The Environmental Permitting (England and Wales) Regulations 2016

Applications for the grant of an environmental permit E+W

4.—(1) The regulator must ensure that every application for the grant of an environmental permit includes the following information—

(a) the installation and its activities;

(b) the sources of emissions to air from the installation;

(c) the nature and quantities of foreseeable emissions into the air from the installation as well as identification of significant effects of those emissions on the environment;

(d) the proposed technology or other techniques for preventing, or where that is not possible, reducing emissions to air from the installation;

(e) further measures planned to ensure that the installation is operated in such a way that—

(i) all appropriate preventive measures are taken against pollution, in particular through the application of best available techniques, and

(ii) no significant pollution is caused;

(f) measures planned to monitor emissions into the air;

(g) the main alternatives, if any, to the techniques or measures required in paragraphs (d) to (f);

(h) a non-technical summary of the details referred to in paragraphs (a) to (g).

(2) Sub-paragraph (1)(d) does not apply to the extent that the application relates to the burning of waste oil in an appliance with a net rated thermal input of less than 0.4 megawatts at a Part B installation.

(3) In the case of a new installation or a substantial change where Article 4 of Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M1 applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6 or 7 of that Directive shall be taken into consideration by the regulator for the purposes of granting the environmental permit.

[F1 (4) In sub-paragraph (3), a reference to a numbered Article of Directive 2011/92/EU is to be construed as a reference to the EU-derived domestic legislation which transposed that Article in respect of England and Wales.]

Textual Amendments

F1 Sch. 8 para. 4(4) inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), regs. 1, 2(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 OJ No L 26, 28.1.2012, p 1, as last amended by Directive 2014/52/EU (OJ No L 124, 25.4.2014, p 1).