Consultation on modernising environmental permitting for industry
Local Air Quality Management (LAQM)
We are keen to consider whether there is a case for closer alignment between the Local Air Quality Management (LAQM) and environmental permitting regimes, so that swifter, more complementary action can be taken to resolve local air quality issues.
At present, the EA is required to act as an air quality partner if emissions from an EA regulated facility contributed to a local exceedance of an air quality objective or standard – but only once an exceedance necessitating declaration of an Air Quality Management Area (AQMA) is identified. Air quality partners are required to propose actions they will take for inclusion in local authority Air Quality Action Plans (AQAP) that will reduce emissions and assist the local authority to meet air quality objectives.
Under the Schedule 7 and 8 of the EPRs, where compliance with an air quality objective or standard requires stricter conditions than those achievable by the use of BAT for a particular installation, the EA or local authority as regulator are required to include stricter measures in the permit, including stricter ELVs where necessary. Defra guidance on Part A1 installations and Part A2 and B installations sets out the approach EA and local authorities should take to ensure compliance with air quality objectives and standards through permits. This is a complex site-specific assessment.
In practice, most AQMAs are currently declared because of roadside exceedances of NO2 although industrial sites can contribute to NO2 emissions. Industrial sites may also contribute to AQMAs declared for exceedances of other pollution objectives such as SO2 and particulate matter (PM10). There may be scope to ensure there is earlier engagement between the EA and local authorities on the potential pollution impact locally from proposed permitted industrial activities. There may also be potential to strengthen the expectation that where there is a relevant AQMA, tighter permit conditions should automatically be put in place by the EA.