InTouch Issue August 2007
Consultation on LA-IPPC Ceramics Sector Guidance
The Department of Food, Environment and Rural Affairs has issued the final consultation of Sector Guidance Note (SG) 7 for A2 activities in the ceramics sector. This is the fifth of the 2-year reviews? of all the sector guidance notes for the local authority IPPC-regime. The 2-year review programme is to reinforce the guidance on non-air matters, which were given limited coverage in the original published notes. It should be noted that this review of the guidance did not examine the air emission limits. The revised guidance will be issued under regulation 37 of the Pollution Prevention and Control (England and Wales) Regulations 2000. Defra and the Welsh Assembly Government are carrying out this consultation exercise jointly. The closing date of this consultation is 29 June 2007.
For further information, visit: http://www.defra.gov.uk/corporate/consult/sgnote-ceramics/index.htm
Source: www.defra.gov.uk (accessed 08/06/07)
New Laws on Offshore Marine Conservation
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (Statutory Instrument 2007 No. 1842) were made on 24th June and enter into force on 21st August 2007. These Regulations make provision for implementing Council Directive 79/409/EEC on the conservation of wild birds (O.J. No. L103, 25.4.79, p.1.) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (O.J. No. L206, 22.7.92, p.7) in relation to marine areas where the United Kingdom has jurisdiction beyond its territorial sea. This includes the offshore marine area, offshore marine installations and certain ships and aircraft. Part 2 of the Regulations makes provision for the conservation of natural habitats and habitats of species, and includes the following:
- Regulations 7-17 make provision for the selection, registration and notification of sites in the offshore marine area to be protected under the Habitats and Wild Birds Directives ("European offshore marine sites").
Regulation 23 makes provision requiring competent authorities to take steps to avoid the disturbance of species and deterioration of habitat in respect of certain offshore marine sites.
- Regulations 25-30 require (amongst other things) the effect of plans and projects in the offshore marine area (or on offshore marine installations) that are likely to have a significant effect on a European offshore marine site or a European site (as defined in regulation 24) to be considered before the plan or project is authorised. Subject to certain exceptions, the authorisation of such plans and projects is prevented where the integrity of the site would be adversely affected.
- Regulation 32 creates new offences in relation to offshore marine sites, as regards the intentional disturbance of animals for the protection of which the site has been designated or listed;
the - Intentional disturbance of wild birds in a classified site; and the intentional or reckless damage or destruction of habitats.
The full text of these Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2007/20071842.htm
The Conservation (Natural Habitats, etc.) Regulations 1994 have also been amended to include a definition of "European offshore marine site". The Conservation (Natural Habitats, etc.) (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1843) were made 22nd June and enter into force on 21st August 2007. . These Regulations generally extend only to England and Wales, and, in so far as they amend the 1994 Regulations in relation to England and Wales, corresponding amendments to the 1994 Regulations have been made in respect of Scotland by S.S.I. 2007/80. Further amendments are made relating to the inclusion of the offshore marine area within the regulatory framework for nature conservation, and the introduction of new offences relating to damage to the marine environment.
The full text of the amending regulations is available from: http://www.opsi.gov.uk/si/si2007/20071843.htm Source: www.opsi.gov.uk (accessed 09/0707)
New Regulations for Biofuels Producers
The Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1640) were made on 8th June and came into force on 30th June. These Regulations are enforced by the Commissioners for Her Majesty's Revenue and Customs and amend the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc) Regulations 2004 ("the principal regulations"). They remove the obligations on small producers of biofuels ("exempt producers") to make an entry of their production premises, make returns of biofuel produced and pay excise duty. They also introduce changes relaxing the frequency with which returns and duty payments must be made by producers other than "large producers". A small producer is one that produces less than 2,500 litres of biofuel over 12 months. A large producer is one that has produced 450,000 litres or more of biofuel in the 12 months immediately preceding notification.
The Regulations are available from: http://www.opsi.gov.uk/si/si2007/20071640.htm Source: www.defra.gov.uk (accessed 09/07/07)
Competent Authorities for REACH appointed
The REACH (Appointment of Competent Authorities) Regulations 2007 (Statutory Instrument 2007 No. 1742) were made on 15th June and come into force on 16th July 2007. The Regulations appoint the competent authorities, except in Scotland, for the purposes of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (O.J. No. L396, 30.12.06, p. 1). Subject to paragraph (2), the following is a competent authority: (a) in England, the Secretary of State; (b) in Wales, the Welsh Ministers; (c) in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly. In relation to matters outside the competence of a devolved administration, the competent authority is the Secretary of State for Environment, Food and Rural Affairs
The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20071742.htm Source: www.opsi.gov.uk (accessed 09/07/07)
Amendment to Controls on Dangerous Substances Regulations
The Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1596), were laid before Parliament 6th June and enter into force on 30th June. Amendments relate to the use of arsenic compounds. Arsenic compounds may not be used as substances and constituents of preparations intended for use : (a) to prevent the fouling by micro-organisms, plants or animals of: - the hulls of boats, - cages, floats, nets and any other appliances or equipment used for fish or shellfish farming, - any totally or partly submerged appliances or equipment; or (b) in the preservation of wood. Furthermore, wood so treated may not be placed on the market. However, derogation is in place relating to the substances and preparations in the preservation of wood. These may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of copper, chromium; arsenic (CCA) type C. Wood so treated may not be placed on the market before fixation of the preservative is completed.
These Regulations substitute a new Schedule 1 to the Controls on Dangerous Substances and Preparations Regulations 2006 (S.I. 2006/3311)("the 2006 Regulations"). In that Schedule, point 20 (arsenic compounds) is amended to give effect to Commission Directive 2006/139/EC (OJ L384, 29.12.2006, p.94). That Directive amends the restrictions set out in Annex I of Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L262, 27.9.1976, p.201).
The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20071596.htm Source: www.opsi.gov.uk (accessed 09/07/07)
Consultation on implementing the Carbon Reduction Commitment
The Carbon Reduction Commitment (CRC) - formerly known as the Energy Performance Commitment (EPC), is a new mandatory cap-and-trade scheme to reduce energy use emissions from targeted large business and public sector organisations. The CRC will target organisations with an annual electricity consumption from mandatory half hourly meters in excess of 6,000MWh. At current energy prices, this would generally include organisations with annual electricity bills above £500,000.
The CRC will include a wide variety of organisations - among them supermarkets, hotel chains, rail operators, large offices, hospitals, universities, central government departments and large local authorities. Overall CRC is expected to deliver net present value benefit to participants of £755m with organisations saving money through lower energy bills as a result of improved energy efficiency. This consultation invites views on how Government, including the Devolved Administrations, should implement the UK Carbon Reduction Commitment (CRC), in order to secure the required emissions reductions. Key issues for this consultation include: - The proposed definition of a CRC organisation - Coverage of specific activities and emissions - Design of the auction and CRC league table - Monitoring, reporting, audit and penalties The closing date for the submission of consultation responses is 9th October 2007.
Further information is available from: http://www.defra.gov.uk/corporate/consult/carbon-reduc/index.htm Source: www.defra.gov.uk (accessed 09/07/07)
Consultation on Revision of the PPC General Guidance Manual
Defra has issued a consultation inviting comments on a draft revised General Guidance Manual for local authority regulated pollution prevention and control. The draft guidance covers the introduction of the Environmental Permitting Regulations. Local authorities regulate some 23,000 installations under the Pollution Prevention and Control (PPC) Regulations. Most are regulated for air emissions; some 400 are subject to integrated PPC. The key document advising local authorities, regulated businesses and the public on how these regimes work is the 2003 version of the General Guidance Manual on Policy and Procedures for A2 and B installations. This consultation invites comments on the structure and general content of a revised edition of the Manual. The Manual needs to be revised for two reasons: - to reflect the new Environmental Permitting Regulations, which will come into force on 6 April 2008 and supersede PPC - to update the Manual since it was first published, and in particular to incorporate subsequent additional guidance which has been published on the Defra web site as AQ? notes. The closing date for receipt of responses to this consultation is 4 September 2007.
Further information is available from: http://www.defra.gov.uk/corporate/consult/epp-guidance/index.htm Source: www.defra.gov.uk (accessed 09/07/07)
Air Quality Strategy Published
The UK Government and the devolved administrations have published the latest Air Quality Strategy for England, Scotland, Wales and Northern Ireland on 17th July 2007.
The strategy:
- sets out away forward for work and planning on air quality issues
- sets out the air quality standards and objectives to be achieved
- introduces a new policy framework for tackling fine particles
- Identifies potential new national policy measures which modeling indicates could give further health benefits and move closer towards meeting the strategy’s objectives.
Source: www.defra.gov.uk (accessed 01/08/07)