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EPA Guidance on Altering a Licence

The EPA published the ‘Guidance on Requests for Alterations to a Licensed Industrial or Waste Activity’ in June 2019. This guidance was published to assist licensees who intend to make a request for an alteration to an installation/facility covered by an Industrial Emissions (IE), Integrated Pollution Control (IPC) and/or Waste license issued by the Environmental Protection Agency (EPA). Any technical amendments (TAs) and/or licence reviews that are initiated by the EPA are not covered by the guidance. Other requests for approvals such as those that are specifically catered for by a condition of a licence (including changes to scope/frequency of monitoring or variations in waste types being accepted) are also not covered by the guidance. Requests for approval of an alteration should be made through EDEN.

There are three ways to seek approval of an alteration to a licensed activity and/or installation:

  1. Where a change requires approval but does not require a change in any conditions of a licence (Condition 1 request). These requests will only cover minor alterations;
  2. Where the screening process indicates that the alteration is likely to require a technical or clerical amendment (TA/CA) to the licence;
  3. Where the screening process indicates that the alteration is likely to require a licence review or a new application.

The proposed alterations to an installation/activity which should be notified to the EPA include, but are not limited to:

  • Any alterations which may have an adverse impact on the environment;
  • Any change in the nature or functioning, extension or reconstruction of an installation (if it is likely that this would change/increase emissions or cause new emissions that would have a significant impact on the environment);
  • A change in site management;
  • A change in the range of processes carried out;
  • A change in raw materials, fuels, intermediates, products and/or waste generated.

The guidance covers the online requests alteration application. It highlights that Condition 1 alterations must be made through the ‘Request Alteration’ function and not through ‘make a licensee return’. A ‘Request for Approval’ will be considered by the Office of Environmental Enforcement (OEE). Previously, all requests for alterations were made to the OEE, but now a ‘Licence Amendment’ request will be considered by the Environmental Licensing Programme.

The guidance includes a table which outlines the typical alterations that may be accommodated under the three methods to request alterations. The table also includes a significance test which allows the licensee to determine the environmental significance of the alteration and which mechanism is the most appropriate. The table outlines the requirements for each of the following to be carried out:

  • A licence review or new licence application;
  • A licence amendment (TA/CA);
  • A request for approval under Condition 1.

The guidance outlines what supporting evidence should be submitted with a request. A checklist for what should be included in either a request for approval or a licence amendment is also included in the guidance.

To see the guidance in full click here.

Environet Solutions can assist with requests for alterations should your company require it. For any assistance or to get more information please contact us.

May 2020