC permit is not until after 31 March 2005

Not all co-incineration plants fall under Section 5.1 of Part 1 of Schedule 1 to the PPC Regulations. A number will currently be regulated under EPA and will transfer to PPC as part of a Part A installation under other sections of Part 1 of Schedule 1.

Existing waste incineration installations regulated under EPA which are not required to apply for a PPC permit until after 31 March 2005 have the following options for complying with the requirements of the Regulations (but see also section 4.8):

• Applying for a variation of their EPA authorisation between 1 January and 31 March 2005 to include additional conditions that comply with the Regulations, followed by an application for a PPC permit in line with the timetable set out in the PPC Regulations relevant to the installation; or
• Applying for a PPC permit that is fully compliant with the Regulations between 1 January and 31 March 2005.

The information which should be included in applications under either option must be consistent with the requirements set out in Section 4.5 of this guidance. The relevant permit or variation will include conditions to give effect to the technical requirements of Chapter 5.

Note that any co-incineration plant which is newly brought into PPC, or which moves from Part B to Part A as a result of the Regulations, will fall within Section 5.1 and must apply in line with scenario 1 above. The allowance for plants to comply with the Regulations by way of making an application for a variation to an authorisation under EPA applies only to those co-incineration plant currently regulated under EPA for which the installation is not due to phase into PPC until after March 2005.

Scenario 3: Operators of:

• existing waste incineration installations which presently have an authorisation under EPAand have a relevant period such that they are subject to a PPC permit on 31 December 2004; or
• existing waste incineration installations that already have a PPC permit

Existing waste incineration installations that will hold a PPC permit on 31 December 2004 are required by the Regulations to apply for a variation of the conditions of that permit, between 1 January and 31 March 2005, in order to ensure compliance with the Regulations (but see also section 4.8).

Plants that fall within this description are as follows:

1. existing waste incineration installations that were issued with a PPC permit from commencement of the activity; or
2. existing waste incineration installations which presently have an authorisation under EPA and have a relevant period such that they are subject to a PPC permit on
   31 December 2004.

For operators falling within option b) above, the Regulations allow for an application to be made, with the consent of SEPA, before 1 January 2005. This gives operators the option of applying for the PPC permit and having conditions that are compliant with the Waste Incineration Directive included at the same time, hence preventing duplication. SEPA will allow early application in order to avoid the need for duplication by operators.

Operators whose relevant period is towards the end of 2004, and therefore may not have a permit on 31 December 2004, are strongly advised to consider their application options to ensure they do not end up needing to submit duplicate applications.

The information which should be included in applications under either option must be consistent with the requirements set out in Section 4.5 of this guidance. The relevant permit or variation will include conditions to give effect to the technical requirements of Chapter 5.

4.3 Substantial change

The Regulations expand the definition of 'substantial change in operation' within the PPC Regulations in relation to waste incineration installations. As well as the current definition any existing incineration or co-incineration plant that burns hazardous waste for the first time will be classed as having undergone a substantial change in operation.

4.4 Provision for existing waste incineration installations to comply with the Regulations early.

In addition to scenario 3 above there may be a few cases where operators wish to comply with the Regulations early, by combining their application for a permit to comply with the Regulations with another application that they are making for operational reasons (e.g. an application for a variation of a permit). Operators must secure the agreement of SEPA before making such an application. SEPA may then agree to include conditions that meet the requirements of the regulations ahead of the time at which they would otherwise need to be included in the permit.

4.5 Content of applications

The information that must be included in a standard application under EPA and PPC is well defined in the relevant legislation. The Regulations require additional information to be included in applications for permits or variations related to waste incineration installations. Section 4.2 sets out when the additional information must be provided.

The additional requirements for applications are set out in paragraph 1B of Part 1 of Schedule 4 to the PPC Regulations (inserted by the new Regulations). Part 1 of Schedule 4 (applications for PPC permits) and Part 1 of Schedule 7 (variation of conditions) have been adjusted to refer to these requirements. The information to be included in applications for EPA variations should be consistent with these requirements.

The following summarises the additional information required as part of the application:

Design & Operation

• Demonstration that the plant is designed equipped and operated to meet the requirements of the Regulations taking account of the categories of waste to be incinerated;
• Plant capacity, categories of waste (according to the European Waste catalogue) to be treated in the plant including their quantities, systems for receiving, storing and handling of waste on site;
• Information on temperatures and residence time (including measurement and validation methods), waste feed interlock to stop waste feed when the temperatures are below the permitted levels, provision of auxiliary burners including the description of proposed auxiliary fuel;
• In the case of a request for derogation from the temperature or residence time requirements, justification for the proposal and its effect on the quality and quantity of residues produced and the emissions into air of TOC and CO;
• In the case of abnormal operating condition, how will the dust emissions be controlled to below 150 mg/m ³;
• Information on the predicted emissions to air and water and show how the Directive's emission limits will be complied with at all times (e.g. by showing that there are enough operating margins between the predicted emissions and the ELVs);
• Where an applicant is looking for a time-limited derogation from NO _x limits (as allowed by the regulations), a BAT justification for these higher limits must be provided;
• Applications will need to include details of stack height calculations, dispersion calculations and the environmental impact of the emissions from the plant to demonstrate that human health and the environment will be protected;
• The applicants for co-incinerator plants will need to provide the information on the process and their conventional fuels and emission predictions or measured emission values; and
• Information on methods and handling of waste waters on the site shall be provided to particularly show that storage areas have been designed in a way that will prevent the unauthorised and accidental releases of any polluting substances into air, soil, surface water and ground water.

Heat recovery

• Information of the use of heat generated from the process - for example through combined heat and power, generation of process steam or district heating including proposals for future improvements in heat utilisation.

Residues

• The quality (total organic carbon content and/or loss on ignition) and quantity of residues produced, handling and storage of these residues, proposals for minimising/recycling and disposal, and information on the chemical constituents of the residues.

Monitoring

• Applicants will need to provide the details of the monitoring techniques they will employ to meet the requirements of the regulations. In particular, they will need to confirm that they will apply the CEN standards where available and, when such standards are not available, they will use ISO or national or international standards (subject to the agreement of SEPA); and
• Details of the monitoring points and the monitoring equipment to be used, especially the continuous monitors ( CEMs). In the case of a plant already in operation, the applicant will need to confirm that all CEMs will have been fully commissioned and operational by the date on which the regulations apply (e.g. 28 December 2005 for existing plants). They will also need to show that the CEMs have been calibrated to CEN standards by the above date.

In the event that the application does not contain the required information, SEPA may reject the application as not duly made. If clarification is needed SEPA may serve notices requiring additional information to be provided before determining the application If a duly made application has not been lodged by the due date,, then continued operation of an existing plant is not covered by the existing authorisation and SEPA may initiate enforcement action for operating an installation without a permit.

4.6 How to make an application

Applications need to be made on the appropriate application form and accompanied by the relevant application fee.

Application forms, level of fees and further advice can be obtained from:

• The local SEPA office (see telephone directory for contact details); or
• SEPA's website at www.sepa.org.uk

4.7 Time scale for compliance

Existing incineration and co-incineration plants that are subject to the requirements of the Regulations must be compliant by 28 December 2005. Operators must submit a duly made application to SEPA between 1 January and 31 March 2005. Applicants must recognise that time is needed by SEPA to determine applications and to discuss upgrade requirements with applicants, followed by time for the upgrading to be carried out before 28 December 2005. No upgrade programme is allowed after December 2005. It is recommended that applicants approach SEPA allowing plenty of time.

4.8 Operators planning to stop incineration before 28 December 2005

It is recognised there may be some operators of existing waste incineration installations who plan to stop burning waste before 28 December 2005. They might include, for example, small waste oil burners in garages and roadstone coaters. In these cases, it is accepted that operators will not wish to make an application for a WID-compliant permit during the application period 1 January to 31 March 2005. The Scottish Executive has, therefore, amended the PPC Regulations to introduce a "presumed notification" system to address this situation. This amendment, which came into force on 1 April 2005, was introduced through the Pollution Prevention and Control (Scotland) Amendment Regulations 2005 ( SSI 2005 No 101). It provides that operators of existing waste incineration installations who do not apply for a WID-compliant permit or authorisation by 31 March 2005 shall, subject to certain conditions, be presumed to have made notification to SEPA of their intention to stop incinerating waste in that installation before 28 December 2005.

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