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The Environmental Permitting (England and Wales) Regulations 2016

Introductory note

This introductory note does not form a part of these standard rules.

When referred to in an existing environmental permit, these rules will allow the operator to undertake research and development at a Part A (1) installation (where not otherwise exempt from regulation), on a time-limited basis.

The rules can only be used in conjunction with an existing environmental permit.

Words and expressions used in this introductory note and these standard rules shall have the meanings given in section 1.2, as appropriate.

End of introductory note.

Rules

1. Operations

1.1 Permitted activities

1.1.1 Notwithstanding the conditions in the permit under the titles 鈥楶ermitted activities鈥�, 鈥極perating techniques鈥� and 鈥楨missions to water, air or land鈥�, the operator is authorised to carry out a research and development activity, subject to the following rules.

a. The Environment Agency must be notified at least 14 days before the proposed start of a research or development activity.

b. The notification must include the information specified in Schedule 1 of these rules.

c. The operator must not start the notified research and development activity until it is agreed in writing by the Environment Agency and the research and development activity shall be operated in accordance with that agreement.

d. The research and development activity must not operate for longer than 12 months, unless otherwise agreed in writing with the Environment Agency.

e. There must be no release of any substance to the environment in a quantity greater than that which screens out from requiring detailed assessment under the H1 risk assessment tool or an equivalent alternative.

f. The operator shall monitor the environmental impact of the research and development activity to comply with (e).

g. In the event that any substance is released to the environment in a quantity greater than that which screens out from requiring detailed assessment under the H1 risk assessment tool or an equivalent alternative, the operator must immediately inform the Environment Agency, take the measures necessary to ensure that compliance is restored within the shortest possible time and suspend the operation of the research and development activity until compliance with (d) has been restored.

h. The Environment Agency must be notified within 14 days of the cessation of the research and development activity.

1.2 Interpretation

1.2.1 In these standard rules:

• 鈥榙ays鈥� means calendar days not including public holidays
• 鈥楬1鈥� means the H1 risk assessment tool available through the guidance on risk assessments for your environmental permit on 188体育, which enables calculation of the impact of proposed substance releases to various media
• 鈥榬esearch and development鈥� means operations related to the innovation, introduction, and improvement of products and processes associated with the permitted activities
• 鈥榮tart鈥� means start of preparatory work in relation to, or the operation of the research and development activity (whichever is the earlier)

Schedule 1: Notification

You must notify your Environment Agency area officer that you intend to carry out the research and development activity in line with these standard rules.聽Contact the Environment Agency鈥檚 National Customer Contact Centre聽if you do not know who your area officer is.

If you are concerned about any Commercial and Industrial Confidentiality issues, please talk to us.

Prepare the following information for your notification. Use the form that the Environment Agency provides on 188体育 to send your notification.

Permit number

For example, EPR/AB1234CB

Facility name and address

For example,

Operator name

For example, Company Name Limited

The nature of the research and development activity

Provide a brief description of the purpose of the activities and techniques you will use. This should include:

• the plant
• emissions monitoring (including emission points and identification of emissions or substances)
• abatement
• storage arrangements for materials and wastes
• containment measures
• a plan showing the location on the site where the activity is to take place
• details of the waste types, quantities and EWC codes for activities involving the use of waste

Generic risk assessment

Confirm that your activity fully meets the requirements of the generic risk assessment for these standard rules. This should include:

• a description of the resulting emissions to the environment
• confirmation that you have used the Environment Agency鈥檚 H1 risk assessment tool or an equivalent alternative
• a copy of the assessment

You should also include details of any mitigation measures that are additional to those specified in the generic risk assessment.

Duration

Include the proposed commencement date and proposed duration of the activity.

Decommissioning

Describe the arrangements for decommissioning upon conclusion of the activity.

End of standard rules.