Determination of an Application for a PPC Permit under the Pollution Prevention and Control (Northern Ireland) Regulations 2013 (SR 2013 No. 160) Decision Document recording the decision-making process Note: all references to the “PPC Regulations” are to the Pollution Prevention and Control (Northern Ireland) Regulations 2013 (SR 2013 No.160) Administrative details Application date EHS/Chief Inspector Application”) 25/07/14 reference (“the Permit WPPC 19/14 Permit number (the “Permit”) P0457/14A Applicant (the “Applicant”) Renewable Power Systems (Northern Ireland) Limited Address/location of Installation(the “Installation”) Aughrim Landfill Site Flowbog Road Lisburn BT28 3TE Name of Account Officer Chris Eadie Signature of Account Officer: Name of Authorising Officer Eugene Kelly Signature of Authorising Officer: All relevant documents have been sent to the IPPC Public Registers Page 1 of 16 Purpose of this document The Decision Document ("DD") explains how the Applicant’s Permit Application has been determined and why the specific conditions in the Permit have been imposed. It is a record of the decision-making process to show how all relevant factors have been taken into account. This DD provides an explanation for the use of the conditions within the Permit. Summary of the decision We have decided to grant a Permit for the Applicant to operate the Installation, subject to the conditions set out in the Permit. The conditions have been considered to be appropriate for the Installation, in particular in taking account of the principle that all appropriate measures will be taken against pollution and that no significant pollution will be caused. We consider that in our decision to issue the Permit and in the conditions included therein, we have taken into account all relevant considerations and legal requirements. Description of the Permitted Installation A non-technical summary of the activities covered by the Permit is contained within the Application. There is also a description of the Installation included in the Introductory Note to the Permit. Definitions are the same as described in schedule 7 to the permit Page 2 of 16 Part A – Introduction A1 Administration This section includes administrative information relating to the Application and information about the Applicant and the Installation. "Duly made" check on Application received The Application was determined to be duly made on 18 August 2014. Consultation on the Application The Application was advertised by the Applicant on 12 September 2014 in the Ulster Star and on 29 September 2014 in the Belfast Gazette. We sent copies of the Application to the following statutory consultees in accordance with Part 2 of Schedule 4 to the PPC Regulations: Food Standards Agency Northern Ireland; The Planning Service NIEA – Water Management Unit (WMU) Lisburn City Council Public Health Agency We also sent copies of the Application to the following non-statutory consultees: NIEA – Conservation Designations and Protection (CDP) NIEA – Environmental Crime Unit Health and Safety Executive (NI) Consideration of consultation responses Responses were received from the following statutory and non-statutory consultees: Food Standards Agency Northern Ireland Lisburn City Council The Planning Service NIEA - Conservation Designations and Protection (CDP) NIEA – Water Management Unit Health and Safety Executive (NI) Public Health Agency We have considered all responses in determining the Application. The ways in which material responses have been taken into account are summarised in Appendix I to this document. Page 3 of 16 Matters of commercial confidentiality or national security The Operator made no claim for commercial confidentiality. The Application was deemed duly made, but further information was required to enable us to determine the Application. Further information was requested from the Applicant by letter as follows: Schedule 4 notice for additional information dated 20 August 2014 A Schedule 4 Notice was issued to the applicant requiring the applicant to provide the additional information detailed below: A clear plan of the site for use in Schedule 2 of the Permit was required. Confirmation was needed to ensure the pipeline from Mullaghglass Landfill was included within the site boundary. Details regarding the design specifications of the pipeline from Mullaghlass Landfill. Details of any knock out pots, booster pumps and/or compressors were also required. Copies of COTC certificates were requested. An expenditure plan was also requested to satisfy financial provision for waste management. Details regarding the backup flares including type, model and capacities were requested. An assessment of the groundwater and soil in order to comply with Environment Agency H5 Guidance was requested. Copies of all planning permissions were required. The applicant responded on the 13 October 2014 and provided the following: Plans (Figure 1) showing the site layout were provided. The pipeline was included in this drawing. A CQA plan for the installation of the pipeline was provided. This also provided design details for the pipeline between Mullaghglass Landfill and Aughrim Landfill. No additional boosters or compressors were proposed. As the site is under undertaking a waste activity COTC certificates are not required and neither is there a need for financial provision. There is also therefore no need to comply with Environment Agency H5 guidance. Details regarding two flares were provided. One solely for Aughrim Landfill (400m³/hr) and one larger one (1500m³/hr), solely for Mullaghglass Landfill. Copies of the three planning permissions associated with the installation were provided. (S/2009/0812/F; S/2013/0421/F; S/2013/0582/F) A2 The Applicant We are satisfied that the Applicant (now the Operator) is the person who will have control over the operation of the Installation after the granting of the Permit. We are satisfied that they will be able to operate the Installation so as to comply with the conditions we have included in the Permit. Page 4 of 16 A3 The Installation Activities We have determined that the Installation comprises the following activities listed in Part 1 of Schedule 1 to the PPC Regulations and the following directly associated activities. Section 5.1 Part A(h). The incineration of a fuel manufactured from a waste in an appliance with a rated thermal input over 3 megawatts. Fuel storage The principal activity and its directly associated activity described above together constitute the Installation. The Site The Applicant provided a plan (Figure 1) which we consider is satisfactory for showing the site of the Installation and its extent. This plan is included in the Permit as Schedule 2, and the Operator is required to carry on the Permitted activities within the site boundary. Page 5 of 16 The Permit Conditions 1. Management 1.1 General Management Based upon the information submitted in the Application, we are satisfied that appropriate management systems and management structures are in place for this Installation and that sufficient financial, technical and manpower resource is available to the Operator to ensure compliance with all the Permit conditions. The condition requires the Operator to submit a site-specific Management Plan that will detail the procedures to be used to undertake the Activities at the site. We consider that this is necessary to ensure that we can effectively regulate the Installation. The Operator is required to undertake the Activities in accordance with the Management Plan, however in order to ensure that the Operator is able to amend their management of the site, the Management Plan can be changed, subject to notification to and consent by the Chief Inspector. 1.2 Breach of permit conditions This condition ensures that any breach of permit condition that has the potential to cause environmental damage will result in that activity being suspended and NIEA informed. 1.3 Accidents This permit condition requires that the Operator prepare and operate an appropriate accident management plan in order that accidents that may cause pollution are minimised. 1.4 Finance No financial provision is required for this operation. 1.5 Energy Efficiency This condition ensures the operator reviews practices on site to maintain high standards of energy efficiency. 1.6 Avoidance, recovery and disposal of wastes produced by the activities This condition ensures the waste framework hierarchy is maintained. 1.7 Security Condition 1.7.1 requires the Operator to provide site security that will prevent unauthorised access to the site. 1.8 Multi-operator installation This is not a multi-operator installation Page 6 of 16 2. Operations 2.1 Permitted Installation and activities Based upon the information submitted in the Application, we are satisfied that these are the appropriate permitted Activities. 2.2 The site Based on the information submitted in the Application, this condition defines the site of the Permitted Installation. 2.3 Off-site conditions There are no off-site conditions. 2.4 Commencement This condition ensures that no activities will take place on site until the chief inspector has inspected the site and given written agreement that activity can commence. 2.5 Pre-operational conditions There are no pre-operational activities 2.6 Improvement programme Based on the information submitted in the Application, we consider that the Operator must undertake the requirements within Schedule 1, Table S1.3 in order to ensure the prevention and/or minimisation of pollution. 2.7 Closure, aftercare and decommissioning. Condition 2.7.1 requires that the decommissioning of the activities at the site to take precautions to minimise the pollution. 2.8 System for the protection of soil and groundwater Condition 2.8 ensures protection of the soil and groundwater around the site. This is also reviewed throughout the lifecycle of the operation. Page 7 of 16 3. Site infrastructure 3.1 Noticeboards This condition requires the Operator to provide an appropriate noticeboard for the Installation. 3.2 Liquid Storage This condition ensures any liquids stored on site are stored in such a manner as to minimise the risk to the environment. Page 8 of 16 4. Emissions and monitoring 4.1 Emissions to water air or land On the basis of the details provided in the Application we are satisfied that the only emissions from the Installation will be from the point sources identified within the Application. 4.2 Fugitive emissions of substances On the basis of the details provided in the Application, we are satisfied that fugitive emissions that may cause pollution are unlikely to occur. This condition requires the Operator to take appropriate measures to prevent any such fugitive emissions from causing pollution. 4.3 Odour This condition requires the Operator to take appropriate measures to prevent any odour at levels likely to cause annoyance outside the site. 4.4 Noise and vibration This condition requires the Operator to take appropriate measures to prevent any noise and/or vibration at levels likely to cause annoyance outside the Site. 4.5 Monitoring On the basis of the details provided in the Application and the conditions within the Permit, we are satisfied that sufficient monitoring will be undertaken to satisfy the requirements of the Regulations and ensure that the impact of the Installation upon the environment is suitably measured. Monitoring is required for: a) Point source emissions. Table S4.1 provides the emission limits and monitoring requirements for the discharge points to air. The parameters and limits are in line with sector guidance the frequencies of monitoring have been imposed in order to ensure prevention of pollution of the air around the Installation. Page 9 of 16 5. Information 5.1 Records Based upon the information submitted in the Application, we are satisfied that appropriate procedures are in place to ensure that records are kept. This condition sets the standards for making and retaining records. 5.2 Reporting This condition sets the requirements and standards for reporting to the Chief Inspector on the performance of the Activities. 5.3 Notifications This condition sets the requirements and standards for notifying the Chief Inspector of specific events detailed within the condition. 5.4 Interpretation This condition establishes that the expressions contained within Schedule 7 and used within the Permit will have the meaning given in that Schedule. Page 10 of 16 Schedule 1 - Operations Table S1.1 Activities Based upon the information submitted in the Application, we are satisfied that the listed and directly associated activities detailed in this Table are those relevant to the Installation. Table S1.2 Pre Operational Measures Based upon the information submitted in the Application, we are satisfied that the requirements within this Table are necessary prior to commencing operations to prevent and/or minimise pollution and that they can be carried out by the due date. Table S1.3 Improvement Programme Requirements Based upon the information submitted in the Application, we are satisfied that the requirements within this Table are necessary to prevent and/or minimise pollution and that they can be carried out by the due date. Page 11 of 16 Schedule 2 – Site plan The site plan included here clearly shows the Installation boundary, outlined in red. The Activities permitted by the Permit may only take place within this boundary. Schedule 3 – Waste types, raw materials and fuels Lists waste types and raw materials used on site. Page 12 of 16 Schedule 4 – Emissions and monitoring The Tables in this section list the limits and monitoring requirements detailed in the discussion to condition 4.5. Schedule 5 – Reporting Table S5.1 Reporting of monitoring data This Table details the reporting requirements for the monitoring that the Operator shall make under the conditions of the Permit. Table S5.2 Annual production / Treatment This table requires the reporting of all production at treatment required by the site. Table S5.3 Performance Parameters This Table details the reporting requirements for the use at the Installation of water (potable and non-potable) and energy. Page 13 of 16 Schedule 6 – Notification This Schedule details the information that the Operator must provide regarding any abnormal operations that have caused, are causing or may cause significant pollution; for any breaches of a limit or detection of any significant adverse environmental effect. Schedule 7 – Interpretation This Schedule provides interpretations of words or phrases used within the Permit. Page 14 of 16 APPENDIX I – Consultee responses A summary of consultation responses received and the way in which they have been taken in to account in the determination process: Response received Brief summary of issues raised from Summary of actions taken or show how this has been covered Health and Safety Executive (NI) No Comments No actions NIEA – Conservation Designations and Protection (CDP) Site limits shall be within statutory limits so not to cause any impacts on the selection features of the nearby Slievenacloy ASSI Schedule 4 table S4.1 outlines monitoring to be completed and the acceptable limits. Food Standards Agency Northern Ireland Providing the operator complies with Technical Guidance Note S1.01 (Combustion Activities) and is operating the site within benchmark emission limits, it is unlikely that there will be any unacceptable effects on the human food chain. Schedule 4 table S4.1 outlines monitoring to be completed and the acceptable limits. Public Health Agency If the applicant carries out all the preventative measures as outlined in the application then the public health affects would be minimal and the Public Health Agency would have no immediate concerns regarding adverse health effects of the facility. The PPC Permit ensures the operator carries out all preventative measures as outlined in their application. Lisburn City Council Lisburn City Council held no information pertinent to the application. They also had no concerns regarding the issue of PPC permit for the site. No actions The Planning Service Site has planning and any conditions should be in line with such. PPC Permit conditions do not contradict any planning conditions NIEA -Water Management Unit No comments or history relating to installation. No actions No relevant convictions No actions NIEA Crime – Environmental Page 15 of 16 APPENDIX II –The Risk Assessments The following paragraphs detail the findings of our technical reviews of the Risk Assessments that accompanied the Application. 1. Site Report The Site report adequately demonstrates that there is no pollution currently in the area of the gas utilisation plant. Preventative measures to ensure no pollution occur are presented and accepted by NIEA. 2. Noise Assessment The noise assessment has been carried out in line with BS4142 method for rating industrial noise and according to the WHO guidelines. The assessment shows that the predicted contribution from the proposed plant will have no impact on the neighbouring properties. End of Decision Document Page 16 of 16