How to tell if you

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How to tell if youre under IPPC

• SORIS meeting, CIRCE
• 8th September 2004
• Janet Murfin, CIRCE TT Environmental

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IPPC background

• IPPC EU directive aims to make business more
  environmentally sound
• Potentially affects all chemical businesses
• IPC on steroids more industries affected,
  smaller businesses involved
• Very detailed application/surrender forms
• Costs to apply, maintain and surrender any PPC
  permit (nb IPPC PPC)

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Where do you stand?

• IPPC is comply or close you need a licence to
  carry out certain operations
• If you dont apply at the right time, you can be
  fined
• Its important to know whether you are under the
  regulations or not
• You dont want to end up under PPC by default/
  accident
• Having a permit is expensive

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PPC permit timetable

• Theres a sliding timetable for applications if
  you have an existing installation.
• Inorganics 2004/05 Some organics (speciality,
  pharmaceuticals etc) - 2006
• If you put in new plant or a new process, you
  must check to see if youll have to apply as a
  new installation before you can start operations

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IPPC costs

• Application, Maintenance and Surrender fees
• EA charges are often pro-rata how big a site,
  what chemicals used, proximity to sensitive
  receptors,
• You also have your consultants time
• EA Charges can be found at www.environment-agenc
  y.gov.uk/business/444669/587179/504799/506594/?ver
  sion1lang_e

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IPPC lifetime costs
One installation, running from 2002 to 2004

• Application fees 8k
• Maintenance fees (two years) 4k
• Surrender fees 12k
• Consultancy fees (2 site reports) 16k
• Total cost 40k
• Cost per year 20k
• Not counting staff time and hassle

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Is my business under IPPC?

• It depends on what you actually do the
  operations you carry out, the substances you
  handle, how you manage risks etc
• Theres no easy answer each site is different,
  so the answer changes
• Also, there are frequent changes to the
  regulations make sure the guidance youre using
  is up to date

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Your operations and PPC
Definitely under PPC
Main criteria
Other parameters include
Chemical synthesis

• Hazardous nature of substances used
• Amounts of substances in use
• Need for abatement

Formulations
Including dilution with minor pH adjustments
Repacking
Warehousing, resale, distribution
Not under PPC
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There are also special cases..

• R D exemption
• Low-impact installation
• SED installation (new amendment 2004)

Why is it so complicated?

• EU directive is complex and PPC is site-specific
  (bespoke, in effect)
• REMEMBER the EA have problems with the PPC
  regulations, too

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What do I have to do?

• Its your job to decide whether you come under
  PPC, and if you do under which section
• You have to make your case to the EA
• They will then agree or disagree
• They wont come to you its your responsibility
• If you have a business which should have a PPC
  permit, and you dont apply, youll be fined

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How do I actually find out whether were under
PPC?

• Follow these five steps
• Know your business
• Check the PPC regulations
• Check the interpretation to the regulations
• Have a good think about it, take advice
• Contact the EA for confirmation - LAST

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Step 1 Know your business

• This may not be as easy as it sounds
• Most SMEs are very flexible and respond quickly
  to customer needs everything changes rapidly
• Look at product families or types what do you
  make or handle how do you do it what raw
  materials do you use what wastes are produced

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Step 2 check the regulations

• Get hold of a copy of the current regulations and
  amendments
• EA Website has PPC regulations (SI 1973, 2000)
  and all amendments www.environment-agency.gov.uk/
  netregs/legislation/287972/652894/658261/?version
  1lang_e
• The relevant section is Schedule 1, Chapter 4,
  The Chemical Industry

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Step 3 check the interpretation

• Get hold of the guidance document which the EA
  use to show whether youre under PPC or not
• The guidance is called IPPC RGS note 4
• Weblink www.environment-agency.gov.uk/commondata/
  105385/ippcrgsno4v2_412508.pdf
• Relevant part again, Chapter 4 The Chemical
  Industry

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Step 4 Have a think, take advice

• Could you alter what you do to avoid going into
  PPC?
• Is there anything that would suggest you dont
  come under the regulations?
• Do you need help from a consultant?
• nb whether to go into PPC or not can be a
  business decision, so the owner has the final say
  its their money

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Step 5 confirm with EA

• Find out who your local inspector is at the EA
  call 0870 8 506 506
• Talk to them over the phone, or have a meeting at
  their office
• Follow up with a letter outlining your processes,
  and ask for a decision in writing
• Retain their reply on file repeat the exercise
  if you change your operations significantly

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If you do come under IPPC

• Make sure you know exactly the reasons why you
  do check Schedule 1 in the regulations check
  the interpretation again
• Get it confirmed at this stage, in writing, from
  the EA
• Find out your deadline (usually a 3 month
  period).
• Plan to start your application about a year to 18
  months before the deadline

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Note you may come under several categories for
PPC

• Example you make surfactants.
• You could class yourself as organic chemicals
  (nitrogen chemistry) due 2003 (your application
  would be late!)
• Or you could class yourself as surfactants, due
  2006
• nb where you use different types of chemistry,
  the largest volume handled usually takes
  precedence but confirm this with EA

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Example 1 - know your business
Product types How handled Raw materials Wastes
esters Synthesis. (bulk storage) Fatty acids, alcohols washings to sewer
pesticides formulation Pesticides, solvents Special waste
fertilisers formulation NPK etc Washings to sewer
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Example 2 - check the regs

• For esters due June to August 2006 as theyre
  surfactants
• For pesticides formulation n/a as long as no
  pesticide discharge to sewer
• For fertiliser formulation seems to be included
  in June to August 2005
• PROBLEM why is fertiliser formulation included,
  but pesticide formulation is not?

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Example 3 - check the interpretation

• RGS note 4 says that fertilisers are produced for
  PPC purposes if a chemical reaction takes place,
  and in chemical plant and its for commercial
  purposes
• Fertiliser formulations, involving mixing and
  minor pH adjustments, are NOT under PPC, despite
  initial reading of regulations
• It pays to read the small print!

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Example 4 - think about PPC

• If I dont make the esters, I wont be under PPC
• It will cost me more to be in PPC than the
  profits from the esters anyway
• We wont have a competitive advantage if we are
  in PPC
• Decision end ester production before 2006 to
  avoid going into PPC

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Example 5 - confirm with EA

• The company stopped ester production
• They talked to their local Inspector, wrote a
  letter explaining what they do, and have received
  written confirmation that theyre not under PPC.
• Everybodys happy the company know where they
  stand, and the EA know the company are a non-PPC
  business

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You may be wary of asking the EA for their opinion

• Some reasons why smaller chemical businesses
  dont want to talk to the EA
• They dont know we exist
• I want to keep my head down
• If they know about us, well be inspected and
  pestered and itll be terrible hassle
• Im worried theyll charge us
• They might ask us about other regs like COMAH

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If youre wrong about PPC

• The EA will find out eventually, and they will be
  down on you like a ton of bricks, including
  fines, back-charges etc

but if you ask the EA politely

• Theyll be willing to help (and impressed)
• Itll be off the public record, at this stage
• Itll be FREE, GRATIS FOR NOTHING

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If youre certain youre not in PPC

• Then you probably dont need to contact the EA
• But you still need to keep any eye on your
  business to make sure you dont stray into PPC
  territory (just like you would with the COMAH
  regulations)

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Summary

• Find out if youre in IPPC or not from the
  regulations, and check what the regulations mean
  using the interpretation document RGS no 4.
• Confirm this with your EA inspector
• If youre in IPPC, also confirm the section(s)
  which take you in, and the application deadline(s)

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Essential dos

• Read the regulations yourself
• Give yourself time and space to do this, because
  it is complicated
• Ask for advice if youre confused
• Contact the EA, but only after youve checked
  your position beforehand

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Dont start your application

• Before youve checked whether your eligible
• Before youve decided whether youre going to
  alter your business to avoid PPC altogether
• Before youve confirmed the dates with the EA, so
  you know your targets (a year to 18 months
  beforehand is about right)

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Do contact us

• If you want independent advice, need help with
  your PPC position or PPC application in any way
• Contact details
• Janet Murfin
• 01274 870306 (direct)
• janet_at_ttenvironmental.co.uk
• Presentation on my website at www.ttenvironmental.
  co.uk/news.html
• Thanks for listening - any questions?