InTouch Issue December 2006

SEPA Consults on EU ETS Charges for 2007/08

SEPA has published a consultation on proposed Greenhouse Gas Emissions Trading Scheme (EU ETS) charges for 2007/08. EU ETS charges are currently set out in The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (Statutory Instrument 2005 No. 925) ("the Regulations"). These charges apply across the UK. Powers to replace the charges have been set in the Regulations and SEPA proposes to replace these UK charges with similar fixed charges in a new SEPA EU Emissions Charging Scheme. SEPA regulates the emissions trading scheme in Scotland and from 1 April 2007 proposes to: - implement a new EU Emissions Trading charging scheme in Scotland - increase the majority of charges by 2.3% - increase variation and transfer charges by 67% from £240 to £400 Any written comments on the scheme should be received by 9 February 2007. Further information is available from: http://www.sepa.org.uk/pdf/consultation/current/eu_ets/consultation_letter.pdf Source: www.sepa.org.uk (accessed 04/12/06)

 

Consultation on Implementing the Environmental Liability Directive

The Environmental Liability Directive (Directive 2004/35/EC) is aimed at the prevention and remedying of environmental damage - specifically, damage to habitats and species protected by EC law, damage to water resources, and land contamination which presents a threat to human health. The proposal does not cover "traditional damage" (that is, economic loss, personal injury and property damage). The consultation document seeks views on options for implementing the Environmental Liability Directive in England, Wales and Northern Ireland. The partial Regulatory Impact Assessment (RIA) forecasts the costs and benefits associated with these options. The simplified version of the consultation document is designed to give consultees, who do not wish to read the entire document, a brief overview of the Environmental Liability Directive. The list of questions enables consultees to glance at the questions asked in both the consultation document and RIA. This consultation package may be of interest to: - All businesses and other occupational activities which can cause environmental damage; - Landowners, local governments and the legal profession; and - Others with an interest in environmental protection legislation. The deadline for comments is 16th February 2007. Further information is available from the Defra website at: http://www.defra.gov.uk/corporate/consult/env-liability/index.htm Source: www.defra.gov.uk (accessed 04/12/06)

 

New Dangerous Substances Regulations

The Dangerous Substances and Preparations (Safety) Regulations 2006 (SI 2006 No. 2916) were laid before Parliament on 7th November 2006 and enter into force on 4th December 2006 (with the exception of regulations 5,11 and 12, which enter into force on 24th August 2007, 16th January 2007 and 15th June 2007, respectively). These Regulations prohibit, subject to exceptions, the supply of certain dangerous substances and preparations. They revoke the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 and the further amendments to those Regulations. They consolidate those Regulations with the amendments necessary to implement three further Directives. The three Directives newly implemented are: - Directive 2005/59/EC of the European Parliament and of the Council of 26 October 2005 (so far as it relates to toluene); - Directive 2005/84/EC of the European Parliament and of the Council of 14 December 2005 (phthalates in toys and childcare articles); and - Directive 2005/90/EC of the European Parliament and of the Council of 18 January 2006 (amendments to the list of substances classified as carcinogenic, mutagenic or toxic to reproduction). A number of prohibitions are introduced, including: - The supply of substances or preparations containing benzene in concentrations equal or greater than 0.1% by mass is prohibited (with exceptions). - The supply to a member of the general public of substances which are carcinogenic, mutagenic or toxic for reproduction. The substances concerned are listed in Schedule 2. - The supply of textile articles intended to come into contact with the skin and children's dressing gowns treated with certain substances. - The supply of ornamental objects, tricks, jokes and games containing specified substances which are "dangerous for supply". - The supply of childcare articles containing greater than a specified percentage of phthalates. - The supply to a member of the general public or supply for the purposes of sale to such a person of toluene or adhesives or spray paints containing toluene in a concentration equal to or greater than 0.1% by mass. The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20062916.htm Source: www.opsi.gov.uk (accessed 04/12/06)

 

Consultation on controls on the handling, transfer and transport of waste

Defra has launched a wide-ranging consultation seeking views on reforms to the waste Duty of Care regime and the registration of waste carriers and brokers. Research and anecdotal evidence suggests that the current waste carrier registration system, the duty of care regime and penalties for fly-tipping can represent an opportunity for those involved in waste crime, rather than a deterrent. In order to build on the recent improvements to primary legislation that have been made to give enforcing authorities more powers to deal with waste crime once it’s happened, the Government would like to help the waste industry and others to adopt a more problem-solving approach to waste crime in order to prevent as much as possible happening in the first place. To help this, the Government would like to improve the current regulatory system by making it easier to use and comply with. A shorter leaflet has been produced which summarises what the main consultation is about and should help you to find out quickly if there are parts of it you may want to contribute to or look at in more detail. Views are invited from all those with an interest in protecting the environment from the effects of waste crime and the illegal disposal of waste. The deadline for receipt of comments is 6th March 2007. The consultation documents are available from: http://www.defra.gov.uk/corporate/consult/waste-controls/index.htm Source: www.defra.gov.uk (accessed 04/12/06)

 

New Welsh Air Quality Legislation

New regulations have been published governing the use of authorised fuels and exempted fireplaces in Wales. The Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2006 (Welsh Statutory Instrument 2006 No. 2979 (W.270)) and the Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2006 (Welsh Statutory Instrument 2006 No. 2980 (W.271)) entered into force on 24th November. Section 20 of the Clean Air Act 1993 ("the 1993 Act") places a general prohibition on the emission of smoke in smoke control areas. Under Section 20 of the Clean Air Act 1993, the occupier of a building or (as the case may be) the person having possession of the boiler or plant is guilty of an offence if the chimney is in a smoke control area and emits smoke. However, it is a defence to prove that the alleged emission was caused solely by the use of an authorised fuel. These regulations specify all fuels which are currently authorised for use in Wales for the purposes of Section 20 of the 1993 Act. They consolidate and replace the Smoke Control Areas (Authorised Fuels) (Wales) Regulations 2001 (SI 2001/3762 (W.311)), Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2001 (SI 2001/3996 (W.327)) and Smoke Control Areas (Authorised Fuels) (Amendment) (Wales) Regulations 2002 (SI 2002/3160) (W.295)). The National Assembly for Wales may, by order made under section 21 of the 1993 Act, exempt specified classes of fireplace from the provisions of section 20, if it is satisfied that they can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke. This Order applies to Wales only. Article 2 of the Order exempts the classes of fireplace listed in the first column of the Schedule to the Order from the provisions of section 20 of the 1993 Act. The full text of the Regulations and Order can be accessed from the OPSI website at: http://www.opsi.gov.uk/legislation/wales/wsi2006/20062979e.htm http://www.opsi.gov.uk/legislation/wales/wsi2006/20062980e.htm Source: www.opsi.gov.uk (accessed 04/12/06)

 

Draft WEEE Regulations and Guidance

The Department for Environment, Food and Rural Affairs (Defra) has published a draft form of the long-awaited WEEE Regulations. A guidance note to accompany the draft regulations has also been published. The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006 are timetabled to enter into force in January 2007. The Regulations implement the European Directive 2002/96/EC on waste electronic and electrical equipment (as amended by Directive 2003/108/EC), commonly referred to as the WEEE Directive. The Regulations have been published following the conclusion of the consultation on proposals for implementing the Directive, which closed on 17th October (as reported in the August edition of In Touch). The full text of the draft Regulations is available from the Defra website at: http://www.defra.gov.uk/environment/waste/topics/electrical/pdf/weee-draftregs.pdf Accompanying the draft Regulations, Defra (jointly with the Welsh Assembly and Scottish Executive) has published its Guidance on Best Available Treatment Recovery and Recycling Techniques (BATRRT) and treatment of Waste Electrical and Electronic Equipment (WEEE). This document provides guidance on the WEEE Licensing Regulations, and provides guidance on the treatment, recycling and recovery of waste electrical and electronic equipment at an authorised treatment facility. BATRRT is the extension of the principles of Best Available Techniques? (or BAT, as defined in the Pollution Prevention and Control Regulations) to systems that provide for the recovery, recycling and treatment (RRT) of WEEE. The guidance is available from the Defra website at: http://www.defra.gov.uk/environment/waste/topics/electrical/pdf/weee-batrrt-guidance.pdf Source: www.defra.gov.uk (accessed 04/12/06)

 

Six Sigma Training - in association with IQA & PMI

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