PPC : Review of the PPC Charging Scheme : Meetings : 23rd November 2007

Present: C Bayes (Chair - SEPA), R Robertson (S.Exec), D Forrest (UKPIA), P Loggie (NFUS), M Garden (SWA), I Stewart (CIA), B Martin (Scot Eng), S Freeland (SESA), J Shaw (SEPA), A Sharp (SEPA), J Povlsen (SEPA), J Burns (SEPA), P Gorman (SEPA) – part of, F Weir (SEPA)

Update on PPC progress: C Bayes/ J Burns – Transitional period ended 31/10/07, Only 4 Part A permits not determined (due to CC claim or enforcement notice issues). ~ 19 applications refused, mainly landfills and other waste activities.  Determinations have included Habitats Appropriate Assessments where required, e.g. Intensive Agric, power stations, refinery.

Next steps for PPC include internal review & learning points, finalise reporting requirements, review/ revise permit templates where necessary, and development of compliance / new charging scheme.

CB highlighted that many permits have upgrade conditions which will require completion/ inspection.  Also acknowledged that some other work, particularly COMAH has suffered during last year – SEPA now to focus on this, and catch up.

JWB stated that changes to templates will be implemented when other changes made for a permit, e.g. variation, periodic review etc.  Any suggestions for changes welcome (to J Burns (john.w.burns@sepa.org.uk except for waste activities, which should go to PPC Waste Manager; Adrian.bond@sepa.org.uk

CB stated that SEPA has no plans for a central permitting system. SEPA is watching closely how the EPP system develops in England & Wales. Regime is attractive to SEPA, and may be introduced in Scotland once it has bedded in down south. (Item for future user group presentation)

R Robertson acknowledged the considerable effort made by SEPA in getting all permits determined within IPPC deadline.

P Loggie stated that SEPA approach to Intensive Agric permits (site visit during determination etc) had paid dividends.

D Forrest commented that some permits issued in late Oct will need amendments, including NERP conditions (Large Combustion Plant). CB acknowledged that some ‘tidying’ would be required in near future.

Update on Compliance Project: Presentation by J Burns on behalf of Project Manager (J Leonard), as given recently to SEPA unit managers.  Presentation to be placed on website.  System to be implemented by SEPA in 2009, for applying compliance factor into charges for 2010.  A ‘compliance matrix’ has been drawn up for rating ‘environmental limit compliance’ and environmental management standards’.

Initial user group feedback was that some of descriptors could be better. E.g. use of ‘unsatisfactory’?, unsatisfactory rating for a minor breach, but with good env management performance is a bit harsh?  Needs better definition, a weighting system, tie-in wording with that in permits? It was suggested that the

Link to effect on charging to be developed through financial modelling.

Suggestions for initial development of scheme – sliding scale, 2/ 3/ 5 categories?  Will not be easy to implement so better to start off with very basic system, e.g. just 2 categories (satisfactory/ unsatisfactory – similar to current OPA?  With no change to charges for satisfactory performance, but penalty for unsatisfactory? Rewards for very good performance to be introduced later.

 Must recognise that new PPC regime may well lead to more breaches, debate between operators and SEPA over near future.

Compliance framework has to allow use in other regimes – CAR, Rad. Subs. Etc.

External workshops and trial to be held in early 2008, but any initial feedback to presentation welcome – to J Burns

PPC Reporting requirements and issues: J Burns (on behalf of G Broomfield)

Permit template reviews now completed – trying to place emphasis on inspection, supported by data returns, rather than reverse. May extend use of chemical sector register system to other sectors, e.g. for management information.  Changes would be implemented through reviews.

I Stewart would like to see list of proposed changes – to be placed on website. Changes for specific sectors to be discussed with relevant trade associations.

Review of Phase 1 PPC charging scheme review: J Shaw – responses on current consultation required by 31/1/08.  All changes identified to reduce specific charging anomalies will result in decreased charge.  Also summary tables to be introduced to improve understanding of legal scheme.

Regulation 12 Requirements (change notification): Clarification requested by CIA on when required. P Gorman (Process Engineering specialist) explained that this is intended for operator changes that do not require a change to the permit, but that may be considered ‘material’.  Difficult to provide definitive guidance as requirement likely to depend on site-specific circumstances, and communication between operator and SEPA.  SEPA is to develop guidance on this, with examples of when a Reg 12 notification may be required, and place on website alongside guidance on Substantial Change.

IPPC Directive Review: Conclusions from European Commission's review not yet formally released - due shortly; however an unofficial draft of a revised Directive has apparently found its way into the public domain.  R Robertson was aware of this but confirmed that this version was purely a European  Commission internal working draft. .  Not appropriate for discussion until formally released (item for next meeting). SEPA to put link to doc on website.

AOB: Incident Reporting – raised by I Stewart.  This is to be agenda item at forthcoming CIA/ SEPA meeting, so  agreed that discussion to be held within that meeting, and then any proposals/ issues to be discussed at next user group meeting.