InTouch

Issue July 2009

NQA

Mining Waste Directive

New legislation: closed

If you operate a mine or quarry in England and Wales, what you have to do with your waste will change from 7 July. You will need an environmental permit and will have to prepare a waste management plan, among other new responsibilities.The environmental permitting regime will be used to enforce most of the MWD requirements. Key environmental requirements of the MWD include:

  • waste management plans prepared by the operator for all sites that manage extractive waste
  • permits for mining waste facilities that deposit or keep extractive waste such as heaps, ponds and dams
  • major accident prevention policy, safety management plan and internal emergency plan prepared by the operator for the most hazardous mining waste facilities known as Category A mining waste facilities
  • procedures for closing and managing closed mining waste facilities
  • financial guarantee for Category A mining waste facilities before any extractive waste is deposited in the facility.

In Scotland and Northern Ireland changes to the planning system to control mining and quarrying waste are expected later this year.

Further information is available from: http://www.netregs.gov.uk/netregs/legislation/future/108834.aspx?dm_i=2WX,1CCJ,8LFWA,3Z79,1 For timetable of implementation: http://www.environment-agency.gov.uk/business/regulation/105749.aspx

Source: http://www.netregs.gov.uk/  (accessed 01/07/2009)


Financial Assistance for the Low Carbon Vehicle Partnership Limited

New legislation: closed

The Financial Assistance for Environmental Purposes (England and Wales) Order 2009, which is coming into force 15th July 2009, will enable the Secretary of State to continue to provide financial assistance to Low Carbon Vehicle Partnership Limited (LowCVP), in relation to its activities in England and Wales.LowCVP is a company limited by guarantee whose main objects are the preservation, conservation and protection of the environment by the reduction of greenhouse gas emissions from road transport through encouraging a shift to low carbon vehicles and fuels and their efficient use.

The Partnership was initially established as a work programme of the Energy Saving Trust (EST). This enabled the Departments to provide financial assistance to LowCVP through a grant payment to EST. It has since been identified that the Partnership could significantly reduce overheads and have greater flexibility if it was incorporated as a not-for-profit company. LowCVP was incorporated as a company limited by guarantee on 20 March 2009.

The full text of the Order can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091506_en_1 Further information is available from: http://www.lowcvp.org.uk/

Source: http://www.environment-agency.gov.uk/  (accessed 01/07/2009)


F-gases now regulated in Northern Ireland

New legislation: closed

If you own or service refrigeration or air-conditioning equipment in Northern Ireland you now have to test for fluorinated gas (F-gas) leaks, keep records of checks, and ensure that anyone maintaining or dismantling equipment is fully qualified. The same rules already apply in the rest of the UK.The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009 introduce offences regarding leakages, record keeping, instruction manuals, F-gas recovery, labelling of products containing F-gases, restrictions on use of sulphur hexafluoride and on placing F-gases on the market, and qualification requirements.

Further information is available from:

http://www.netregs.gov.uk/netregs/63167.aspx?dm_i=2WX,1CCJ,8LFWA,3Z79,1

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/sr/sr2009/nisr_20090184_en_1 Source: http://www.environment-agency.gov.uk/  (accessed 01/07/2009)


Battery landfill ban now in Scotland

New legislation: closed

On 6 July, Scotland joins the rest of the UK in introducing a ban on incinerating or disposing of untreated industrial and automotive (vehicle) batteries in landfill from 1 January 2010. Under the new regulations you also have to store batteries in weatherproof and leak-proof containersWaste Batteries (Scotland) Regulations 2009 amend the Pollution Prevention and Control (Scotland) Regulations 2000 to ban incinerating waste industrial and automotive batteries and amend the Landfill (Scotland) Regulations 2003 to ban industrial and automotive batteries from landfill.

Further information is available from: http://www.netregs.gov.uk/netregs/businesses/62153.aspx?dm_i=2WX,1CCJ,8LFWA,3Z79,1

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090247_en_1

Source: www.netregs.gov.uk  (accessed 01/07/2009)


Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2009

New legislation: closed

The amendment Regulations are primarily concerned with the quality of water supplied in Northern Ireland for drinking, washing, cooking, food preparation, and for food production, and with arrangements for the publication of information about water quality. They amend the main Water Supply (Water Quality) Regulations (Northern Ireland) 2007.These regulations are coming into force 15th July 2009.

Further information is available from: http://www.opsi.gov.uk/sr/sr2009/em/nisrem_20090246_en.pdf

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/sr/sr2009/nisr_20090246_en_1 Source: http://www.environment-agency.gov.uk/  (accessed 01/07/2009)


Flood Risk Management (Scotland) Act 2009

New legislation: closed

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 13th May 2009 and received Royal Assent on 16th June 2009This Act of the Scottish Parliament makes provision about the assessment and sustainable management of flood risks, including provision for implementing European Parliament and Council Directive 2007/60/EC; it makes provision about local authorities' and the Scottish Environment Protection Agency's functions in relation to flood risk management and amends the Reservoirs Act 1975.

The Flood Risk Management (Scotland) Act introduces:

·         A framework for coordination and cooperation between all organisations involved in flood risk management
·         Assessment of flood risk and preparation of flood risk management plans
·         New responsibilities for SEPA, Scottish Water and local authorities for flood risk management
·         A revised, streamlined process
·         New methods to enable stakeholders and the public to contribute to managing flood risk
·         A new single enforcement agency for the safe operation of Scotland's reservoirs

The full text of the Act can be accessed from: http://www.opsi.gov.uk/legislation/scotland/acts2009/asp_20090006_en_1 Source: http://www.environment-agency.gov.uk/  (accessed 01/07/2009)


Consultation on the Adaptation Reporting Power in the Climate Change Act 2008

New legislation: closed

The Climate Change Act 2008 gave the Government a power to ask public sector organisations, and statutory undertakers (such as energy and water companies) to report on their assessment of the risks climate change poses to them, and the actions they are going to take in response. This power is known as the Adaptation Reporting Power. This consultation covers the main questions about the proposed use of the new power, and seeks views on: Who should report?: the proposed strategy for using the reporting power including the proposed list of priority reporting authorities; What needs to be done? : a draft Direction to authorities; How should it be done?: draft Statutory Guidance to reporting authorities; and What are the costs and benefits?: an Impact Assessment, forecasting the costs and benefits associated with the proposals.

The closing date for responses to this consultation is: Wednesday 9 September. Consultation document is available from: http://www.defra.gov.uk/corporate/consult/climate-change-adapting/consultation.pdf

Further information is available from: http://www.defra.gov.uk/environment/climatechange/adapt/index.htm Source: http://www.environment-agency.gov.uk/ (accessed 01/07/2009)


Consultation on the Implementation of the Market Surveillance and Enforcement Requirements of the Eco-design of Energy Using Products and Energy Labeling Framework Directives

New legislation: closed

The Eco-design of Energy Using Products (2005/32/EC) and Energy Labeling (92/75/EC) Framework Directives require manufacturers to ensure that the products they place on the market perform above the minimum standard set by EuP, and within the claimed performance declared on the energy label. The Energy Labeling Framework Directive also includes a requirement on distributors to ensure that they display an energy label at the point of sale. Given the number of implementing measures recently agreed or planned for agreement over the coming 2-3 years, it is important to now look at enforcement options with a view to put in place an appropriate Market Surveillance Authority with adequate resources and powers to safeguard the significant benefits of these directives.

This consultation therefore seeks views on:

Part 1 - Who should carry out the Market Surveillance and Enforcement activities moving forward.
Part 2 - Expansion of the enforcement options available to the enforcement body.
Part 3 - Draft Government guidance documents for the first 5 implementing measures recently agreed in Europe under the EUP.
The closing date for responses to this consultation is: Friday 4th September.

Consultation document is available from: http://www.defra.gov.uk/corporate/consult/eup-labelling/consultation.pdf

Further information is available from: http://www.defra.gov.uk/environment/business/products/mtp/

Source: http://www.environment-agency.gov.uk/  (accessed 01/07/2009)


The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

New legislation: closed

These Regulations consolidate, revoke and re-enact with amendments the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002.These Regulations, as respects Northern Ireland-

(a) provide for the enforcement of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures ("the CLP Regulation"), in addition to the enforcement of these Regulations;

(b) implement parts of Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency; (c) implement Council Directive 1992/32/EEC amending for the 7th time Council Directive 67/548/EEC, in so far as its provisions relate to the classification, packaging and labelling of dangerous substances ("the substances Directive"); and

(d) implement Council Directive 1999/45/EC on the classification, packaging and labelling of dangerous preparations ("the preparations Directive").

The main purpose of the CLP Regulation is to adopt within the European Community the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) published by the UN Social and Economic Council. The UN GHS is the result of an international agreement made at the United Nations Conference on Environment and Development in Rio de Janeiro in 1992, and the World Summit on Sustainable Development in Johannesburg in 2002. It sets out internationally accepted definitions and criteria to identify the hazards of chemicals and to communicate those hazards via labels and safety data sheets. The GHS is a voluntary international agreement and countries may keep national requirements that are not covered by the GHS provided that they do not contradict it.

The CLP Regulation progressively replaces, with transitional arrangements, the current Community classification and labeling system for hazardous chemicals with a new system based on the GHS. It replaces certain provisions of the substances Directive and the preparations Directive relating to the classification, packaging and labeling of substances and preparations through a two-stage process, first for substances and then for mixtures (currently referred to as "preparations"). Whilst many of the classification criteria, hazard symbols and labeling phrases are similar to the existing system, there are also some differences. The CLP Regulation requires duty holders to classify, label and package hazardous chemicals before placing them on the market in accordance with its provisions.

In Great Britain the corresponding Regulations are the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009

These Regulations are coming into force 27th July 2009.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/sr/sr2009/nisr_20090238_en_1

Source: http://www.opsi.gov.uk/  (accessed 01/07/2009)


HSE publishes 2009/10 Business Plan

New legislation: closed

New Health and Safety Executive (HSE) strategy, The Health and Safety of Great Britain \\ Be part of the solution, defines the goals that HSE and all stakeholders in the health and safety system must strive to achieve. The business plan for 2009/10 demonstrates how the HSE will co-ordinate actions with local authority partners and others to begin turning those strategic goals into reality.The Business plan 2009/10 can be downloaded from:

http://www.hse.gov.uk/aboutus/strategiesandplans/businessplans/plan0910.pdf Further information is available from: http://www.hse.gov.uk/aboutus/strategiesandplans/businessplans/index.htm?ebul=hsegen/29-jun-2009&cr=2

Source: http://www.hse.gov.uk/  (accessed 01/07/2009)


Advisory note on the refurbishment of housing stock likely to contain asbestos

New legislation: closed

HSE has recently encountered instances during the refurbishment of social housing properties where inadequate measures had been taken to prevent unsafe work associated with asbestos containing materials (ACMs).  Workers, and in some cases tenants, may have been exposed to asbestos because of this failure to manage the risk.HSE has written an 'Advisory note on the refurbishment of housing stock likely to contain asbestos' which provides guidance to social landlords including local authorities, housing associations and social housing management companies and which sets out how to manage the risks of exposure of workers to asbestos to comply with current legislation.

The 'Advisory note on the refurbishment of housing stock likely to contain asbestos' can be downloaded from: http://www.hse.gov.uk/services/localgovernment/asbestos-guidance-refurbishment.pdf

Source: http://www.hse.gov.uk/  (accessed 01/07/2009)


Gas industry unsafe situations procedure (6th edition)

New legislation: closed

Since April 1998, the gas industry has worked together to provide guidance to registered engineers on how to deal with a wide range of unsafe situations which they may identify during the course of their work on domestic and non-domestic gas installations. The 6th edition of the Gas Industry Unsafe Situations Procedure has been compiled by a panel of industry representatives including HSE. This latest edition has been published by Gas Safe RegisterTM and came into effect on 1st April 2009.The 6th edition continues to improve industry gas safety standards in a number of key areas, it:

 

  • Reinforces key ventilation improvements in the 4th edition, in that from the 1st June 2008, all installations providing less than 90 per cent of the purpose provided ventilation requirement will be regarded as putting consumers "At Risk".
  • Offers guidance on the risk factors engineers should consider if they encounter flues located in voids which cannot be visually inspected.
  • <>Introduces a wider range of information regarding unsafe situations identified on LPG installations.
  • Includes advice on the actions required in line with BS7967 when using electronic portable combustion gas analysers to investigate reports of fumes.
  • Clarifies RIDDOR reporting guidance for major injury incidents and dangerous gas fittings.

HSE continues to support the gas industry in taking forward improvements to the procedure to help engineers respond effectively when unsafe gas installations are identified, thus helping to improve gas safety protection for consumers.

Due to the transition to the new gas registration body (Gas Safe RegisterTM) the 5th edition of the procedure did not come into effect, so the predecessor of the 6th edition is the 4th edition.

Further information is available from: http://www.hse.gov.uk/gas/domestic/procedure.htm?ebul=hsegen/15-jun-2009&cr=8 Source: http://www.hse.gov.uk/  (accessed 01/07/2009)


Health and safety guidance to be free online

New legislation: closed

Authoritative guidance about how to protect employees from workplace dangers is to be given away free by the Health and Safety Executive (HSE).From September 2009 around 250 priced publications that contain health and safety advice and guidance will be made freely available from HSE's website in PDF format to view and print. The publications cover the full range of HSE's guidance as well as approved codes of practice (ACOPs) and guidance on regulations. HSE said it was making the information available to help employers better understand their legal duties and what health and safety precautions they need to take, and to help safety representatives in maintaining and improving health and safety in the workplace. Those that wish to will still have the option to buy professionally produced printed versions from HSE Books. Although the publications will be made freely available online, Crown copyright will still apply and organisations wishing to reproduce the information will still need an appropriate licence from the Office of Public Sector Information (OPSI).

Further information is available from: http://www.hse.gov.uk/news/2009/free-guidance.htm?ebul=hsegen/08-jun-2009&cr=5 Source: http://www.hse.gov.uk/  (accessed 01/07/2009)


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