InTouch

Issue August 2008

NQA

The Water Act 2003 (Commencement No. 8) Order 2008

New legislation: closed

This Order brings into force further provisions of section 58 of the Water Act 2003 ("the Act") and related consequential amendments and repeals.Section 58 of the Act makes amendments to provisions of the Water Industry Act 1991 ("the 1991 Act") relating to fluoridation of water supplies. Section 58 of the Act is in force, in relation to England, for limited purposes only: first, for the purpose of enabling the Secretary of State to make regulations on the consultation process which relevant authorities will have to follow before requesting water undertakers to enter into fluoridation arrangements or varying or terminating them. Secondly, section 58 of the Act is in force for the purpose of enabling the Secretary of State to make regulations in relation to indemnifying water undertakers and licensed water suppliers for liabilities they may incur in complying with arrangements for fluoridation.

The full text of the regulation can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20081922_en_1

Source: http://www.opsi.gov.uk/  (accessed 28/07/2008)


Changes to export requirements for packaging and packaging waste

New legislation: closed

On 19 July changes to the requirements in relation to the export of packaging and packaging waste in the Producer Responsibility Obligations (Packaging Waste) (amended) Regulations 2008 came into force. The 2007 Regulations impose on exporters an obligation to be accredited by the appropriate Agency (either the Environment Agency or the Scottish Environment Protection Agency) before they can issue a packaging waste export recovery note (PERN). The PERN provides evidence of the export of packaging waste for reprocessing outside the United Kingdom. This instrument revises the requirements for accrediting an exporter imposed by the 2007 Regulations, to give the Environment Agency more discretion on what constitutes sound evidence that exported packaging waste will be reprocessed under conditions that are broadly equivalent to European Community requirements.

The full text of the regulation can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20081941_en_1

Source: http://www.opsi.gov.uk/  (accessed 28/07/2008)


Launch of the Northern Ireland Environment Agency

New legislation: closed

The Northern Ireland Environment Agency (NIEA) was launched on 1 July 2008 as a DOE Executive Agency and it replaced the Environment and Heritage Service. Environment Minister Sammy Wilson announced a range of new measures to modernise and strengthen environmental regulation.

The Minister announced:

  • £2 million would be invested over the next three years for Better Regulation;
  • The creation of 40 new posts in the Agency to help Northern Ireland's businesses comply with environmental regulations;
  • An Agency- wide Environmental Crime Unit to tackle serious offences and persistent offenders.

NIEA would be better equipped to tackle pollution, protect natural and built heritage and provide clear guidance to companies.

 Further information is available from: http://www.ni-environment.gov.uk/other-index/news.htm?act=d&id=20038&ho=1217238331718

Source: http://www.ni-environment.gov.uk/  (accessed 28/07/2008)


European Regulation on new car CO2 emissions

New legislation: closed

On 10th July 2008 the Government published a series of papers on the Department for Transport web site, explaining the European Commission's proposed EU Regulation on new car CO2 emissions that is currently being debated in Europe, and setting out UK Government views on the regulation. This publication launches a period of consultation on the regulation and on the UK Government's views on how the regulation should be amended.The proposed Regulation would require manufacturers of cars sold in the EU to meet targets for carbon dioxide emissions for their vehicles on the basis of sales-weighted averages. You are invited to comment by 3 October 2008.

The consultation document can be accessed from: http://www.dft.gov.uk/consultations/open/co2emissions/co2consultation.pdf

Further information is available from: http://www.dft.gov.uk/consultations/open/co2emissions/ Source: http://www.dft.gov.uk/  (accessed 28/07/2008)


Consultation on draft local air quality management guidance

New legislation: closed

This consultation concerns Policy Guidance and Technical Guidance on local air quality management. The Policy Guidance, and the four Practice Guidance documents under it, apply to England only. The Technical Guidance applies UK-wide.  The Policy Guidance and Technical Guidance documents are revised versions of guidance issued in 2003 and subsequent guidance issued under these guidance documents. The four Practice Guidance documents covering England are new, and point the way to practical measures that local authorities already have the power to implement, and includes guidance on economic appraisal of such measures.You are invited to comment by 26 September 2008.

The consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/airqualitymanage-guidance/consultation.pdf

Further information is available from: http://www.defra.gov.uk/corporate/consult/airqualitymanage-guidance/index.htm Source: http://www.defra.gov.uk/  (accessed 28/07/2008)


Consultation on proposed Regulations - further implementation measures - fluorinated greenhouse gases and ozone depleting substances

New legislation: closed

A consultation was launched jointly by Defra, BERR, the National Assembly for Wales and the Scottish Executive on the 11 July seeking views on proposals that carry forward the implementation of ten Commission Regulations establishing fleshed out legal requirements for companies and qualifications for personnel working in five industry sectors covered by EC Regulation 842/2006 on certain fluorinated greenhouse gases, as well as dealing with other requirements relating to leakage checking, reporting and labelling.The proposed Regulations will be of particular interest to trade associations and their members dealing with manufacturing, installation, servicing and recovery of F gases from commercial and domestic refrigeration and air-conditioning, heat pump and fire protection equipment, those dealing with recovery of F gases from such equipment, as well as equipment containing fluorinated gas-based solvents and high voltage switchgear. In addition, the Regulations will be of interest to F gas producers, importers and exporters, those responsible for offshore oil and gas platforms, the DIY sector, consumer organisations, charities, enforcement authorities, Government Departments and non-Governmental organisations. Comments on this consultation should be received by 3 October 2008 The consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/fgas-ozone/consultation.pdf

Further information is available from: http://www.defra.gov.uk/corporate/consult/fgas-ozone/index.htm

Source: http://www.defra.gov.uk/  (accessed 28/07/2008)


SEPA Consultation on Compliance Assessment Scheme

New legislation: closed

The Scottish Environment Protection Agency (SEPA) is consulting on its plan to introduce a new compliance assessment scheme. Your responses to this consultation will inform the development of the final scheme, which is proposed to be phased in from 1st January 2009.

The scheme will to be used to assess compliance with:

  • Registrations and authorisations issued under the Radioactive Substances Act 1993 (RSA)
  • Waste management licences issued under the Environmental Protection Act 1990 (EPA)
  • Permits issued under the Pollution Prevention and Control (Scotland) Regulations 2000 (PPC)
  • Licences issued under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR)

The new scheme will gradually replace the existing Operator Performance Assessments (OPA) which are currently undertaken in Pollution Prevention and Control (PPC), waste management activities licensed under the Environmental Protection Act 1990 (EPA) and Radioactive Substances Act (RSA). The new scheme aims to provide a simple consistent framework and approach across various regulatory regimes, which will lead to objective and transparent compliance assessment results. Comments on this consultation should be received by 3 October 2008 The consultation document can be accessed from: http://www.sepa.org.uk/pdf/consultation/current/compliance/scheme.pdf

Further information is available from: http://www.sepa.org.uk/consultation/current/compliance/index.htm

Source: http://www.sepa.org.uk/  (accessed 28/07/2008)


SEPA Consultation on Odour

New legislation: closed

SEPA has launched a consultation on its proposed new guidance for regulating odorous emissions from regulated sites. The guidance SEPA staff currently use comes from several technical guidance documents, including the draft H4 guidance on odour.  SEPA has now updated and developed a single odour guidance document for use in Scotland, which should benefit both SEPA staff, the public and the operators they regulate. They have taken into account aspects of all Scottish Regulatory regimes within SEPA's remit, especially Pollution Prevention and Control (PPC) and Waste Management Licensing Regulations (WMLR). This guidance is intended as an introduction to the regulation of odour. It refers to other available guidance and best practice on the control of odorous emissions.Responses to this consultation should be submitted by Friday 29 August 2008. The consultation document can be accessed from: http://www.sepa.org.uk/pdf/consultation/current/odour/odourconsultation.pdf

Further information is available from: http://www.sepa.org.uk/consultation/current/odour/index.htm

Source: http://www.sepa.org.uk/  (accessed 28/07/2008)


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