The Pollution Prevention and Control (Industrial Pollution and by pnx67864

VIEWS: 174 PAGES: 68

									Environment & Heritage Service


The Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate)
Charging Scheme (Northern Ireland) 2008
Consultation Paper November 2007
                                                                    The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                     Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Contents


Section 1 – Introduction                                                 4

Section 2 – The charging schemes                                         7

Section 3 – Types of charges                                             10

Section 4 – The charges                                                  14

Section 5 – Comparison between charges in NI and other UK Regions        18


Annex I : Partial Regulatory Impact Assessment.
Annex II : Draft charging scheme
Annex III : Screening for Equality Impact Assessment
Annex IV: Screening for Human Rights Implications




                                                                                                                                            3
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper       www.ehsni.gov.uk



Section 1 – Introduction

1.1 Background

This consultation invites views on proposals for a revised Pollution
Prevention and Control (“PPC”) charging scheme for Part A and Part B
installations and mobile plant. The scheme is made under Regulation 22 of
The Pollution Prevention and Control Regulations (Northern Ireland) 2003
(“the Regulations”).

These Regulations transpose the requirements of EC Directive 96/61 on
Integrated Pollution Prevention and Control (“the Directive”). The purpose
of the Directive is to achieve a high level of protection of the environment
through the prevention of, or reduction in pollution of air, water and land
caused by emissions from permitted installations.

The revised scheme - The Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate) Charging Scheme (Northern
Ireland) 2008, replaces The Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate) Charging Scheme (Northern
Ireland) 2007.


1.2 Scope of the scheme

The Department is required to have in place a charging scheme to ensure
that, so far as practicable, fees and charges payable for permits under the
Regulations are sufficient to recover the costs for the Chief Inspector in
exercising his functions under the Regulations. Any costs incurred in areas
such as policy advice and research will not however be recovered.

This paper outlines the structure of the proposed scheme, details the types
of charges and includes a draft of the proposed scheme in Annex II.


1.3 Application and review of fees and charges

It is intended that the proposed fees and charges will apply from 1 April
2008 and the charging scheme will be reviewed periodically.




  4
                                                                            The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                             Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




1.4 How you can respond to this consultation

Your views are invited in response to this consultation by 22 February 2008.

Comments quoting “The Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate) Charging Scheme (Northern
Ireland) 2008” should be sent to the address or e-mail below:

Jenny O’Reilly (Mrs)
Environment and Heritage Service
Klondyke Building
Cromac Avenue
Gasworks Business Park
Lower Ormeau Road
Belfast
BT7 2JA
E-mail: jenny.o’reilly@doeni.gov.uk

The consultation paper is being made available to relevant stakeholders. All
responses will be considered.


1.5 Where to obtain further copies of the Consultation Paper

You can request a copy by telephone (028 90 569206), by text phone (028
90 540642), by fax (028 90 569263) or in writing.

If you require a copy of the consultation paper in an alternative format,
it can be made available on request in large print, disk, Braille or
audiocassette. The document may be available on request in minority
ethnic languages to those who are not proficient in English.


1.6 Impact Assessments

A screening for Equality Impact Assessment has been undertaken and it is
not considered that the proposed increase in charges will impact on any of
the nine categories.

A partial Regulatory Impact Assessment accompanies this consultation.

The Department considers that there are no Rural Proofing issues and that
its proposals are fully compliant with the European Convention on Human
Rights.




                                                                                                                                                    5
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper            www.ehsni.gov.uk




1.7 Freedom of Information Act 2000 – Confidentiality of
Consultations

The Department will publish a summary of responses following completion
of the consultation process. Your response, and all other responses to the
consultation, may be disclosed on request. The Department can only refuse
to disclose information in exceptional circumstances. Before you submit
your response please read the paragraphs below on the confidentiality of
consultations, they will give you guidance on the legal position about any
information given by you in response to this consultation.

The Freedom of Information Act gives the public a right of access to any
information held by a public authority, namely, the Department in this
case. This right of access to information includes information provided in
response to a consultation. The Department cannot automatically consider
as confidential information supplied to it in response to a consultation.
However, it does have the responsibility to decide whether any information
provided by you in response to this consultation, including information
about your identity, should be made public or be treated as confidential.

This means that information provided by you in response to the
consultation is unlikely to be treated as confidential, except in very
particular circumstances. The Lord Chancellor’s Code of Practice on the
Freedom of Information Act provides that:

       •	      the Department should only accept information from third parties
               in confidence if it is necessary to obtain that information in
               connection with the exercise of any of the Department’s functions
               and it would not otherwise be provided
       •	      the Department should not agree to hold information received
               from third parties “in confidence” which is not confidential in
               nature
       •	      acceptance by the Department of confidentiality provisions must
               be for good reasons, capable of being justified to the Information
               Commissioner

For further information about confidentiality of responses please contact
the Information Commissioner’s Office (or see website at: http://www.
informationcommissioner.gov.uk). For further information about this
particular consultation please contact the address in 1.4 above.




  6
                                                                            The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                             Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Section 2 – The charging schemes

2.1 Existing charging schemes

      2.1.1 Current fees and charges payable to the Chief Inspector are as
      specified in the following charging schemes,

      •	     The Pollution Prevention and Control (Industrial Pollution and
             Radiochemical Inspectorate) Charging Scheme (Northern Ireland)
             2007.
      •	     The Industrial Pollution Control (Industrial Pollution and
             Radiochemical Inspectorate) (Fees and Charges) Scheme (Northern
             Ireland) 2005.

      2.1.2 The overall aim of the charging schemes is to provide full cost
      recovery for regulation of prescribed installations in keeping with the
      Government’s polluter pays policy. Enforcement duties are carried
      out by the Industrial Pollution and Radiochemical Inspectorate,
      Environment and Heritage Service (EHS).

      2.1.3 Following a review of costs and regulatory effort, a number
      of changes are proposed to The Pollution Prevention and Control
      (Industrial Pollution and Radiochemical Inspectorate) Charging Scheme
      (Northern Ireland) 2007.

      2.1.4 No changes are required to The Industrial Pollution Control
      (Industrial Pollution and Radiochemical Inspectorate) (Fees and
      Charges) Scheme (Northern Ireland) 2005.


2.2 Main features of the revised charging scheme

      2.2.1 The application fee for part A component based activities needs
      to increase by 6%. This is the first increase since 2005 and is therefore
      below inflation.

      2.2.2 An increase of 3.5% is proposed for part A component based
      standard variations - the first increase since 2005. No change is
      proposed for component based part A substantial change variations.

      2.2.3 Subsistence charges for part A component based activities need
      to increase by 7% to reflect increases in staff costs and regulatory
      effort. This charge covers a wide range of activities including
      inspections, follow up on improvement requirements in permits,
      response to complaints, enforcement activity and permit reviews in
      order to provide effective regulation. Analysis of the regulatory effort
      expended indicates a substantial under-recovery of costs for this
      charge category. There is also a need to reallocate components within
      the scheme to reflect the actual regulatory effort, as described in
      paragraphs 2.2.5 to 2.2.7.




                                                                                                                                                    7
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper            www.ehsni.gov.uk




       2.2.4 It is proposed that most other part A charge categories should be
       increased by 3.5% in line with staff costs apart from part A surrender
       for which no increase is proposed.

       2.2.5 Rendering plants. The 2007 scheme allocates a single component
       to rendering plants. IPRI now has significant regulatory experience
       with this sector and the current allocation of a single component does
       not reflect the large amount of regulatory effort demanded by these
       installations. In 2007/2008 to date some 60% of complaints received
       by IPRI have related to six rendering facilities. In Scotland, subsistence
       fees for a rendering plant in 2007/8 would be £8541 plus any charge
       for discharging into water. In England and Wales, the 2008/2009 charge
       would be made up of two elements: the Local authority element of
       £2047 and 56% of the Environment Agency Charging for Discharges
       scheme. For a typical rendering plant discharging treated effluent to a
       river, 56% of the CFD element is estimated at approximately £3000. It
       is proposed that the charging scheme should be amended to allocate
       between 1 and 3 components for rendering plants depending on
       throughput setting the charge at between £1525 and £4575. The
       revised component allocation proposed is set out in section 4.2 of this
       consultation.

       2.2.6 Food processing. The current scheme includes a component for
       storage and handling of raw materials and wastes, a single component
       for each activity less than or equal to five times the relevant threshold
       and two components for each activity more than five times the
       relevant threshold. In some cases this leads to a charge which is not
       proportionate to the regulatory activity required and it is proposed
       that the additional component for activities more than five times the
       threshold is dropped. The revised component allocation proposed is
       set out in section 4.2 of this consultation.

       2.2.7 Production of aluminium sulphate solution. The current version
       of the scheme allocates components in the inorganic chemicals
       section depending on throughput. This is considered to incur a
       disproportionate charge for a simple process of producing aluminium
       sulphate solution and it is proposed that the component allocation
       be brought into line with the anticipated regulatory effort. The
       revised component allocation proposed is set out in section 4.2 of this
       consultation.

       2.2.8 It is proposed that farm application costs should increase by
       3.5%. Despite improvements in efficiency, data from the recent
       exercise in permitting existing farms indicates that the current charges
       significantly under recover the costs associated with permitting.
       Despite this, no increase in the time allowance for permitting has
       been made and the proposed increase is in line with staff costs. The
       permitting exercise for existing farms has now been completed and
       further improvements in efficiency will need to be made to allow costs
       to be recovered.



  8
                                                                              The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                               Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




      2.2.9 Farm standard variation charges also need to increase by
      approximately 3.5%, broadly in line with increases in staff costs. No
      increase is proposed in the farm substantial variation charge.

      2.2.10 An increase of approximately 2% is proposed for farm
      subsistence charges, which is below the rate of increase in staff costs.

      2.2.11 In order to simplify the charging arrangements for farms, the
      Department intends to remove the band 4 charges from the scheme
      and apply band 3 charges to any farming installation above the lower
      threshold for band 3.

      2.2.12 Part B PPC installations. Part B processes under the Industrial
      Pollution Control (NI) Order 1997 will transfer to Regulation under the
      Pollution Prevention and Control (NI) Regulations 2003 and new charge
      categories will need to be included for applications, subsistence,
      variations and transfers under this scheme. This is no surrender charge
      for part B installations.

      2.2.13 It is proposed that the Part B application charge should transfer
      unchanged from the IPC scheme. The part B subsistence charge needs
      to increase by approximately 2%, although this is the first increase from
      the 2005/6 charging scheme. It is proposed that the part B substantial
      change variation charge should increase by 6.5% to £980. Since this
      is the first increase since 2005, it is within inflation. It is proposed that
      transfer charges are introduced in line with the relevant charges under
      the Local Authority Pollution Prevention and Control (LAPPC) charging
      scheme for England and Wales.




                                                                                                                                                      9
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper              www.ehsni.gov.uk



Section 3 – Types of charges

3.1 Introduction

       3.1.1 Charges cover the following categories of Part A activities and
       installations.

       •	      Component based activities
       •	      Air Pollution Control (APC)* activities
       •	      Farming activities
       •	      Low impact installations

       *These activities would be regulated as Part B or Part C activities if they
       were not included as part of a Part A installation.

       3.1.2 From 2008 onwards charges will also need to be included for
       those activities regulated as Part B installations, which are subject to air
       pollution controls only.

       3.1.3 The PPC charging scheme covers various charges which apply
       to applications for new permits, variations, transfers or surrenders of
       permits and to annual subsistence of permits. The types of charges, are:

       Application charge

       > for an installation
       > for mobile plant

       Variation charge
       > standard variation
       > substantial variation

       Transfer charge
       > partial transfer
       > whole transfer

       Surrender charge

       Subsistence charge
       > annual charges
       > independent check monitoring charges



3.2 Application charges

An application payment must accompany every application for a new PPC
permit. For most Part A installations, the charge may include one or more
variable elements based on the component appendix, the presence of Air
Pollution Control activities, or the farming charges. For low impact Part A
installations and for Part B installations fixed charges are applicable.




  10
                                                                                The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                 Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




      3.2.1 New permit for a Part A installation

      For all Part A installations, the application fee is based on the following:

      (a) for Part A component based activities, (including mobile plant) the
      application charge multiplied by the number of components in the
      installation;

      (b) activities which would otherwise be subject to Part B or Part
      C control (“APC activities”), were they not included as part of the
      installation;

      (c) for Farming Activities the charge depends on whether the
      application is for a Standard Farming Permit or a Non Standard Farming
      Permit, the size of the installation and whether slurry, manure or litter is
      spread to land;

      (d) whether the installation meets the criteria for determination as a
      Low Impact Installation.

      3.2.2 New permit for a Part B installation

      For part B installations, there is a single fixed application fee.


3.3 Variation charges

For the purposes of charging, there are two different types of charges
relating to applications for variation of a PPC permit:

•	    standard
•	    substantial

      3.3.1 Standard variation

      For all Part A installations, the standard variation charge is based on the
      following:

      (a) for those activities falling within the component element of the
      charging scheme, the number of components in the installation that
      will be affected by the variation. The charge may therefore be for a
      greater number of components than those directly subject to the
      variation;

      (b) for changes to APC activities no standard variation charge is made;

      (c) for Farming Activities, whether the activities relate to a standard
      farm or non-standard farm;

      (d) whether the installation is a Low Impact Installation.
      There is no standard variation charge for part B installations.


                                                                                                                                                       11
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper           www.ehsni.gov.uk




       3.3.2 Substantial variation
       Where the Chief Inspector considers that the variation is a substantial
       change, he will serve a notice on the operator to that effect. At this
       time, he will also send the operator an invoice for payment of the
       substantial variation charge. Note that this charge is in addition to any
       standard variation charge that will have been paid with the application
       for a variation.
       A substantial variation charge cannot apply to a Low Impact
       Installation, by virtue of the definition of such an installation.


3.4 Transfer charges

A transfer charge is payable either for a partial transfer of a permit or the
whole transfer of a permit.
Higher charges apply to a partial transfer than to a whole transfer of a
permit, reflecting the greater effort required in ensuring that the permits
continue to accurately reflect the environmental controls required for the
newly separated operations.

       3.4.1 Partial Transfer

       For all Part A installations, the partial transfer charge is based on the
       following:

       (a) all those activities within an installation falling within the
       component element of the charging scheme;

       (b) whether there are specified waste management activities;

       (c ) whether there are APC activities;

       (d) whether Farming Activities are Standard or Non Standard;

       (e) whether the installation is a Low Impact Installation.

       For part B installations, there is a single fixed fee.


3.5 Surrender Charges

The Chief Inspector is required by the Regulations to assess post-closure
site conditions of Part A installations prior to accepting the surrender of any
permits or parts of permits. The operator of a Part A installation is required
therefore to make an application before any surrender is permitted.
A surrender charge is payable either for a partial surrender of a permit or
the whole surrender of a permit.




  12
                                                                            The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                             Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




For all Part A installations, the surrender charge is based on the following :

(a) all those activities within an installation falling within the component
element of the charging scheme;

(b) whether the installation includes a landfill activity;

(c ) whether the installation is for APC activities;

(d) whether, for Farming Activities, it is a standard or non-standard farm;

(e) whether the installation is a Low Impact Installation.

There is no surrender fee for part B installations.


3.6 Subsistence charges

The costs of ongoing regulation of a permit are recovered through
subsistence charges. There are two types of subsistence charges:
1. annual subsistence charges and
2. independent check monitoring charges.

      3.6.1 Annual subsistence charges
      For all Part A installations, the annual subsistence charge is based on
      the following :

      (a) those activities falling within the component element of the
      charging scheme;

      (b) whether the installation includes APC activities;

      (c) whether, for Farming Activities, it is a Standard Farming Installation
      or a Non Standard Farming Installation, the size of the installation and
      whether slurry, manure or litter is spread to land.

      (d) whether the installation is a Low Impact Installation.

For part B installations, there is a single fixed subsistence charge.


3.6.2 Independent check monitoring charges

For Part A installations, the Chief Inspector will recover the cost of check
monitoring, site surveys or investigations carried out on his behalf, by
means of a direct charge and invoice operators for the costs incurred in
respect of work done.




                                                                                                                                                   13
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                     www.ehsni.gov.uk



Section 4 –The charges

       4.1 The following table sets out the proposed charges from 1 April
       2008, the charge which has applied from 2007 and the percentage
       increase where applicable.


 Type of charge                                                          Proposed        Existing charge       % increase   Last change
                                                                         charge 2008/9
 Part A application (component based                                     £4385 per
                                                                                         £4135 per component   6            2005/6
 activities)                                                             component
 Part A application (concessionary fee for
                                                                         £2825 per
 incineration activities described in Part A (d)                                         £2665 per component   6            2005/6
                                                                         component
 or (e) in Section 5.1)
 Application fee for directly associated APC
                                                                         £1740           £1680                 3.5          2005/6
 activity
 Part A subsistence (component based                                     £1525 per
                                                                                         £1424 per component   7            2007/8
 activities)                                                             component
 Subsistence fee for directly associated APC
                                                                         £1050           £1030                 2            2005/6
 activity
 Part A standard variation (component based                              £1283 per
                                                                                         £1240 per component   3.5          2005/6
 activities)                                                             component
 Part A substantial variation (component based £2275 per
                                                                                         £2275 per component   0            2005/6
 activities)                                   component
 Part A substantial variation for directly
                                                                         £1045           £1010                 3.5          2005/6
 associated APC activity

 Part A transfer (complete)                                                £288          £278                  3.5          2007/8


 Part A transfer (partial)                                               £1490           £1440                 3.5          2005/6

 Part A transfer (specified waste management
                                                                         £1102           £1065                 3.5          2005/6
 activities supplement)

 Part A surrender                                                        £2345           £2345                 0            2005/6

 Part A surrender – supplementary charge for
                                                                         £1865           £1865                 0            2005/6
 landfills

 Part A surrender (concessionary fee for
 incineration activities described in Part A (d)                           £288          £278                  3.5          2007/8
 or (e) in Section 5.1)

 Part A low impact application                                           £1985           £1918                 3.5          2007/8


 Part A low impact subsistence                                             £408          £394                  3.5          2007/8

 Part A low impact variation, transfer or
                                                                           £288          £278                  3.5          2007/8
 surrender




  14
                                                             The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                              Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



 Type of charge          Proposed charge   Existing charge     % increase                             Last change
                         2008/9

 Standard Farm Charges

 Farm applications

 Band1                   £1985             £1918               3.5                                    2007/8

 Band2                   £2375             £2296               3.4                                    2007/8

 Band3                   £2830             £2733               3.5                                    2007/8

 Band4                   -                 £2733

 Band1 landspreading         £348          £336                3.6                                    2007/8

 Band2 landspreading         £462          £446                3.6                                    2007/8

 Band3 landspreading         £582          £562                3.6                                    2007/8

 Band4 landspreading     -                 £672


 Farm Subsistence

 Band1                   £1050             £1030               1.9                                    2007/8

 Band2                   £1445             £1415               2.1                                    2007/8

 Band3                   £1740             £1705               2.1                                    2007/8

 Band4                   -                 £2130

 Band1 landspreading         £224          £220                1.8                                    2007/8

 Band2 landspreading         £331          £325                1.8                                    2007/8

 Band3 landspreading         £444          £435                2.1                                    2007/8

 Band4 landspreading     -                 £545


 Farm variations

 Standard                    £288          £278                3.5                                    2007/8

 Substantial             £1335             £1335               0                                      2007/8

 Farm transfer               £288          £278                3.5                                    2007/8

 Farm surrender              £288          £278                3.5                                    2007/8




                                                                                                                                    15
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                    www.ehsni.gov.uk



                                                Proposed charge
  Type of charge                                                               Existing charge        % increase   Last change
                                                2008/9
  Non standard farm
  charges
  Non standard farm
  applications

  Band1                                         £4639                          £4482                  3.5          2007/8


  Band2                                         £5682                          £5490                  3.5          2007/8


  Band3                                         £6841                          £6610                  3.5          2007/8


  Band4                                         -                              £7730

  Non standard farm
  subsistence

  Band1                                         £2219                          £2175                  2            2007/8


  Band2                                         £2774                          £2720                  2            2007/8


  Band3                                         £3300                          £3235                  2            2007/8


  Band4                                         -                              £4320


  Non standard variation                        £1215                          £1175                  3.5          2005/6

  Non standard substantial
                                                £2560                          £2560                  0            2005/6
  variation
  Non standard farm
                                                £695                           £672                   3.5          2007/8
  surrender
  Part B Charges included
  in PPC scheme

  Part B application                            1530                           1530                   0            2005/6


  Part B subsistence                            955                            935                    2            2005/6

                                                                               New charge – matches
  Part B total transfer                         155                            LAPPC in England and                N/A
                                                                               Wales
                                                                               New charge – matches
  Part B partial transfer                       457                            LAPPC in England and                N/A
                                                                               Wales
  Part B substantial change
                                                980                            920                    6.5          2005/6
  variation




  16
                                                                                          The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                           Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




        4.2 The following table shows the proposed revised component
        allocation which will apply to inorganic chemicals production, food
        processing and rendering from 1 April 2008.

 Section           Description                                                                                             No.of                      Scheme
                                                                                                                           components                 Ref. No.
 4.2               Inorganic chemicals
                   All other activities not previously described in this Section:
                   (i) Each activity applied for by an operator in relation to a location where the activity
                       is likely to use less than 100 tonnes of raw materials per year. (The components in
                       (ii), (iii) and (iv) below, do not apply)                                                           1                          4240
                   (ii)Each activity which may release halogens, hydrogen halides, any oxide of Sulphur
                        or acid forming oxide of nitrogen                                                                  1                          4241
                   (iii) For the first activity in this Section not covered by the description in (i) above,
                         other than (v) below, applied for by an operator in relation to location: All
                         materials handling.                                                                               1                          4242
                   Where the activity is likely to produce less than 250 tonnes of product per year.                       1                          4243
                   Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes
                   of product per year.                                                                                    2                          4244
                   Where the activity is likely to produce 2,000 tonnes or more but less than 20,000
                   tonnes of product per year.                                                                             3                          4245
                   Where the activity is likely to produce 20,000 tonnes or more of product per year.                      4                          4246
                   (iv) For each further activity, additional to an activity in this Section already
                        authorised or the subject of an application, not covered by the description in (i)
                        above, applied for by the same operator in relation to the same location:
                   Where the activity is likely to produce less than 250 tonnes of product per year.                       1                          4247
                   Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes
                   of product per year.                                                                                    2                          4248
                   Where the activity is likely to produce 2,000 tonnes or more but less than 20,000
                   tonnes of product per year.                                                                             3                          4249
                   Where the activity is likely to produce 20,000 tonnes or more of product per year.                      4                          4250
                   (v) Activities described in paragraph (a) for the manufacture of Aluminium
                       Sulphate solution:
                   Where the activity is likely to produce less than 2,000 tonnes of product per year                      1                          4251
                   Where the activity is likely to produce 2,000 tonnes or more but less than 20,000
                   tonnes of product per year.                                                                             2                          4252
                   Where the activity is likely to produce 20,000 tonnes or more of product per year.                      3                          4253
  6.8              The treatment of animal and vegetable matter and food industries
                   Activities described in paragraphs (a) to (e) inclusive except rendering activities:
                   Storage and handling of raw material and waste handling.                                                1                          6801
                   Each activity described in schedule 1                                                                   1                          6802
                   Rendering activities described in paragraph (c):

                   All rendering activities with a capacity of less than 50 tonnes per day (no other
                   components in this section apply)                                                                       1                          6804

                   All rendering activities with a capacity of between 50 tonnes per day and 100 tonnes
                   per day (no other components in this section apply)                                                     2                          6806

                   All rendering activities with a capacity of more than 100 tonnes per day (no other
                   components in this section apply)                                                                       3                          6807


                                                                                                                                                                 17
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                                 www.ehsni.gov.uk



Section 5 Comparison between charges in NI and other UK regions

       5.1 A direct comparison between charges in NI and other regions of
       the UK is possible for some categories of charge. However the basis
       for charging is different across UK regions for charges levied on part
       A installations other than farms. In England and Wales, charges are
       based on an Operator and Pollution Risk Assessment (OPRA) score
       and in Scotland the Scottish Environment Protection Agency (SEPA)
       charges are based on assigning application and subsistence units with
       an additional charge for releases to water determined under a separate
       Control of Pollution Act (COPA) charging scheme.

       5.2 Table 5.1 compares IPPC farm charges in each of the UK regions.
       Both application and subsistence charges are lower in Northern Ireland
       than in other UK regions, particularly for smaller farms. Figures in
       brackets for Northern Ireland represent the additional land-spreading
       charge.


       Table 5.1 Farm Charges


 Charge                      Environment Agency                                SEPA                             Northern Ireland


                             2007/8                      2008/9                2007/8           2008/9          2007/8          2008/9

 Application                 3441                        3550                  3698             Not available   Band1 1918(336) 1985(348)
                                                                                                                Band2 2296(446) 2375(462)
                                                                                                                Band3 2733(562) 2830(582)
                                                                                                                Band4 2733(672)



 Subsistence                 2303(small)                 2386                  2723(small)      Not available   Band1 1030(220) 1050(224)
                             2886(large)                                       3410(large)                      Band2 1415(325) 1445(331)
                                                                                                                Band3 1705(435) 1740(444)
                                                                                                                Band4 2130(545)



 Standard                    350                         363                   £402 if no       Not available   278             288
 variation                                                                     change in
                                                                               emissions,
                                                                               otherwise 30%
                                                                               of application
                                                                               fee.
 Substantial      350                                    363                   £376             Not available   1335            1335
 change variation




  18
                                                                              The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                               Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




      5.3 Table 5.2 sets out the basis for part A charges across the UK regions.
      The Scottish Environment Protection Agency and the Environment
      Agency produced a benchmarking report for the 2005/2006 financial
      year, comparing charges for a range of different PPC permitted
      installations. This includes details of the Environment Agency OPRA
      scores for the selected installations. Table 5.3 summarises the charge
      comparisons for the three UK regions, for selected installations where
      there was sufficient information provided in the benchmarking study
      to determine charges in later years and which are relevant to Northern
      Ireland. The benchmarking report can be viewed at www.sepa.org.uk/
      charging/benchmarking/index.htm. The charges in Northern Ireland
      are significantly lower than other UK regions.


      Table 5.2 Other Part A charges


 Charge             Environment Agency                  SEPA                                         Northern Ireland

                    2007/8            2008/9            2007/8             2008/9                    2007/8                       2008/9


 Application        OPRA score x 188 OPRA score x 195 2966x(A+2) A         Not available             4135 per                     4385 per
                                                      is the sum of                                  component                    component
                                                      application
                                                      charge units and
                                                      the minimum
                                                      value of A is
                                                      1. (Minimum
                                                      charge 8898)
 Subsistence        OPRA score x 91   OPRA score x 94   657x subsistence   Not available             1424 per                     1525 per
                                                        charge units                                 component                    component
                                                        plus any charge
                                                        payable for
                                                        discharge to
                                                        water.



 Standard           OPRA score x 52   OPRA score x 54   402 if no change Not available               1240 per                     1283 per
 variation                                              to emissions,                                component                    component
                                                        otherwise 30%
                                                        of application fee




 Substantial        OPRA score x 103 OPRA score x 107 90% of               Not available             2275 per                     2275 per
 change variation                                     application fee                                component                    component
                                                      less standard
                                                      variation fee if
                                                      applicable




                                                                                                                                                     19
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                                             www.ehsni.gov.uk




       Table 5.3 – Part A charge comparison


                                                                               Charges in 2005-6/2007-8/2008-9
                                                                               Environment Agency          SEPA (no data available for   Northern Ireland
                                                                               (5) (OPRA score from        2008/2009)
                                                                               benchmarking report
                                                                               used to calculate charges
                                                                               in subsequent years.)
 Cement plant – single kiln

 Application fee                                                               £30444/£32336/£33540        £25236/£26694                 £20675/£20675/£21925


 Subsistence fee                                                               £14964/£15652/£16168        £25974/£8541-11826 plus       £6750/£7120/£7625
                                                                                                           COPA charge(1)

 Textile plant

 Application fee                                                               £9391/£9964/£10335          £8412/ £8898                  £4135/£4135/£4385


 Subsistence fee                                                               £4611/£4823/£4982           £2256/£2628                   £1350/£1424/£1525
                                                                                                           Plus COPA charge

 Non hazardous waste treatment facility
 (4)
 Application fee                                                               £7965-12390/£8460-          £8412/£8898                   £4135-8270/£4135-
                                                                               13160/£8775-13650                                         8270/£4385-£8770
 Subsistence fee                                                               £3915-6090/£4095-           £6768/£7884                   £1350-2700/£1424-
                                                                               6370/£4230-6580             Plus COPA charge              2848/£1525- 3050

 Landfill (4)

 Application fee                                                               £16815- 12390/£17860-       £14020-15780/£14380(2)        £4135-12405/£4135-
                                                                               37036/£18525 - 38415                                      12405/£4385-13155
 Subsistence fee                                                               £8265-17139/£8645-          £18048-20978/£22338(3)        £1350-4050/£1424-
                                                                               17927/£8930-18518           plus COPA charge              4272/£1525- 4575


       (1) COPA fee listed as £15822 in 2005/6
       (2) Hazardous waste landfill >25000 tonnes attracts 3 application
       charge units in 2007/8 scheme
       (3) Hazardous waste landfill attracts 34 subsistence charge units in
       2007/8. COPA fee listed as £2930 in 2005/6
       (4) A range of scenarios was included in the bench marking report
       (5) EA charges are influenced by site specific elements and should be
       taken as indicative only




  20
                                                                                 The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                  Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



ANNEX I
Partial Regulatory Impact Assessment

Title of Proposal

Proposed revision to the Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate) Charging Scheme 2007.


Purpose and Intended Effect

1. This proposal is to revise the charging scheme in Northern Ireland which
specifies the fees and charges to be levied by the Chief Inspector (of the
Industrial Pollution and Radiochemical Inspectorate, or IPRI) in order
to recover the costs of undertaking relevant functions under the Pollution
Prevention and Control Regulations (NI) 2003. (The 2003 Regulations)


Objective

2. The legislation requires that fees and charges levied by enforcing authorities
must recover the costs of undertaking the above mentioned functions – see
Regulation 22 (6) of the 2003 Regulations.


Background

3. The introduction of charging schemes for recovery of regulatory costs
was addressed in the Regulatory Impact Assessment which accompanied the
consultation on the Pollution Prevention and Control Regulations (NI) 2003.

4. The level of fees and charges is reviewed regularly taking into account
changes in staff costs of IPRI and analysis of the regulatory effort (in terms
of staff time) required to undertake the various functions of the Chief
Inspector.

5. The current proposals for changes to the charging scheme largely reflect
changes in staff costs of approximately 3.5% over one or more years and are
below the Retail Price Index of 3.9% for the twelve months to September
2007 and 3.6% for the previous twelve months. Some sectors will increase
by a larger percentage than RPI, however in these cases the increases are
proportionate to their regulatory requirements and charges will remain lower
than other UK regions. There are differential impacts on a number of sectors,
as follows:

      •	     An increase in the number of charging components allocated to
             rendering plants to better reflect the very high level of regulatory
             effort required for these installations;
      •	     A reduction in the number of charging components for larger food
             processing installations;
      •	     A reduction in the number of charging components for a basic
             inorganic chemicals activity where the charges are not felt to reflect
             the regulatory effort required;



                                                                                                                                                        21
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper            www.ehsni.gov.uk




       •	      An increase in the subsistence charge of 7% for ‘part A’ component
               based activities.

This revision to the charging regime will reflect, more accurately, the
regulatory effort which is allocated to each sector therefore the new scheme
will be more equitable.


Rationale for government intervention.

6. The Department has a legal obligation to set the level of fees and charges
to recover the Chief Inspector’s costs. Insufficient cost recovery would lead
to the costs of regulation falling upon the taxpayer which would also prevent
compliance with the “polluter pays” principle.


Consultation

7. The proposals will be the subject of a full 12 week public consultation
exercise.




  22
                                                                               The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Summary of proposals

8. No increase is proposed for Part A substantial variation fees for component
based activities or farms, or for Part A component based surrender fees on the
grounds that there is insufficient evidence to justify a change.

9. Part A application fees for component based activities should be increased
by 6%. This is the first increase since 2005/2006, so the change is substantially
less than the increase in staff costs and the retail price index over the period –
which has risen by 7.5% over the 24 months to September 2007.

10. Subsistence charges for part A component based activities need to increase
by 7% to reflect increases in staff costs and regulatory effort. The subsistence
charge covers a wide range of activities including inspections, follow up on
improvement requirements in permits, response to complaints, enforcement
activity and permit reviews in order to provide effective regulation. Analysis
of regulatory effort indicates a substantial under-recovery of costs.
Component based activities cover most part A activities - with the exception
of intensive livestock activities and low impact activities.

11. Part A farm subsistence fees should increase by 2% since the regulatory
effort closely reflects charging assumptions, but the proposed increase is
necessary to reflect changing staff costs. Part A farm application charges
should increase by 3.5% in line with staff costs. Charging Band 4 should be
removed and all farming installations above the Band 3 minimum threshold
should be charged the Band 3 fee. A comparison of farm charges in NI with
those in the rest of the UK is included at Table 3.

12. New charges should be introduced for Part B installations which are due
to transfer from the control regime under the Industrial Pollution Control
(NI) Order 1997. It is proposed that the application charge should transfer
unchanged, but that the subsistence charge should increase by 2% under the
new scheme. The substantial change variation cost should increase by 6.5% to
reflect information on the regulatory effort required and staff costs, but this is
the first increase since 2005/2006. New charges for full and partial transfer of
£155 and £457 in line with England and Wales are proposed.

13. All other charges should increase by 3.5% which is in line with staff costs.
The proposed charges are set out in the Appendix.

14. Changes to the component allocation for rendering, large food processing
and some small inorganic chemicals activities should be introduced to better
reflect the regulatory effort required for these activities, as set out in the
following paragraphs.

Changes for component allocation to rendering plants

15. The environmental impacts from this sector are significant, particularly
the impact of odour on local residents. Regulatory costs are not recovered
from the current allocation of a single charging component for all rendering
activities. Some 60% of all complaints received by the Chief Inspector in
2007 to date have been associated with 6 rendering operations and in order



                                                                                                                                                      23
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper          www.ehsni.gov.uk




to ensure that costs are apportioned more appropriately, an increase to the
current component allocation for rendering plants is proposed.

16. In Scotland, subsistence fees for a rendering plant in 2007/8 would be
£8541 plus any charge for discharging into water. In England and Wales,
the 2008/2009 charge would be made up of two elements: the Local
authority element of £2047 and 56% of the Environment Agency Charging
for Discharges scheme. For a typical rendering plant discharging treated
effluent to a river, 56% of the Charging for Discharges element is estimated
at approximately £3000. It is proposed that the charging scheme should
be amended to allocate between 1 and 3 components for rendering plants
depending on throughput setting the charge at between £1525 and £4575.
The revised component allocation proposed is set out in section 4.2 of the
consultation.

Changes to component allocation for large food processing operations.

17. The current scheme includes a component for storage and handling of raw
materials and wastes, a single component for each activity less than or equal
to five times the relevant threshold and two components for each activity
more than five times the relevant threshold. In some cases this leads to a
charge which is not proportionate to the regulatory activity required and it is
proposed that the additional component for activities more than five times the
threshold is dropped. The revised component allocation proposed is set out in
section 4.2 of the consultation.

Changes to component allocation for production of aluminium sulphate
solution.

18. The current version of the scheme allocates components in the inorganic
chemicals section depending on throughput. This is considered to incur
a disproportionate charge for a simple process of producing aluminium
sulphate solution and it is proposed that the component allocation be brought
into line with the anticipated regulatory effort. The revised component
allocation proposed is set out in section 4.2 of the consultation.




  24
                                                                           The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                            Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Charging Review Options

Option A: Do nothing

19. Apart from the charges for which a nil increase is proposed, failure
to increase charges would result in further under recovery of the Chief
Inspector’s regulatory costs. The current proposals are based on analysis
of regulatory effort and are designed to move towards full cost recovery,
particularly in those areas where significant shortfalls have been identified.
This option would fail to meet the Department’s obligations under Regulation
22 of the 2003 regulations.


Option B: Restrict all increases to the increase in staff costs only.

20. This option would implement a uniform increase of 3.5% in line with
changes to staff costs but would fail to take into account the systems put in
place to analyse regulatory effort by the Chief Inspector and would lead to
under recovery of costs. It would fail to adjust charges to better reflect the
regulatory effort required and ultimately more substantial increases in charges
would be required in subsequent years to address these issues.


Option C: Implement increases in line with information on costs and
regulatory effort and adjust component allocation to reflect this.

21. This is the option set out in paragraphs 8-18 above, comprising
     •	 a revised component allocation for rendering plants, large food
           processing installations and production of aluminium sulphate
           solution;
     •	 an increase of 7% in the subsistence charge for part A component
           based activities;
     •	 increases equal to or less than changes in staff costs for other
           elements of the scheme;
     •	 inclusion of part B charges in the scheme; and
     •	 removal of band 4 for standard farm charges.




                                                                                                                                                  25
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper           www.ehsni.gov.uk



Costs and benefits

Sectors and groups affected

22. Apart from operators paying part A component based subsistence fees
and operators affected by the proposed changes to component allocation,
the proposed changes reflect changes to staff costs and where there was an
increase in 2007/2008, the proposed increases are below the retail price index
for the 12 months to September 2007 (3.9%)


Increase to part A component based subsistence charge

23. Subsistence charges in Northern Ireland are currently substantially lower
than other parts of the United Kingdom – see Table 2. The proposed increase
would take the charge per component from £1424 to £1525. Capping the
increase broadly in line with changes to staff unit costs (but not addressing
the substantially higher regulatory time taken to carry out subsistence activity
for part A installations compared with the current charging scheme) would
result in an increase of 3.5 % to £1474. Hence the effect of the additional
increase amounts to some £50 per component per year. Smaller, less complex
installations have a lower number of charging components, typically 1-2.
Examples include galvanizing operations, textile operations, surface treatment
of metals, and coating activities. An installation of moderate complexity
might comprise 3-4 components. Examples include pharmaceutical
production, slaughtering and meat processing, simple gas fired power stations.
A larger installation could attract 5-6 components. Examples include cement
factories, large foundries and chemical plants. One installation in Northern
Ireland, a large power station, has more than 10 components, and there are
only 3 installations with 6 components or more. The increases proposed
would result in typical additional annual costs of £50 - £300. The impact on
smaller business are likely to be at the lower end of the scale. (See Table 1)

24. There are some 120 component based part A installations in Northern
Ireland that would be affected by this change. Based on this screening
assessment, the impact on these businesses is not expected to be significant.


Changes for component allocation to rendering plants

25. There are 6 rendering plants permitted in NI, two associated with poultry
processing and four predominantly dealing with by products from other
slaughtering activities and fallen stock.

26. The effect of the proposed changes would be to increase the annual
subsistence charge payable by operators of the largest rendering facilities by
up to £3050 compared to the current charge of £1424. Some facilities would
however benefit from the changes proposed for food processing installations
set out below. The end result would be a net increase in annual charge of
£3050 for 4 facilities with no change for the remaining 2 facilities. This
increase is not considered likely to have a significant impact for the sector
affected.




  26
                                                                               The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




Changes to component allocation for large food processing operations.

27. The proposed change will result in a reduction in charge of between
£1525 and £3050 for some large food processors. This will potentially affect
3 facilities, 2 of which are also affected by the changes to the rendering
component allocation above.

28. Whilst this reduction is not likely to have a significant impact on the
installations affected, it better reflects the regulatory effort required. It is
also in line with the objectives of the revision of the charging regime to more
accurately apportion costs to reflect the cost of regulation.

Changes to component allocation for production of aluminium sulphate
solution.

29. The revised component allocation will reduce the annual subsistence
charge for the one facility affected by £3050.

Consideration of impacts on sectors

30. The proposed changes outlined above will lead to charges that better
reflect regulatory effort. The impacts on individual sectors are not considered
significant. Given the nature of the regulations and the difficulties in being
able to undertake an exercise that would accurately show the impact on every
firm that the regulations apply to, this partial RIA has sought to provide a
broad overview of the effect of the changes on business costs as a result of the
proposed revision to the charging scheme. Where costs are increasing over the
rate of inflation more detail has been provided above. In addition the tables
below outline the changes. The Appendix details all proposed changes to the
charging regime.

31. Table 1 shows that increases to component based subsistence charges are
minimal. Looking at the potential businesses that could be impacted it is
clear that such minimal increases are unlikely to have a detrimental effect on
their operating capabilities. Charges are small in relation to overall costs and
revenue.




                                                                                                                                                      27
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                www.ehsni.gov.uk




Table 1 Example impacts of increased component based subsistence
charge.

                                                                                                                  Annual charge for
 Number of                                                                     Current annual   Proposed annual
                             NI Examples                                                                          staff cost increase
 components                                                                    charge           charge
                                                                                                                  only

 1                           Galvaniser, large boiler, textile operation       £1424            £1525             £1474


                             Milk processing, drinks production,
 2                                                                             £2428            £3050             £2948
                             animal feed mill


                             Slaughtering facility, aluminium
 3                                                                             £4272            £4575             £4422
                             components manufacture, incinerator.


                             Gas turbine power station, sewage sludge
 4                                                                             £5696            £6100             £5896
                             incinerator, poultry processing facility


                             Cement factory, pharmaceutical
 5                                                                             £7120            £7625             £7370
                             production, speciality chemical production




  28
                                                                            The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                             Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




32. Table 2 below shows that although charges in N.I. are increasing, the
regime is favourable when compared with the rest of the UK.

Table 2: Comparison between component based charges in Northern
Ireland and charges in the rest of the UK for comparable installations

                                  Charges in 2005-6/2007-8/2008-9
                                  Environment Agency (6)            SEPA (no data available for                      Northern Ireland
                                  (OPRA(4) score from               2008/2009)
                                  benchmarking report used
                                  to calculate charges in
                                  subsequent years.)

 Cement plant – single kiln

 Application fee                  £30444/£32336/£33540              £25236/£26694                                    £20675/£20675/£21925

                                                                    £25974/£8541-11826 plus COPA
 Subsistence fee                  £14964/£15652/£16168                                                               £6750/£7120/£7625
                                                                    charge(1)

 Textile plant

 Application fee                  £9391/£9964/£10335                £8412/ £8898                                     £4135/£4135/£4385

                                                                    £2256/£2628
 Subsistence fee                  £4611/£4823/£4982                                                                  £1350/£1424/£1525
                                                                    Plus COPA charge

 Non hazardous waste treatment facility (5)

                                  £7965-12390/£8460-                                                                 £4135-8270/£4135-
 Application fee                                                    £8412/£8898
                                  13160/£8775-13650                                                                  8270/£4385-£8770
                                  £3915-6090/£4095-                 £6768/£7884                                      £1350-2700/£1424-
 Subsistence fee
                                  6370/£4230-6580                   Plus COPA charge                                 2848/£1525- 3050

 Landfill (5)

                                  £16815- 34869/£17860-                                                              £4135-12405/£4135-
 Application fee                                                    £14020-15780/£14380(2)
                                  37036/£18520- 38406                                                                12405/£4385-13155
                                  £8265-17139/£8645-                £18048-20978/£22338(3) plus                      £1350-4050/£1424-
 Subsistence fee
                                  17927/£8930-18518                 COPA charge                                      4272/£1525- 4575



(1) Control of Pollution Act (COPA) fee listed as £15822 in 2005/6
(2) Hazardous waste landfill >25000 tonnes attracts 3 application charge units
in 2007/8 scheme
(3) Hazardous waste landfill attracts 34 subsistence charge units in 2007/8.
COPA fee listed as £2930 in 2005/6
(4) OPRA stands for Operator and Pollution Risk Assessment.
(5) A range of scenarios was included in the bench marking report
(6) EA charges are influenced by site specific elements and should be taken as
indicative only


                                                                                                                                                   29
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                                www.ehsni.gov.uk




33. Table 3 below focuses on the intensive livestock sector. It can be seen that
charges are generally lower in N.I. when compared to those charged by SEPA
and the Environment Agency. Indeed the proposed increase in subsistence
charge is well below the increase in the retail price index.

Table 3 Farm Charge comparison


Charge                       Environment Agency                                SEPA                                Northern Ireland
                             2007/8                       2008/9               2007/8              2008/9          2007/8             2008/9




Application                  3441                         3550                 3698                Not available   Band1 1918(336)    1985(348)
                                                                                                                   Band2 2296(446)    2375(462)
                                                                                                                   Band3 2733(562)    2830(582)
                                                                                                                   Band4 2733(672)

Subsistence                  2303(small)                  2386                 2723(small)         Not available   Band1 1030(220)    1050(224)
                             2886(large)                                       3410(large)                         Band2 1415(325)    1445(331)
                                                                                                                   Band3 1705(435)    1740(444)
                                                                                                                   Band4 2130(545)

Standard                     350                          363                  £402 if no change   Not available   278                288
variation                                                                      in emissions,
                                                                               otherwise 30% of
                                                                               application fee.

Substantial                  350                          363                  £376                Not available   1335               1335
change
variation



Benefits

34. The charging scheme is designed to recover the costs of the regulator
– in this case the Chief Industrial Pollution Inspector. This enables the
Chief Inspector to implement the requirements of The Pollution Prevention
and Control Regulations (NI) 2003 and therefore deliver the obligations
imposed on Northern Ireland as part of a Member State under the
Integrated Pollution Prevention and Control Directive. Implementation of
the Regulations leads to effective control of pollution and reduced pollution
risk from controlled installations. Increasing the charges in line with these
proposals is in keeping with the Government’s ‘polluter pays principle’ and
allows for effective regulation to be carried out at least cost to the taxpayer.




  30
                                                                                 The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                                  Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Small Firms Impact Test

35. Some installations regulated under the 2003 Regulations will be small
firms. In particular, increases in subsistence charges for part B installations
and for IPPC farms are being held to below staff cost increases. The increased
subsistence fee for component based activities could affect some small firms,
but the impact will be proportional to the number of components allocated
and hence for smaller firms the impact is not considered significant in absolute
terms as noted in paragraph 25 above. Comparable charges are significantly
higher in other parts of the UK – see tables 2 and 3.

36. The only change to component allocation which will increase costs is
that proposed for rendering activities, which are not considered small firms.
The assessment above has already revealed that the costs are insignificant in
relation to the overall operational costs and revenues of these firms.




Competition Assessment
37. Charges in Northern Ireland will generally remain below those in the
rest of the UK and so no impacts on competition are envisaged as revealed
in the competition filter. No competition effects within individual sectors in
Northern Ireland are anticipated.




Enforcement, sanctions and monitoring
38. The payment of all charges is mandatory. The Chief Inspector can enforce
bad debts in the usual way and can revoke permits for non payment of fees
and charges without scope for appeal. These fees and charges are reviewed
regularly.




Implementation and delivery plan

39. It is proposed to implement the revised charging scheme with effect from
1st April 2008.




                                                                                                                                                        31
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper            www.ehsni.gov.uk




Post implementation review

40. Regular reviews of fees and charges will be undertaken to ensure that cost
recovery is maintained, with an RIA as appropriate and similar consultation
procedures as for these proposals. All proposed changes are also subject to
approval by the Department of Finance and Personnel. Fees and charges
are reviewed annually by EHS Finance Branch through the compilation of a
Memorandum Trading Account (MTA) which shows income and expenditure
for the year ended. In addition, fees and charges and associated MTAs are
subject to periodic review by DRD Internal Audit and also subject to annual
review by the Northern Ireland Audit Office.

Summary and recommendation

41. Charges should be increased as set out in the Appendix. The proposed
increases are in line with staff costs or lower, apart from the proposed increase
in the part A component based subsistence charge which is necessary to
address substantial under recovery of costs.

42. Changes should be made to the allocation of components to rendering,
large food processing and inorganic chemicals sectors to better reflect the
regulatory effort associated with these sectors.

43. Charging Band 4 for part A farming installations should be removed.

44. Part B charges should be included in the charging scheme to reflect the
transfer of these operations to the Pollution Prevention and Control regime
from the Industrial Pollution Control (NI) Order 1997.




  32
                                                                          The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                           Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper



Appendix

Proposed charges

 Type of charge                                       Proposed        Existing charge          % increase                    Last change
                                                      charge 2008/9

                                                      £4385 per       £4135 per
 Part A application (component based activities)                                               6                             2005/6
                                                      component       component

 Part A application (concessionary fee for
                                                      £2825 per       £2665 per
 incineration activities described in Part A (d) or                                            6                             2005/6
                                                      component       component
 (e) in Section 5.1)

 Application fee for directly associated APC
                                                      £1740           £1680                    3.5                           2005/6
 activity

                                                      £1525 per       £1424 per
 Part A subsistence (component based activities)                                               7                             2007/8
                                                      component       component

 Subsistence fee for directly associated APC
                                                      £1050           £1030                    2                             2005/6
 activity

 Part A standard variation (component based           £1283 per       £1240 per
                                                                                               3.5                           2005/6
 activities)                                          component       component

 Part A substantial variation (component based        £2275 per       £2275 per
                                                                                               0                             2005/6
 activities)                                          component       component

 Part A substantial variation for directly
                                                      £1045           £1010                    3.5                           2005/6
 associated APC activity


 Part A transfer (complete)                           £288             £278                    3.5                           2007/8


 Part A transfer (partial)                            £1490           £1440                    3.5                           2005/6


 Part A transfer (specified waste management
                                                      £1102           £1065                    3.5                           2005/6
 activities supplement)


 Part A surrender                                     £2345           £2345                    0                             2005/6


 Part A surrender – supplementary charge for
                                                      £1865           £1865                    0                             2005/6
 landfills

 Part A surrender (concessionary fee for
 incineration activities described in Part A (d) or   £288             £278                    3.5                           2007/8
 (e) in Section 5.1)

 Part A low impact application                        £1985           £1918                    3.5                           2007/8


 Part A low impact subsistence                        £408             £394                    3.5                           2007/8



                                                                                                                                                 33
The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper                                                   www.ehsni.gov.uk




                                                                     Proposed charge
 Type of charge                                                                        Existing charge   % increase   Last change
                                                                     2008/9
 Part A low impact variation, transfer
                                                                     £288              £278              3.5          2007/8
 or surrender

 Standard Farm Charges

 Farm applications

 Band1                                                               £1985             £1918             3.5          2007/8

 Band2                                                               £2375             £2296             3.4          2007/8

 Band3                                                               £2830             £2733             3.5          2007/8

 Band1 landspreading                                                 £348              £336              3.6          2007/8

 Band2 landspreading                                                 £462              £446              3.6          2007/8

 Band3 landspreading                                                 £582              £562              3.6          2007/8

 Farm Subsistence

 Band1                                                               £1050             £1030             1.9          2007/8

 Band2                                                               £1445             £1415             2.1          2007/8

 Band3                                                               £1740             £1705             2.1          2007/8

 Band1 landspreading                                                 £224              £220              1.8          2007/8

 Band2 landspreading                                                 £331              £325              1.8          2007/8

 Band3 landspreading                                                 £444              £435              2.1          2007/8

 Farm variations

 Standard                                                            £288              £278              3.5          2007/8

 Substantial                                                         £1335             £1335             0            2007/8

 Farm transfer                                                       £288              £278              3.5          2007/8

 Farm surrender                                                      £288              £278              3.5          2007/8




  34
                                                                     The Pollution Prevention and Control (Industrial Pollution and Radiochemical
www.ehsni.gov.uk                                                      Inspectorate) Charging Scheme (Northern Ireland) 2008 Consultation Paper




                                         Proposed charge
 Type of charge                                            Existing charge          % increase                       Last change
                                         2008/9

 Non standard farm charges

 Non standard farm applications


 Band1                                   £4639             £4482                    3.5                              2007/8


 Band2                                   £5682             £5490                    3.5                              2007/8


 Band3                                   £6841             £6610                    3.5                              2007/8


 Non standard farm subsistence


 Band1                                   £2219             £2175                    2                                2007/8

 Band2                                   £2774             £2720                    2                                2007/8

 Band3                                   £3300             £3235                    2                                2007/8

 Non standard variation                  £1215             £1175                    3.5                              2005/6

 Non standard substantial variation      £2560             £2560                    0                                2005/6

 Non standard farm surrender             £695               £672                    3.5                              2007/8


 Part B Charges included in PPC scheme

 Part B application                      1530              1530                     0                                2005/6


 Part B subsistence                      955               935                      2                                2005/6

                                                           New charge –
 Part B total transfer                   155               matches LAPPC in                                          N/A
                                                           England and Wales
                                                           New charge –
 Part B partial transfer                 457               matches LAPPC in                                          N/A
                                                           England and Wales

 Part B substantial change variation     980               920                      6.5                              2005/6




                                                                                                                                            35
                                                                                  ANNEX II


                             DRAFT CHARGING SCHEME




 The Pollution Prevention and Control (Industrial
Pollution and Radiochemical Inspectorate) Charging
          Scheme (Northern Ireland) 2008


                   Department of the Environment
                                    1 April 2008


  A Charging Scheme made under Regulation 22 of The Pollution Prevention and Control
 Regulations (Northern Ireland) 2003 in respect of permits granted under those Regulations
Department of the Environment
A CHARGING SCHEME MADE UNDER REGULATION 22 OF THE POLLUTION PREVENTION AND
CONTROL REGULATIONS (NORTHERN IRELAND) 2003 IN RESPECT OF PERMITS GRANTED UNDER
THOSE REGULATIONS

  The Pollution Prevention and Control (Industrial Pollution and Radiochemical Inspectorate)
                          Charging Scheme (Northern Ireland) 2008
The Department of the Environment, in exercise of the powers conferred on it by Regulation 22 of The
Pollution Prevention and Control Regulations (Northern Ireland) 2003, hereby makes the following
charging scheme.

Citation and commencement
1. This charging scheme may be cited as The Pollution Prevention and Control (Industrial Pollution
   and Radiochemical Inspectorate) Charging Scheme (Northern Ireland) 2008 and shall come into
   operation on 1st April 2008. This scheme supersedes The Pollution Prevention and Control
   (Industrial Pollution and Radiochemical Inspectorate) Charging Scheme (Northern Ireland) 2007.

Interpretation
2. (1) In this scheme, unless the contrary intention appears:
    “activity” means any activity carried on as part of a Part A or Part B installation whether or not
    described in Schedule 1 to the Regulations, and in a case where an activity falls within two or
    more descriptions in Schedule 1 to the Regulations, that activity shall be regarded for the purposes
    of this scheme as falling within that description which fits it most aptly;
    “APC activity” means any activity which would, prior to the requirement for a permit, have
    required a Part B or Part C authorisation or permit, and which now falls within a Part A
    installation to be regulated by the chief inspector;
    “component” means any component as defined in the Schedule which forms part of this scheme;
    “farming activity” means an activity which falls within any description in Section 6.9 of Part 1 of
    Schedule 1 to the Regulations;
    “low impact installation” means an installation which, in the opinion of the chief inspector, cannot
    result in emissions or where, in the opinion of the chief inspector, there is no likelihood that it will
    result in emissions except in a quantity which is so trivial that it is incapable of causing pollution
    or its capacity to cause pollution is insignificant;
    “non standard farming application” means an application for a permit or a variation of a permit in
    respect of a farming activity which is not a standard farming application;
    “non standard farming permit” means a permit for a farming activity which does not contain all
    the conditions applicable to that category of farming activity, specified in the “Standard Farming
    Installation Rules and Guidance” issued by the chief inspector and in force at the time the charge
    in question is payable;
    “Part B or Part C authorisation” means an authorisation for a prescribed Part B or Part C process
    designated for restricted central control or local control granted under Article 6 of the 1997 Order;
    “permit” means a permit granted under regulation 10 of the Regulations;
    “standard farming application” means an application for a permit or for a variation of a permit in
    respect of a farming activity, which demonstrates that the operator will be able to operate that part
    of the installation which is a farming activity so as to comply with all of the conditions (applicable
    to the category of farming activity, for which he is applying), specified in the “Standard Farming
    Installation Rules and Guidance” issued by the chief inspector and in force at the date of the
    application and in which the operator requests the grant of a standard farming permit;




                                                     1
      “standard farming permit” means a permit for a farming activity which contains all the conditions
      applicable to that category of farming activity, specified in the “Standard Farming Installation
      Rules and Guidance” issued by the chief inspector and in force at the time the charge in question
      is payable;
      “the 1997 Order” means The Industrial Pollution Control (Northern Ireland) Order 1997;
      “the chief inspector” means the person appointed as such under regulation 8 of the Regulations;
      “the Department” means the Department of the Environment;
      “the Regulations” means The Pollution Prevention and Control Regulations (Northern Ireland)
      2003 and expressions used in this charging scheme shall have the same meaning as in the
      Regulations;
      (2) For the purposes of this scheme references to “installation” ,“Part A installation” or “Part B
      installation” shall be taken to include references to “mobile plant”, “Part A mobile plant” or “Part
      B mobile plant”, unless the contrary intention appears, and where the context requires shall mean
      only that part of the installation which is the subject of the permit or the application for a permit.

Application
3. This scheme applies to:
      (1) an application made on or after 1st April 2008 under regulation 10(1) of the Regulations for a
          permit to operate a Part A or Part B installation;
      (2) the subsistence of a permit to operate a Part A or Part B installation;
      (3) an application made on or after 1st April 2008 under regulation 17 of the Regulations for the
          variation of the conditions of a permit to operate a Part A or Part B installation;
      (4) the service by the chief inspector of a variation notice under regulation 17 of the Regulations,
          being a notice to which regulation 17(6) applies;
      (5) the service by the chief inspector of a notice under paragraph 4(5) of Schedule 7 to the
          Regulations;
      (6) an application made on or after 1st April 2008 under regulation 18 to transfer a permit for a
          Part A or Part B installation, whether in whole or in part;
      (7) an application made on or after 1st April 2008 under regulation 19 to surrender a permit for a
          Part A installation, whether in whole or in part.

Permit Application Charge
4. A permit application charge must accompany every application for a new permit.
5. Except in those cases described in Articles 7 and 23 of this scheme, the permit application charge
   for a part A installation shall be the total of:
   (1) a component charge of £4,385 for activities that have not previously been regulated as Part A
       processes under the 1997 Order, except for activities described in Part A(d) and (e) of Section
       5.1 of Part 1 of Schedule 1 to the Regulations1 where the component charge shall be £2,825
        multiplied by the total number of components of each type comprised in the Part A
        installation; and
      (2) where any of the activities to be carried on in the Part A installation is an APC activity, the
          amount of £1,740; and
      (3) where any of the activities to be carried on in the Part A installation is a farming activity, the
          applicable permit application charge specified in Article 24 of this scheme.
6. The permit application charge for a part B installation shall be £1530.

1
    As amended by S.R. 2003 No. 390.


                                                      2
    Part A Mobile Plant
7. In the case of an application for a permit to operate a Part A mobile plant, where the Part A mobile
   plant has already been the subject of a permit granted under regulation 10 of the Regulations, the
   permit application charge shall be the amount equal to the total of the charges that would be
   payable under Article 14 of this scheme.

Subsistence Charge
8. An annual subsistence charge shall be payable in respect of the subsistence of a permit to operate a
   Part A or Part B installation on the date of coming into effect of the permit; and annually
   thereafter.
9. Subject to Article 11, except for the case described in Article 23 of this scheme, the annual
   subsistence charge for a Part A installation shall be the total of:
    (1) the sum of £1,525 multiplied by the total number of components comprised in the Part A
        installation; and
    (2) where any of the activities to be carried on in the Part A installation is an APC activity, the
        amount of £1,050; and
    (3) where any of the activities to be carried on in the Part A installation is a farming activity, the
        applicable subsistence charge specified in Article 24 of this scheme.


10. Subject to Article 11, the annual subsistence charge for a Part B installation shall be £955.


    Mid-year adjustments
11. (1) Subject to paragraph (2), in the case of a permit coming into effect after the start of the
    financial year (1st April), the subsistence charge shall be the annual subsistence charge as provided
    by Articles 9, 10 or 23 of this scheme adjusted pro rata to the period beginning with the 1st day of
    the month following the permit coming into effect and ending on the last day of March following.
    (2) In the case of a permit which replaces a previous authorisation under the 1997 Order, coming
    into effect after the start of the financial year (1st April), the subsistence charge shall be the annual
    subsistence charge as provided by Articles 9, 10 or 23 of this scheme less any subsistence charge
    paid for the year for the authorisation under the 1997 Order, adjusted pro rata to the period
    beginning with the 1st day of the month following the permit coming into effect and ending on the
    last day of March following.
    (3) In the case of a permit which is varied after the date on which the subsistence charge is
    payable, in a way which would affect the calculation of the subsistence charge under this scheme,
    the charge payable will be adjusted from the start of the following financial year.
    Monitoring Charges for Part A installations
12. (1) The cost of monitoring, site surveys and investigations carried out by agents acting on behalf
    of the chief inspector in relation to Part A installations will be recovered, where appropriate, by
    means of a direct charge per permit to be notified from time to time to the operator. The charge
    will be equal to the actual expenditure incurred by the chief inspector in respect of such
    monitoring in relation to the installation concerned and will be additional to the annual subsistence
    charge specified in Article 9.
    (2) In cases where a charge for monitoring is payable but the permit is revoked, the person
    previously operating the installation shall continue to be liable for the monitoring charge insofar as
    it relates to any actual expenditure incurred by the chief inspector on monitoring in respect of that
    Part A installation in the year of revocation or in prior years.




                                                     3
Variation Charges
13. A variation charge is payable for standard and substantial variations for Part A installations and
    for substantial variations only for Part B installations. No charge is payable for changes of a purely
    administrative nature.
    Standard Variation
14. Except in the case described in Article 23, the standard variation charge for a Part A installation
    shall be the total of:
    (1) the sum of £1,283 multiplied by the total number of components in the installation that will be
        affected by the variation; and
    (2) where any of the activities to be carried on in the Part A installation is a farming activity, the
        applicable variation charge specified in Article 24 of this scheme.
    Substantial Variation
15. A substantial variation charge shall be payable where the chief inspector serves on the operator a
    notice under paragraph 4(5) of Schedule 7 to the Regulations.
16. The substantial variation charge for a Part A installation shall be the total of:
    (1) the charge payable under Article 14 above; and
    (2) the sum of £2,275 multiplied by the total number of components in the installation that will be
        affected by the variation; and
    (3) where any of the activities to be carried on in the Part A installation is an APC activity which
        will be affected by the variation, the amount of £1,045; and
    (4) where any of the activities to be carried on in the Part A installation is a farming activity, the
        applicable variation charge specified in Article 24 of this scheme.
17. The substantial variation charge for a part B installation shall be £980.

Transfer Charges
18. A transfer charge shall accompany an application to transfer, in whole or in part, a permit for an
    installation, made under regulation 18 of the Regulations.
19. Except in the case described in Article 23 of this scheme, the transfer charge for a Part A
    installation shall be:
    Transfer of Whole
    (1) In the case of an application to transfer the whole of a permit the sum of £288, except where
        the installation includes a specified waste management activity (as defined in regulation 2 of
        the Regulations), where an additional charge of £1,102 is payable.
    Transfer of Part
    (2) In the case of an application to transfer part of a permit the total of:
        (a) the sum of £1,490 for the total number of components comprised within the installation;
            and
        (b) where any of the activities to be transferred include a specified waste management
            activity, the sum of £1,102; and
        (c) where any of the activities to be transferred include a farming activity, the applicable
            transfer charge specified in Article 24 of this scheme.
20. The transfer charge for a part B installation shall be:
    Transfer of Whole
    (1) In the case of an application to transfer the whole of a permit the sum of £155.


                                                     4
    Transfer of Part
    (2) In the case of an application to transfer part of a permit the sum of £457.

Surrender Charge
21. A surrender charge shall accompany an application to surrender, in whole or in part, a permit for a
    Part A installation, made under regulation 19 of the Regulations.
22. Except in the case described in Article 23 of this scheme, the surrender charge shall be the total of:
    (1) the sum of £2,345 for the total number of components comprised within the installation,
        except for activities described in Part A (d) and (e) of Section 5.1 of Part 1 of Schedule 1 to
        the Regulations1, where a charge of £288 shall apply; and
    (2) where any of the activities to be surrendered include a landfill activity, the sum of £1,865; and
    (3) where any of the activities comprised within the installation is a farming activity, the
        applicable charge specified in Article 24 of this scheme.

Charges for Low Impact Installations
23. The following charges shall apply to a low impact installation:
    (1) The permit application charge for a low impact installation shall be the sum of £1,985.
    (2) Subject to the provisions of Article 11 of this scheme, the annual subsistence charge for a low
        impact installation shall be the sum of £408.
    (3) The standard variation charge for a low impact installation shall be the sum of £288.
    (4) The transfer charge for a low impact installation shall be the sum of £288.
    (5) The surrender charge for a low impact installation shall be the sum of £288.

Charges for Farming Activities
24. The following charges shall apply (in accordance with the provisions of Articles 5, 9, 14, 16, 19,
    and 22 of this scheme) to a farming activity within these set charge bands:

                       Band         Poultry                      Pigs *

                       Band 1       40,000 – 80,000              2,000 – 4,500 production pigs

                       Band 2       80,000 – 150,000             750 – 1,000 sows or 4,500 –
                                                                 6,500 production pigs

                       Band 3       More than 150000             More than 1,000 sows or
                                                                 6,500 production pigs

* Where the installation has sows and production pigs greater than 30 kg present and either the number of sows or production
pigs or both exceeds the threshold, the charge shall be calculated based on the number of ‘production pig places’ with a sow
equal to 5 places and a production pig equal to one place. For example, a farm with 800 sows and 3,000 finishers over 30 kg
would have the equivalent of 7,000 production pigs places and would fall into charging band 3.

    Permit Application Charge
    (1) The permit application charge for a farming activity shall be:
         (a) In the case of a standard farming application:
              Band 1         £1,985
              Band 2         £2,375
              Band 3         £2,830



                                                             5
    (b) An additional application charge is payable for a standard farming application where land
        spreading of manure or slurry takes place:
        Band 1       £348
        Band 2       £462
        Band 3       £582
    (c) In the case of a non standard farming application:
        Band 1       £4,639
        Band 2       £5,682
        Band 3       £6,841
Subsistence Charge
(2) Subject to the provisions of Article 9 of this Scheme, the annual subsistence charge for a
    farming activity shall be:
    (a) In the case of a standard farming permit:
        Band 1       £1,050
        Band 2       £1,445
        Band 3       £1,740
    (b) An additional subsistence charge is payable for a standard farming permit where land
        spreading of manure or slurry takes place:
        Band 1       £224
        Band 2       £331
        Band 3       £444
    (c) In the case of a non standard farming permit:
        Band 1       £2,219
        Band 2       £2,774
        Band 3       £3,300
Standard Variation Charge
(3) The standard variation charge for a farming activity shall be:
    (a) In the case of a standard farming permit the sum of £288.
    (b) In the case of a non standard farming permit the sum of £1,215.
Substantial Variation Charge
(4) The substantial variation charge for a farming activity shall be the total of the charge for a
    standard variation (as defined in Article 24(3) of this scheme) in addition to:
    (a) In the case of a standard farming permit the sum of £1,335.
    (b) In the case of a non standard farming permit the sum of £2,560.
Transfer Charge
(5) The transfer charge for a farming activity (whether the application is for a transfer in whole or
    in part) shall be the sum of £288.
Surrender Charge
(6) The surrender charge for a Farming Activity shall be:



                                               6
         (a) In the case of an application to surrender a Standard Farming Permit (whether in whole or
             in part) the sum of £288.
         (b) In the case of an application to surrender a Non Standard Farming Permit (whether in
             whole or in part) the sum of £695.

Liability to Pay the Charges
25. (1) The persons set out below shall be liable to pay the charges payable under this Scheme:
         (a) in respect of charges arising under Articles 3(1), (3), (6) and (7), the person or persons
             making the application in question.
         (b) in respect of charges arising under Article 3(2), the holder of the permit in respect of
             which the charge is payable.
         (c) in respect of charges arising under Articles 3(4) and (5) the person or persons upon whom
             the notice in question is served.
    (2) In the case of an application for a permit being withdrawn, no refund of the application fee
    will be made.

Time of Payment
26. (1) Subject to paragraph (2), charges payable under this Scheme shall be due and payable to the
    Department in full on or after 1st April 2008:
         (a) in respect of charges arising under Articles 3(1), (3), (6) and (7), on the making of the
             application in question.
         (b) in respect of charges arising under Articles 3(4), 3(5) and 13, on demand.
         (c) in respect of charges arising under Article 3(2), annually on demand.
    (2) In respect of charges arising under Article 24(2), the Department may issue a quarterly
    demand for payment.
    (3) For the purposes of paragraph (1) above, “financial year” shall mean a year commencing on 1st
    April and ending on 31st March.


Sealed with the Official Seal of the Department of the Environment on xx March 2008




Dr Roy Ramsay
A Senior Officer of the Department of the Environment

(L.S.)




                                                   7
Schedule                                                                     Article 2(1)
Component Allocation to Part A Activities

1.   Interpretation

(1) The activities listed in the chapters to this Schedule include both those described in
    Schedule 1 to the Regulations and any other activities which may form part of a Part A
    installation within the meaning of the Regulations. Also, chapter and section references in
    the Schedule are those described in Schedule 1 to the Regulations and references to
    Schedule 1 are references to Schedule 1 to the Regulations.

(2) The number of components attributable to an installation shall include the sum of all
    those components attaching to each and every activity carried on within the installation.

(3) Unless otherwise stated, where more than one action is described in a component
    definition, then the actions taken either individually or collectively count as the ascribed
    number of components. For example, the component descriptions in section 1.2 include:

     “All tar removal, liquor removal and naphthalene wash”

     This means that if the only action in the activity is tar removal, it counts individually as
     one component. It means also that if the activity involves tar removal, liquor removal and
     naphthalene wash or any combination of these then the actions taken collectively count as
     one component.

(4) Activities which are a farming activity or an APC activity shall have no components in
    any event.

(5) Nothing in this Schedule shall apply to an activity which is or is part of a Part B
    installation, a transferred Part C installation, or a low impact installation.


2.   Definitions

     For the purposes of this scheme the following definitions apply:

(1) Raw materials: All materials used in the activity including organic solvents but excluding
    water and material recycled within the activity.

(2) Products: All output from the activity including liquid or solid carriers but excluding any
    water in the product, material recycled within the activity, and all effluent and waste. For
    plating, coating and similar surface treatments the weight of treatment material refers to
    the weight of material added or removed.

(3) Year: Means calendar year

(4) Use: Where a component definition is based on the quantities of substance(s) used this
    shall mean the total quantities of substance(s) consumed in or released from the activity.




                                                8
3. Pilot and Development Activities

     Where an installation contains pilot and development activities that are not parts of
     another activity described in Schedule 1 to the Regulations, those activities will be treated
     as follows:

(1) Pilot and development activities are treated differently from other activities if they are
    undertaken by the same operator on the same site and together use a total of less than 100
    tonnes of raw materials per year. Where the pilot and development activities use 100
    tonnes or more of raw materials per year, the largest activity will be treated according to
    the corresponding section of the scheme. The remaining activities will be treated
    according to the procedure for pilot and development activities in this section.

(2) Pilot and development activities are permitted under the section of Schedule 1 to the
    Regulations which most aptly describes the activity.

(3) For the first pilot or development activity applied for by an operator in relation to an
    installation: 1 component

(4) For each further pilot and development activity applied for by the same operator in
    relation to the same installation: 1 component

4.   Component Allocation for ex-IPC processes

(1) In the case of an installation which includes any activity which was immediately prior to
    the requirement to have a permit under the Regulations, the subject of an authorisation for
    a Part A process granted under The Industrial Pollution Control (NI) Order 1997, the
    number of components attributable to that activity or activities shall not exceed the
    number of components which would be attributable to them under the Industrial Pollution
    Control (Industrial Pollution and Radiochemical Inspectorate) (Fees and Charges)
    Scheme in force on the date the charge in question is payable.

(2) Any remaining activities within the installation which were not so covered by an
    authorisation will be treated according to the corresponding section of the scheme and the
    number of components determined for these activities added to those determined in sub-
    paragraph 1 above.

5.   Envelope Activities

     In the case of activities described in chapter 4 of this Schedule, where several production
     sequences are undertaken on similar or the same plant within the same installation, by the
     same operator and where all fall within descriptions in the same section of Schedule 1 to
     the Regulations, then they may be grouped together as a single activity (the “envelope
     activity”) for the purposes of the calculation of components. The most apt description in
     Schedule 1 should be selected as the envelope activity.

6.   Minimum Component Allocation

     Where an activity is not part of a low impact installation and is not a farming activity or
     an APC activity and no components described in this Schedule are attributable, the
     activity shall be deemed to comprise one component.


                                                9
TABLE OF COMPONENTS
CHAPTER 1: ENERGY INDUSTRIES
Section   DESCRIPTION                                                                                                                                              No. of       Scheme
                                                                                                                                                                   components   Ref. No.
   1.1    Combustion
                    All installations with appliances individually less than 50 MWth.                                                                                   1         1101
                (the component below for raw materials handling does not apply)
               All waste gas treatment plants on installations with an aggregate capacity of all                                                                        1         1102
                combustion plant of 300 MWth or more.
          Activities described in paragraph (a):
                All raw materials handling for combustion appliances.                                                                                                   1         1103
                (This does not apply to the use of gaseous fuel).
                     All appliance waste handling on locations with an aggregate capacity of 300 MWth or more.                                                          1         1104
                (This does not apply to the use of gaseous fuel).
                Each appliance 50 MWth or more but less than 300 MWth .                                                                                                 1         1105
                Each appliance 300MWth or more.                                                                                                                         2         1106
          Activities described in paragraph (b):
                                                                                                                                                                        1         1107
                    Each appliance burning waste or recovered oil or fuel manufactured from or comprising waste 20 MWth or more.
                (Appliances in this category do not count as an appliance in term of the preceding components and the component above for
                raw materials handling does not apply)
          All locations with appliances burning waste or recovered oil or fuel manufactured from or comprising waste individually less than 20 MWth.                    1         1108
                 (Appliances in this category do not count as an appliance in term of the preceding components and the component above for
                 raw materials handling does not apply)
          Notes to Section 1.1
          1.   Waste heat boilers. Waste heat boilers are to be included as appliances, their thermal input being measured on the extent of auxiliary and/or
               supplementary firing only.
          2.   Reheat and treatment furnaces. Except for activities described in Section 2.1 of Schedule 1 of the Regulations, reheat and treatment furnaces
               are authorised as combustion activities and included with any other combustion activities at the same location for the purpose of calculating the
               number of components.
          3.   Aggregation. In aggregating the capacity of combustion plant, any such plant with a net thermal input of less than 3 megawatts shall be
               excluded.
                                                                                            10
Section                                                                 DESCRIPTION                                                                       No. of        Scheme
                                                                                                                                                           components      Ref. No.
   1.2                        Refining mineral oil and gas, operating coke ovens and coal gasification and liquefaction activities
          Activities described in paragraphs (a), (b), (d), (e) and (f)
                All refining of gas.                                                                                                                           1            1201
                Each reformer of natural gas.                                                                                                                  1            1202
                All odorising natural gas and liquefied petroleum gas.                                                                                         1            1203
                All handling of coal, lignite, oil and other carbonaceous material.                                                                            1            1204
                Each independently heated gasifier or vaporiser as used for activities described in paragraph (d).                                             1            1205
                All tar removal, liquor removal and naphthalene wash.                                                                                          1            1206
                All benzole wash and benzole distiller.                                                                                                        1            1207
                All hydrogen sulphide removal.                                                                                                                 1            1208
                All drying.                                                                                                                                    1            1209
                All carbon dioxide removal.                                                                                                                    1            1210
                Where any of the products of activities described in paragraphs (a), (b) and (d) are converted into a different product and this
                conversion would otherwise be described in another parts of Schedule 1 of the Regulations, then the components applicable to that part
                or parts of this Scheme shall additionally apply. Where however the products being converted are the result of an activity described in
                paragraph (b) then the only components from this part of the Scheme to apply for each reformer of natural gas shall be:                        1            1211
          Activities described in paragraphs (g), (h) and (i):
                All crude oil storage and handling.                                                                                                            1            1212
                Each crude distillation unit.                                                                                                                  1            1213
                Each vacuum distillation unit.                                                                                                                 1            1214
                Each catalytic reformer.                                                                                                                       1            1215
                Each hydrodesulphurisation.                                                                                                                    1            1216
                (this component does not apply if the hydrodesulphurisation is integrated with another unit to which a component is attributed)
                Each cracking activity.                                                                                                                        1            1217
                Each hydrogen fluoride alkylation.                                                                                                             1            1218
                All sulphur removal and recovery plant.                                                                                                        1            1219
                All production and storage of aromatic compounds.                                                                                              1            1220
                All production and storage of ethers.                                                                                                          1            1221
                All production and storage of liquefied petroleum gases.                                                                                       1            1222
                All production and storage of lubricating oils.                                                                                                1            1223
                All odorising liquefied petroleum gas.                                                                                                         1            1224
          Activities described in paragraphs ( c ) and (j);
                All raw materials handling.                                                                                                                    1            1225
                Each independently heated battery or process unit.                                                                                             1            1226
                By – product purification.                                                                                                                     2            1227
                All gas treatment.                                                                                                                             1            1228
                All product handling, crushing and screening.                                                                                                  1            1229
                                                                                           11
CHAPTER 2: PRODUCTION AND PROCESSING OF METALS
Section   DESCRIPTION                                                                                                                                  No. of                 Scheme
                                                                                                                                                     components               Ref. No.
    2.1   Ferrous metals
          Activities described in paragraphs (a), (b), (c), and (d)                                                                                        1                    2101
                All materials handling and storage.
                All iron ore handling.                                                                                                                     1                    2102
                Each of the first two blast furnaces.                                                                                                      2                    2103
                Each subsequent blast furnace.                                                                                                             1                    2104
                Each of the first two basic oxygen steel - making vessels.                                                                                 2                    2105
                                                                                                                                                           1                    2106
                    Each subsequent basic oxygen steel – making vessel-
                All iron re – lading and desulphurisation.                                                                                                 1                    2107
                The first secondary steel- making station.                                                                                                 1                    2108
                All subsequent secondary steel – making stations.                                                                                          1                    2109
                All furnaces not described above, other than reheat and treatment furnaces. (See note to this Section of the Scheme)                       1                    2110
                All rolling of iron, steel or any ferrous alloy.                                                                                           1                    2111
                All roasting.                                                                                                                              1                    2112
                Each calciner.                                                                                                                             1                    2113
                All sinter strands.                                                                                                                        1                    2114
                Each pelletiser.                                                                                                                           1                    2115
                Each appliance used solely to remove contamination.                                                                                        1                    2116
                All foundry activities.                                                                                                                    1                    2117
          Activities described in paragraphs (e), (f), (g), and (h)
                                                                                                                                                           1                    2118
                All activities described in paragraphs (e) , (f), (g) or (h)
          Note to Section 2.1
          1. Components for reheat furnaces, treatment furnaces, boilers and other combustion appliances not already described above shall be included additionally and calculated as
          described in Section 2.1 of this scheme.
                                                                                          12
Section   DESCRIPTION                                                                                                                                            No. of     Scheme
                                                                                                                                                               Components   Ref. No.
   2.2
          Non – ferrous metals
          Activities described in paragraph (a) for the electrolytic production of aluminium from alumina:
                All alumina handling and recycling.                                                                                                                1         2201
                All anode preparation and recycle. (unless more aptly described elsewhere in this Scheme).
                                                                                                                                                                   1         2202
                 All anode bake (unless more aptly described elsewhere in this Scheme).                                                                            1         2203
                 Each pot line, i.e. each group of electrolytic cells connected in series to the electrical supply.                                                1         2204
                 All gas treatment                                                                                                                                 1         2205
                 All metal treatment                                                                                                                               1         2206
          Activities described in paragraph (d) for making, melting, producing or recovering lead or any alloy of lead:
                     All raw materials handling and storage, including battery breaking                                                                            1         2207
                     Each vessel used primarily for melting bullion, ingot and refined lead, with a holding capability of 150 tonnes or more.                      1         2208
                     All vessels used primarily for melting bullion, ingot and refined lead, with a holding capability of less than 150 tonnes.                    1         2209
                     Each furnace or vessel for melting scrap lead and other lead bearing materials, with a melting capability of 1 tonne per hour or more.        1         2210
                     All furnaces and vessels for melting scrap lead and other lead bearing materials, with a melting capability of less than 1                    1         2211
                     tonne per hour.
                     All waste and by – product handling.                                                                                                          1         2212
          Activities described in paragraph (f) for producing, melting or recovering by the use of heat, cadmium or mercury or any alloy containing more           1         2213
          than 0.05 per cent by weight of either of those metals, where the furnace has a melting capacity of 0.50 tonnes or less.
          Activities described in paragraph (h) involving the use of beryllium or selenium or an alloy of one or both of these metals, where the activity is
          likely to use less than 1 tonne of beryllium or selenium per year.                                                                                       1         2214
          Activities described in paragraph (b) where no furnace, bath or holding vessel used in the plant for the melting has a design holding capacity of        1         2215
          5 tonnes or more (no other components in this section apply) :
                                                                                             13
Section     DESCRIPTION                                                                                                                                         No. of     Scheme
                                                                                                                                                              Components   Ref. No.
2.2         Non ferrous metals (continued)
            Activities described in paragraphs (a) to (i) inclusive except activities described above:
                       All raw materials handling and storage.                                                                                                    1         2216
                       All furnaces with a melting capacity of 1 tonne or more per hour and less than 5 tonnes per hour.                                          1         2217
                       All treatment vessels with a holding capacity of 5 tonnes or more but less than 25 tonnes.                                                 1         2218
                       Each furnace with a melting capacity of 5 tonnes or more per hour.                                                                         1         2219
                       Each treatment vessel with a holding capacity of 25 tonnes or more.                                                                        1         2220
                       Where a furnace is used as a treatment vessel or a treatment vessel is used as a furnace then
                       (i) if the holding capacity is 25 tonnes or more, or if the melting capacity is 5 tonnes or more per hour, for each such furnace or        1         2221
                              treatment vessel.
                       (ii) if the holding capacity is 5 tonnes or more but less than 25 tonnes and the melting capacity is 1 tonne or more and less than 5
                              tonnes per hour, all such furnaces or treatment vessels.                                                                            1         2222
                       All roasting                                                                                                                               1         2223
                      Each calciner                                                                                                                               1         2224
                      All sintering                                                                                                                               1         2225
                      Each pelletiser                                                                                                                             1         2227
                      All waste and by – product handling                                                                                                         1         2228
      2.3   Surface Treating Metal and Plastic Materials
                 Plating or surface treatment where the activity uses greater than 10 te/yr of treatment material as a result of the activity.                    2         2301
                 Plating or surface treatment where the activity uses less than 10 te/yr of treatment material as a result of the activity.                       1         2302
                                                                                                14
CHAPTER 3: MINERAL INDUSTRIES
Section   DESCRIPTION                                                                                                            No. of     Scheme
                                                                                                                               Components   Ref. No.
   3.1    Production of cement and lime
          Activities described in paragraph (a):
                All raw materials storage, handling and preparation                                                                1         3101
                All solid fuel handling, storage, handling and preparation                                                         1         3102
                Each cement kiln and associated clinker cooler                                                                     1         3103
                                                                                                                                   1         3104
                    All cement clinker storage and associated milling
                All cement storage, blending, packing and loading                                                                  1         3105
                All uses of bulk cement to manufacture concrete and cement products                                                1         3106
          Activities described in paragraph (b):
                                                                                                                                   1         3107
                    All raw materials storage, handling and preparation
                Each rotary lime kiln                                                                                              1         3108
                All shaft lime kilns                                                                                               1         3109
                                                                                                                                   1         3110
          Activities described in paragraph (c) for grinding cement clinker
                                                                                                                                   1         3111
          Activities described in paragraph (d) for grinding metallurgical slag
   3.2
          Activities involving asbestos
          Activities described in paragraph (a):                                                                                   1         3201
                All raw materials handling
                All manufacture and industrial finishing for each product group described below:
                       Asbestos cement, cement products and insulating board                                                       1         3202
                       Asbestos jointing, packing, reinforcements, filters and packing                                             1         3203
                       Asbestos paper, card and filters                                                                            1         3204
                       Asbestos textiles                                                                                           1         3205
                       Asbestos friction products                                                                                  1         3206
                                                                                                                                   1         3207
                        Asbestos floor coverings
                All manufacture of asbestos containing components using bonding materials requiring curing by heat treatment       1         3208
          Activities described in paragraph (b) and (c):
                Each facility for the stripping of asbestos from railway vehicles                                                  1         3209
                Each facility for the destruction by burning of railway vehicles                                                   1         3210
                All waste handling                                                                                                 1         3211
                                                                                          15
Section   DESCRIPTION                                                                                                                           No. of     Scheme
                                                                                                                                              Components   Ref. No.
    3.3   Glass and glass fibre manufacture
          Activities described in paragraph (a):
                Each kiln                                                                                                                         1         3301
                Each furnace                                                                                                                      1         3302
                Each cupola                                                                                                                       1         3303
                All raw materials handling                                                                                                        1         3304
                All treatment activities and finished products handling                                                                           1         3305
                All optical fibre manufacture from glass (The components above do not apply)                                                      2         3306
          Activities described in paragraph (b):
                                                  All raw materials handling in the manufacture of glass frit or enamel frit                      1         3307
                All glass frit or enamel frit manufacture where the activity is likely to produce 500 or more tonnes of products per year         2         3308
                All glass frit or enamel frit manufacture where the activity is likely to produce less than 500 tonnes of products per year       1         3309
                (The components above do not apply)
                                                                                                                                                  1         3310
          Activities described in paragraph (c) for the manufacture of glass (no other components in this section apply)
    3.4
          Production of other mineral fibres                                                                                                      1         3401
          Each kiln
          Each furnace                                                                                                                            1         3402
          Each cupola                                                                                                                             1         3403
          All raw materials handling                                                                                                              1         3405
          All treatment activities and finished product handling                                                                                  1         3406
    3.5
          Other mineral activities                                                                                                                1         3501
          Activities described in paragraph (a)
    3.6
          Ceramic production                                                                                                                      1         3601
          All manufacture of ceramic products
                                                                                           16
CHAPTER 4: THE CHEMICAL INDUSTRY
Section   DESCRIPTION                                                                                                                                           No. of     Scheme
                                                                                                                                                              Components   Ref. No.
   4.1    Organic chemicals.
          Activities described in paragraph (a) for the manufacture of unsaturated hydrocarbons:
                 All raw materials handling and storage                                                                                                           1         4101
                 All waste handling                                                                                                                               1         4102
                 Each pyrolysis and primary fractionation                                                                                                         1         4103
                 All process gas compression                                                                                                                      1         4104
                 All gas separation                                                                                                                               1         4105
                 All butadiene extraction                                                                                                                         1         4106
                 All gasoline treatment                                                                                                                           1         4107
          Activities described in paragraph (a) for the manufacture of esters in the production of biofuels:
                Where the activity is likely to produce less than 20,000 tonnes of biofuels per year                                                              1         4122
                Where the activity is likely to produce 20,000 tonnes or more but less than 60,000 tonnes of biofuels per year                                    2         4123
                Where the activity is likely to produce more than 60,000 tonnes of biofuels per year                                                              3         4124
          Activities described in paragraph (d):
                 All materials handling                                                                                                                           1         4108
                 All manufacture involving the use of toluene di-isocyanate or other di-isocyanates of comparable volatility or partially polymerised             1         4109
                 di-isocyanates or prepolymers containing these monomers.
          Activities described in paragraph (e):
                 All flame bonding                                                                                                                                1         4110
          All other activities not previously described in this section:
                 (i)        Each activity applied for by an operator in relation to a location where the activity is likely to use less than 100                  1         4111
                            tonnes of raw materials per year.        (The components in (ii), (iii) and (iv) below, do not apply)
                 (ii)       Each activity which may release halogens, hydrogen halides, any oxide of sulphur or acid forming oxide of                             1         4112
                            nitrogen.
                 (iii)      For the first activity in this Section not covered by the description in (i) above, applied for by an operator in relation to a
                            location:
                                All materials handling.                                                                                                           1         4113
                                Where the activity is likely to produce less than 250 tonnes of product per year.                                                 1         4114
                                Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                        2         4115
                                Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product year.                         3         4116
                                Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                4         4117
                 (iv)       For each further activity, additional to an activity in this Section already authorised or the subject of an application, not
                            covered by the description in (i) above, applied for by the same operator in relation to the same location:
                                Where the activity is likely to produce less than 250 tonnes of product per year.                                                 1         4118
                                Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                        2         4119
                                Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                     3         4120
                                Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                4         4121
                                                                                                17
Section   DESCRIPTION                                                                                                                                                No. of     Scheme
                                                                                                                                                                   components   Ref. No.
   4.2    Inorganic chemicals
          Activities for the manufacture, production and use of halogens or their compounds as described in paragraphs (a) and (b):
          Each activity applied for by an operator in relation to a location where the activity is likely to use less than 100 tonnes of raw materials per year.       1         4201
          (The components elsewhere in this Section do not apply)
                For fluorine and chlorine manufacture:
                       All manufacture of fluorine or chlorine where the activity is likely to produce less than 250 tonnes of product per year.                       1         4202
                       All manufacture of fluorine or chlorine where the activity is likely to produce 250 tonnes or more but more but less than 2,000 tonnes
                       of product per year.                                                                                                                            2         4203
                       All manufacture of fluorine or chlorine where the activity is likely to produce 2,000 tonnes or more of product per year.                       3         4204
                       All halogen and tail gas handling.                                                                                                              1         4205
                       All mercury removal.                                                                                                                            2         4206
                For bromine and iodine manufacture:
                       All bromine manufacture.                                                                                                                        1         4207
                       All iodine handling.                                                                                                                            1         4208
                       Each halogen handling.                                                                                                                          1         4209
                       All waste handling                                                                                                                              1         4210
                For each process for the manufacture of a hydrogen halide or its corresponding acid:
                       All raw materials handling                                                                                                                      1         4211
                       All hydrogen halide and acid manufacture.                                                                                                       2         4212
                       All product handling and storage.                                                                                                               1         4213
                       All waste handling storage.                                                                                                                     1         4214
                For each process of manufacture not described above, involving the use or potential release of the substances described in paragraph (b):
                       All halogens or compounds of halogens.                                                                                                          1         4215
                       Where the activity is likely to produce less than 250 tonnes of product per year.                                                               1         4216
                       Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                      2         4217
                       Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                   3         4218
                       Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                              4         4219
          For plastic extrusion or moulding activities described in paragraph (d) by virtue of the use of lead additives                                               1         4220
          (no other components in this Section apply to this activity)
          For cadmium coating or plating as described only in paragraph (f) likely to use less than 10 tonnes of cadmium and cadmium compounds per year.
          (no other components in this Section apply to this activity)                                                                                                 1         4221
          For cadmium coating or plating as described only in paragraph (f) likely to use 10 tonnes or more of cadmium and cadmium compounds per year.
          (no other components in this Section apply to this activity)                                                                                                 2         4222
                                                                                             18
Section   DESCRIPTION                                                                                                                                                      No. of     Scheme
                                                                                                                                                                         Components   Ref. No.
  4.2     Inorganic chemicals (continued)
          Activities for the manufacture, production or recovery of acids as described in paragraphs (a) and (g):
                All raw materials handling in the manufacture of sulphuric acid, oleum and oxides of sulphur.                                                                1         4223
                All waste handling in the manufacture of sulphuric acid and oleum.                                                                                           1         4224
                All recovery and concentration of sulphuric acid and oleum.                                                                                                  1         4225
                All sulphur trioxide and oleum handling.                                                                                                                     1         4226
                Each activity for the manufacture of sulphuric acid or oleum or which may release any oxide of sulphur:
                       Where the activity is likely to produce less than 2,000 tonnes of any product per year.                                                               1         4227
                       Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of any product per year.                                     2         4228
                       Where the activity is likely to produce 20,000 tonnes or more of any product per year.                                                                3         4229
                All raw materials handling in the manufacture of nitric acid.                                                                                                1         4430
                All waste handling in the manufacture of nitric acid.                                                                                                        1         4231
                All recovery and concentration of nitric acid.                                                                                                               1         4232
                Each activity for the manufacture of nitric acid or which may release any acid forming oxide of nitrogen:
                       Where the activity is likely to produce less than 2,000 tonnes of any product per year.                                                               1         4233
                       Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of any product per year.                                     2         4234
                       Where the activity is likely to produce 20,000 tonnes or more of any product per year.                                                                3         4235
                All raw materials handling in the manufacture or purification of phosphoric acid.                                                                            1         4236
                All waste handling in the manufacture or purification of phosphoric acid.                                                                                    1         4237
                All manufacture or purification of phosphoric acid.                                                                                                          1         4238
                All handling of phosphoric acid.                                                                                                                             1         4239
          All other activities not previously described in this Section:
          (i)      Each activity applied for by an operator in relation to a location where the activity is likely to use less than 100 tonnes of raw materials per          1         4240
                   year.      (The components in (ii), (iii) and (iv) below, do not apply)
          (ii)     Each activity which may release halogens, hydrogen halides, any oxide of Sulphur or acid forming oxide of nitrogen                                        1         4241
          (iii)    For the first activity in this Section not covered by the description in (i) above, other than (v) below, applied for by an operator in relation to
                   a location:                                                                                                                                               1         4242
                       All materials handling.
                       Where the activity is likely to produce less than 250 tonnes of product per year.                                                                     1         4243
                       Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                            2         4244
                       Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                         3         4245
                       Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                                    4         4246
          (iv)     For each further activity, additional to an activity in this Section already authorised or the subject of an application, not covered by the
                   description in (i) above, applied for the same operator in relation to the same location:
                       Where the activity is likely to produce less than 250 tonnes of product per year.                                                                     1         4247
                       Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                            2         4248
                                                                                                 19
Section   DESCRIPTION                                                                                                                                              No. of     Scheme
                                                                                                                                                                 Components   Ref. No.
                       Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                 3         4249
                       Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                            4         4250
          (v)      Activities described in paragraph (a) for the manufacture of aluminium sulphate solution:
                         Where the activity is likely to produce less than 2,000 tonnes of product per year                                                          1         4251
                         Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year                                2         4252
                         Where the activity is likely to produce 20,000 tonnes or more of product per year                                                           3         4253
          Notes to section 4.2
          For activities described in paragraphs (b) and (h), other than activities for the manufacture of chemicals, the quantities above shall refer to the
               quantity of the halogens or compounds of halogen described in this Section of Schedule 1 of the Regulations, used in the activity.
          For activities involving the use of any element, mixture or compound as described in paragraph (d), other than activities for the manufacture of
               chemicals, the quantities above shall refer to the (total) quantity of elements, mixtures or compounds referred to in paragraph (d) used in the
               activity.
          Where an activity involves both the manufacture and use of an element or compound described in paragraph (d) the number of components shall be
               derived from the quantity of element or compound manufactured or quantity used whichever is the greater.
  4.3     Chemical fertiliser production
          All materials handling                                                                                                                                     1         4301
          All manufacture and granulation.                                                                                                                           1         4302
          All waste handling, where the activity is likely to produce 100,000 tones or more of product per year.                                                     1         4303
          Where the acid and ammonia used in the manufacture of chemical fertilisers are manufactured at the same installation, and where the manufacture of
          acid and ammonia is not more aptly described in another part of this schedule, then the following components additionally apply:
                For ammonia manufacture the following components apply:
                       Where the activity is likely to produce less than 250 tonnes of product per year.                                                             1         4304
                        Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                   2         4305
                        Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                3         4306
                        Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                           4         4307
                For acid manufacture the applicable components, except those components for raw materials and waste handling, as described for Section 4.2,
                apply
                                                                                              20
Section   DESCRIPTION                                                                                                                                                   No. of     Scheme
                                                                                                                                                                      Components   Ref. No.
  4.4     Biocide production
          All formulation of chemical biocides.                                                                                                                           1         4401
          All formulation materials handling.                                                                                                                             1         4402
          Where the chemicals used in the formulation of biocides are manufacture at the same installation, and where the activity is not more aptly described
          in another part of this schedule, then the following components additionally apply:
          (i)       Each activity applied for by an operator in relation to a location where the process is likely to use less than 100 tonnes of raw materials per       1         4403
                    year. (The components in (ii), (iii) and (iv) below, do not apply)
          (ii)      Each activity which may release halogens, hydrogen halides, any oxide of sulphur or acid forming oxide of nitrogen.                                   1         4404
          (iii)     For the first activity in this Section not covered by the description in (i) above, applied for by an operator in relation to a location:
                        All materials handling.                                                                                                                           1         4405
                        Where the activity is likely to produce less than 250 tonnes of product per year.                                                                 1         4406
                        Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                        2         4407
                        Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                     3         4408
                        Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                                4         4409
          (iv)    For each further activity, additional to a activity in this Section already authorised or the subject of an application, not covered by the
                  description in (i) above, applied for by the same operator in relation to the same location:
                      Where the activity is likely to produce less than 250 tonnes of product per year.                                                                    1         4410
                      Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year.                                           2         4411
                      Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                        3         4412
                      Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                                   4         4413
                                                                                                21
Section   DESCRIPTION                                                                                                                                                  No. of     Scheme
                                                                                                                                                                     Components   Ref. No.
  4.5     Pharmaceutical production
          All formulation materials handling.                                                                                                                            1         4501
          All formulation of medicinal products.                                                                                                                         1         4502
          Where the chemicals used in the formulation of medicinal products are manufactured at the same installation, and where the activity is not more aptly
          described in another part of Schedule 1, then the following components additionally apply:
          (i)     Each activity applied for by an operator in relation to a location where the activity is likely to use less than 100 tonnes of raw materials per       1         4503
                   year. (The components in (ii), (iii) and (iv) below, do not apply)
          (ii)    Each activity which may release halogens, hydrogen halides, any oxide of sulphur or acid forming oxide of nitrogen.                                    1         4504
          (iii)       For the first activity in this Section not covered by the description in (i) above, applied for an operator in relation to a location:
                      All the materials handling                                                                                                                         1         4505
                      Where the activity is likely to produce less than 250 tonnes of product per year.                                                                  1         4506
                      Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year                                          2         4507
                      Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                      3         4508
                      Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                                 4         4509
          (iv)    For each further activity, additional to an activity in this Section already authorised or the subject of an application, not covered by the
                  description in (i) above, applied for by the same operator in relation to the same location:
                      Where the activity is likely to produce less than 250 tonnes of product per year.                                                                  1         4510
                      Where the activity is likely to produce 250 tonnes or more but less that 2,000 tonnes of product per year.                                         2         4511
                      Where the activity is likely to produce 2000 tonnes or more but less than 20,000 tonnes of product per year.                                       3         4512
                      Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                                 4         4513
                                                                                                22
Section   DESCRIPTION                                                                                                                                                  No. of     Scheme
                                                                                                                                                                     Components   Ref. No.
  4.6     Explosives Production
          All materials handling.                                                                                                                                        1         4601
          All formulation of explosive products.                                                                                                                         1         4602
          Where the chemicals used in the formulation of explosives are manufactured at the same installation, and where the activity is not more aptly
          described in another part of this schedule, then the following components additionally apply:
          (i)     Each activity applied for by an operator in relation to a location where the process is likely to use less than 100tonnes of raw materials per         1         4603
                  year. (The components in (ii), (iii) and (iv) below, do not apply)
           (ii)     Each activity which may release halogens, hydrogen halides, any oxide of sulphur or acid forming oxide of nitrogen.                                  1         4604
          Explosives Production
          (iii)        For the first activity in this Section not covered by the description in (i) above, applied for by an operator in relation to a location:
                         All materials handling.                                                                                                                         1         4605
                         Where the activity is likely to produce less than 250 tonnes of product per year.                                                               1         4606
                         Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year                                       2         4607
                         Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                   3         4608
                         Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                              4         4609
          (iv)         For each further activity, additional to a activity in this section already authorised or the subject of an application, not covered by the
                       description in (i) above, applied for by the same operator in relation to the same location:
                         Where the activity is likely to produce less than 250 tonnes of product per year.                                                               1         4610
                         Where the activity is likely to produce 250 tonnes or more but less than 2,000 tonnes of product per year                                       2         4611
                         Where the activity is likely to produce 2,000 tonnes or more but less than 20,000 tonnes of product per year.                                   3         4612
                         Where the activity is likely to produce 20,000 tonnes or more of product per year.                                                              4         4613
  4.7     Manufacturing Activities involving Carbon Disulphide or Ammonia
          Any manufacturing activity which could result in the release of carbon disulphide or ammonia into the air.                                                     1         4701
  4.8     The storage of chemicals in bulk
          No Part A Activities.
          Notes to chapter 4.
          1 Use. Where a component definition is based on the quantities of substance(s) used this shall mean the total quantities of substance(s) consumed in
                or released from the activity.
                                                                                               23
CHAPTER 5: WASTE MANAGEMENT
Section   DESCRIPTION                                                                                                                                             No. of     Scheme
                                                                                                                                                                Components   Ref. No.
  5.1                                                                         Incineration
          All incinerator feedstock handling.                                                                                                                       1         5101
          Each incinerator designed to incinerate waste at a rate of 500 kg or more per hour.                                                                       1         5102
          Plant, excluding incinerators described earlier in this Section, which taken collectively is designed incinerate waste at a rate of one tonne or
          more per hour.                                                                                                                                            1         5103
          All incinerator residues handling.                                                                                                                        1         5104
          All cleaning for re-use of metal containers by burning out their residual content. (The components above do not apply)                                    1         5105
          All activities described in paragraphs (d) and (e). {No other components in this section apply}                                                           1         5106
  5.2     Landfill and disposal to land
          Landfills receiving special waste, or special waste and other controlled wastes:
          Where the annual quantity of waste received is less than 25000 tonnes                                                                                     1         5201
          Where the annual quantity of waste received is 25000 tonnes or more, but less than 75000 tonnes                                                           2         5202
          Where the annual quantity of waste received is 75000 tonnes or more                                                                                       3         5203
          Landfills receiving no special waste:
          Where the annual quantity of waste received is less than 75000 tonnes                                                                                     1         5204
          Where the annual quantity of waste received is 75000 tonnes or more                                                                                       2         5205
  5.3     Disposal activities (other than incineration and landfill)
               Activities described in section 5.3:
          Where the annual quantity of waste received is less than 25000 tonnes                                                                                     1         5301
          Where the annual quantity of waste received is 25000 tonnes or more                                                                                       2         5302
  5.4     Recovery activities
          Activities described in paragraphs (a) and (b):
                 All materials handling and storage.                                                                                                                1         5401
                 All cleaning or regeneration of carbon, charcoal or ion exchange resins.                                                                           1         5402
                 All recovery of organic solvents and oils where the process input is likely to be less than 250 tonnes per year. (the component for
                 materials handling and storage does not apply)                                                                                                     1         5403
                 All recovery of organic solvents and oils where the process input is likely to be 250 tonnes or more but less than 5,000 tonnes per year.          1         5404
                 All recovery of organic solvents and oils where the process input is likely to be 5,000 tonnes or more but less than 50,000 tonnes per year.       2         5405
                 All recovery of organic solvents and oils where the process input is likely to be 50,000 tonnes or more per year.                                  3         5406
          Activities described in paragraph (c ) and associated activities                                                                                          1         5407
  5.5     The production of fuel from waste
          All production of fuel from waste                                                                                                                         1         5501
          Notes to chapter 5
          1. In section 5.2 and 5.3 references to the annual quantity of waste received mean the quantity of waste set out in the application.
                                                                                               24
CHAPTER 6: OTHER ACTIVITIES
Section   DESCRIPTION                                                                                                            No. of     Scheme
                                                                                                                               Components   Ref. No.
   6.1    Paper and pulp manufacturing activities
          Activities described in paragraphs (a), (b) and (c):
                   All materials handling and stock preparation.                                                                   1         6101
                   All paper making where the capacity of the activity does not exceed 25,000 tonnes in any 12 month period.       1         6102
                   All paper making where the capacity of the activity is greater than 25,000 tonnes in any 12 month period.       2         6103
                   All board making where the capacity of the activity does not exceed 25,000 tonnes in any 12 month period.       1         6104
                   All board making where the capacity of the activity is greater than 25,000 tonnes in any 12 month period.       2         6105
                   All pulping by chemical methods.                                                                                1         6106
          Activities as described in paragraph (a) only:
                   All materials handling.                                                                                         1         6107
                   All pulping by chemical methods.                                                                                1         6108
          Activities described in paragraph (d) (No other components in this section apply)                                        1         6109
   6.2    Carbon activities
          All storage and materials handling.                                                                                      1         6201
          All production of carbon or hard-burnt coal or electro graphite by means of incineration or graphitisation.              1         6202
   6.3    Tar and bitumen activities
          All storage and materials handling.                                                                                      1         6301
          Each distillation train.                                                                                                 1         6302
          All tar or bitumen heating as described in paragraph (ii)                                                                1         6303
   6.4    Coating activities, printing and textile treatments
          All application and removal of a coating containing tin compounds                                                        1         6401
          All treatment of textiles.                                                                                               1         6402
          All other surface treatments.                                                                                            1         6403
                                                                                          25
Section   DESCRIPTION                                                                                                                                          No. of     Scheme
                                                                                                                                                             Components   Ref. No.
  6.5     The manufacture of dyestuffs, printing ink and coating materials
          No part A activities
  6.6     Timber activities
          Each treatment plant, which makes use of any substance listed in Schedule 1, Part 2, paragraph 13 of the Regulations, for the chemical treatment
          of wood or timber.                                                                                                                                     1         6601
  6.7     Activities involving rubber
          All tyre manufacturing                                                                                                                                 1         6701
  6.8
          The treatment of animal and vegetable matter and food industries
          Activities described in paragraphs (a) to (e) inclusive except rendering activities:                                                                   1         6801
                Storage and handling of raw material and waste handling.
                Each activity as described in Schedule 1                                                                                                         1         6802
          Rendering activities described in paragraph (c):
                All rendering activities with a capacity of less than 50 tonnes per day ( no other components in this section apply)                             1         6804
                All rendering activities with a capacity of between 50 tonnes per day and 100 tonnes per day ( no other components in this section apply)        2         6806
                All rendering activities with a capacity of more than 100 tonnes per day ( no other components in this section apply                             3         6807
          Activities described in paragraph (f):
                 Processing in any way whatsoever, storing and drying of any animal or vegetable matter. (other than as described in paragraphs (a) to
                 (e) )                                                                                                                                           1         6805
          In this section of Schedule 1, where the installation includes activities which are described elsewhere in Schedule 1 then the component count
          shall be either the total component count for those activities or the component count from this section of Schedule 1, whichever is the greater.
  6.9
          Intensive Farming
          No components – charges for Farming Activities are as stated in the Scheme.
                                                                                             26
                                                                                  ANNEX III
  SCREENING FOR EQUALITY IMPACT ASSESSMENT
          Northern Ireland Act 1998 (Section 75) – Statutory Equality Obligations
   The Pollution Prevention and Control (Industrial Pollution and Radiochemical
              Inspectorate) Charging Scheme (Northern Ireland) 2008


   1. Introduction

       Section 75 of the Northern Ireland Act 1998 requires all public authorities in
       carrying out their functions relating to Northern Ireland to have due regard to
       the need to promote equality of opportunity between:

              •   Persons of different religious beliefs.
              •   Persons of different political opinions.
              •   Persons of different racial groups.
              •   Persons of different ages.
              •   Persons of different marital status.
              •   Persons of different sexual orientation.
              •   Men and women generally.
              •   Persons with a disability and persons without.
              •   Persons with dependants and persons without.


       To satisfy this requirement, government departments carry out Equality
       Impact Assessments of policies and legislation to test whether they could have
       an adverse impact on equality of opportunity between any of the nine groups
       listed above. While it is acknowledged that Section 75 puts a duty on public
       authorities to look at all its policy areas and not just those relating to equality
       issues, it is accepted that not all policies need to be assessed to the same
           extent. Screening aims to identify those policies that are likely to have the
           greatest impact on equality of opportunity and therefore should be subject to a
           full Equality Impact Assessment.



2. Brief Summary of the Scheme


The Pollution Prevention and Control (Industrial Pollution and Radiochemical
Inspectorate) Charging Scheme (Northern Ireland) 2008 proposes a number of changes for
Part A and Part B installations and mobile plant. The proposals include some increases and
also some potential reductions in fees and charges. The scheme is made under Regulation
22 of The Pollution Prevention and Control Regulations (Northern Ireland) 2003. These


                                              1
Regulations transpose the requirements of EC Directive 96/61 on Integrated Pollution
Prevention and Control. The purpose of the Directive is to achieve a high level of
protection of the environment through the prevention of, or reduction in pollution of air,
water and land caused by emissions from permitted installations.


3. Aims of the Scheme
The overall aim of the charging scheme is to provide full cost recovery for regulation of
prescribed installations in keeping with the Government’s polluter pays policy.


4. Screening Analysis


4.1    Is there any evidence of higher or lower participation or uptake by different
       groups within any of the nine categories?


                    YES                                NO



4.2    Is there any evidence that particular groups have different needs, experiences, issues
       and priorities in relation to the particular main policy area?

                    YES                                NO


       The proposed revision to the scheme aims to ensure lost recovery in line with the
       polluter pays principle. There is no evidence that particular groups have different
       needs, experiences, issues and priorities in relation to this topic.



4.3    Is there an opportunity to better promote equality of opportunity or good
       relations by altering policy or working with others in Government or the
       community at large?

                    YES                                NO


4.4    Have consultations in the past with relevant groups, organisations or
      individuals indicated that particular policies create problems which are
      specific to them?


                    YES                                NO



                                              2
5. Equality Impact Assessment Decision

5.1   Full Equality Impact Assessment procedure is confined to those policies
        considered likely to have significant implications for equality of opportunity.
         As a result of the screening analysis in Section 4, it is considered that there will
         be no significant implications for equality of opportunity arising from the
         introduction of the charges contained in the draft of The Pollution Prevention
         and Control (Industrial Pollution and Radiochemical Inspectorate) Charging
         Scheme (Northern Ireland) 2008. The scheme does not, therefore, need
         to be submitted for a full Equality Impact Assessment.




                                              3
                                                                                 ANNEX IV

HUMAN RIGHTS ACT 1998

The Pollution Prevention and Control (Industrial Pollution and Radiochemical Inspectorate)
Charging Scheme (Northern Ireland) 2008


 1. Introduction:


 1.1 The purpose of this paper is to review the Human Rights implications of the
     proposed changes to the charging scheme as set out in this consultation paper.


1.2 The Department is required to have in place a charging scheme to ensure that, so
    far as practicable, fees and charges payable for permits under The Pollution
     Prevention and Control Regulations (NI) 2003 are sufficient to cover the
    expenditure of the Chief Inspector.


1.3 These Regulations transpose the requirements of EC Directive 96/61 on Integrated
     Pollution Prevention and Control. The purpose of the Directive is to achieve a
     high level of protection of the environment through the prevention of, or
     reduction in pollution of air, water and land caused from permitted installations.


2. Proposals:
2.1 Following a review of costs and regulatory effort, it is proposed to make a number of
    changes to the existing charging scheme, The Pollution Prevention and Control
    (Industrial Pollution and Radiochemical inspectorate) Charging Scheme (Northern
    Ireland) 2007.


2.2 The proposals include some increases but have also identified some areas where
    charges could potentially be reduced.


3. Human Rights Assessment
   The overall aim of the charging scheme is to provide full cost recovery for
   regulation of prescribed installations in keeping with the Government‘s polluter
   pays policy. Whilst the proposed increases will have some financial impact on
   industry and the farming community, the Department considers that its proposals
   are fully compliant with the European Convention on Human Rights.



                                              1
2
Our aim is to protect, conserve and promote the
natural and built environment for the benefit of
present and future generations.


Environment & Heritage Service
Klondyke Building
Cromac Avenue
Gasworks Business Park
Lower Ormeau Road
Belfast
BT7 2JA
Tel: 0845 3020008
                                                   ISBN: 978-1-905127-73-3
www.ehsni.gov.uk

EHS Incident Hotline - 0800 80 70 60
Printed on 75% post consumer waste

								
To top