Solid Fuels Subject to the Climate Change Levy

New legislation: Climate Change Levy (Solid Fuel) Regulations 2001
Who does this affect: UK - Suppliers of solid fuels
When does this take effect: 01 January 2010

Supplies of solid fuel (coal and lignite; coke, and semi-coke, of coal or lignite; petroleum coke) with an open market value of no more than £15 per tonne are now subject to climate change levy following The Climate Change Levy (Solid Fuel) (Revocation) Regulations 2009 revoking the Climate Change Levy (Solid Fuel) Regulations 2001 which had previously made such fuels exempt.

The full text of the Regulations can be found here.

Amendments to the Environmental Permitting Regime

New legislation: Environmental Permitting (England and Wales) Regulations 2007
Who does this affect: England and Wales - Waste Operations
When does this take effect: 06 April 2010

On 20 December 2009 new regulations were made to in order to improve and simplify the regulatory regime for low environmental risk waste recovery and disposal operations in England and Wales in accordance with the Waste Framework Directive. The Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2009, which will come into force of 6 April 2010, amends the Environmental Permitting (England and Wales) Regulations 2007 and provides new and revised descriptions and conditions for exempt waste operations so that operators recover or dispose of waste in a manner that poses a low environmental risk without needing to obtain a permit.

The new Regulations also amend the 2007 Regulations in relation to waste operations that are not covered by the permitting requirements of the Waste Framework Directive (because they are not disposal or recovery operations) but which may still require an environmental permit under the Environmental Protection Act 1990 to the extent that they involve the deposit of waste.

It is expected that the 2007 Regulations, including the amendments made by these Regulations, will be revoked and replaced by The Environmental Permitting (England and Wales) Regulations 2010 which is due to be laid before parliament in January 2010. The expected 2010 Regulations will consolidate and widen the scope of the Environmental Permitting regime.

The full  text of the Regulations can be found here.

New Requirement for Organisations to Submit Emissions Data

New legislation: The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009
Who does this affect: UK - Organisations carrying out activities to be covered by Phase III of the EU ETS
When does this take effect: 31 December 2009

The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 came into force on 31 December 2009 and will require organisations carrying out activities to be covered by the European Union Emissions Trading System (EU ETS) in Phase III (1 January 2013 to 31 December 2020) to submit data on their emissions, production data and other relevant data. The information must be submitted to the regulator by 30 April 2010 and be independently verified. Failure to comply with the Regulations can result in a civil penalty of £1,500 in the case of emissions data or £10,000 in the case of production data or other relevant data.

The full text of the Regulations can be found here.

Further information on Phase III of the EU ETS can be found here.

Amendments to The Water Resources Act

New legislation: The Water Resources Act 1991
Who does this affect: England and Wales
When does this take effect: 22 December 2009

Amendments have been made to The Water Resources Act 1991 in order to further improve the quality of water bodies by their protection and improvement, and the control of diffuse pollution.

The Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009 extend the controls on activities to include to those which cause harm to controlled waters in addition to activities which risk or cause pollution and remove an exception for nitrate pollution resulting from agricultural activity. The Regulations also provided for new powers for the Environment Agency to carry out works where certain characteristics of a controlled water is unsatisfactory.

The full text of the Regulations can be found here.

Minor Changes to WEEE Reporting

New legislation: The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009
Who does this affect: UK - Producers and distributors of electrical and electronic equipment; the waste management and waste treatment sector
When does this take effect: 31 December 2009

Amendments made to the WEEE Regulations in November (reported last month) have been themselves amended to make it so that so that details of EEE put on the market intended for use by private households are reported quarterly instead of annually like other EEE put on the market. The changes have been made by The Waste Electrical and Electronic Equipment (Amendment) (No.2) Regulations 2009, amending The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009 which in turn amended the Waste Electrical and Electronic Equipment Regulations 2006.

The full text of the Regulations can be found here.

Amendments to the Environmental Damage Regulations

New legislation: The Environmental Damage (Prevention and Remediation) Regulations 2009
Who does this affect: UK - The marine environment
When does this take effect: 12 January 2010

Amendments have been made to The Environmental Damage (Prevention and Remediation) Regulations 2009 by The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2009 to correct a defect in the original Regulations so that they properly apply in respect to the sea adjoining England. The Amendment Regulations also correct the original Regulations for acts expressly authorised by wildlife legislation in the offshore area.

The full text of the Regulations can be found here.

INSPIRE Regulations to Increase Availability of Environmental Spatial Information

Who does this affect: UK - Public Authorities and those interested environmental spatial information
When does this take effect: 31 December 2009

The INSPIRE Regulations 2009 and The INSPIRE (Scotland) Regulations 2009 have come into force, implementing EU Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) in the UK. The Regulations apply to public authorities who hold relevant data and will eventually lead to the establishment of national and European Union infrastructures relating to spatial information. This will enable the sharing of environmental spatial information among public sector organisations and assist in making EU environmental policies and other policies or activities which may have an impact on the environment.

The data will be also, for the most part, be publically available to citizens and businesses who may find it useful.

The data to be made available will relate to core geographies (such as coordinates, grids, elevations, geographical names and addresses) and the environment (such as air, land and sea features, species distributions, land use and habitat).

The full text of the Regulations (England, Wales and Northern Ireland) can be found here.

The full text of the Regulations (Scotland) can be found here.

Changes to the Controls on Nitrates

New legislation: Nitrate Pollution Prevention Regulations 2008
Who does this affect: England and Scotland - Agricultural sector

In England, the Nitrate Pollution Prevention (Amendment) Regulations 2009 have amended the Nitrate Pollution Prevention Regulations 2008 in relation to the maximum amount of nitrogen from livestock manure that can be applied on individual farms in Nitrate Vulnerable Zones (providing certain conditions are met). These Regulations came into force on 28 December 2009.

Comparably, in Scotland, the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009, which comes into force on 24 January 2010, will amend the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008.

Both pieces of legislation implement Commission Decision 2009/431/EC granting a derogation pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. They allow farmers who meet certain conditions to apply up to 250 kg of nitrogen per hectare per year, rather than 170 kg. They also prescribe additional requirements which derogated farms must meet.

The full text of the English Regulations can be found here.

The full text of the Scottish Regulations can be found here.

Clarification Concerning Application Sites for Waste Management Activities in Northern Ireland

New legislation: The Pollution Prevention and Control Regulations (Northern Ireland) 2003
Who does this affect: Northern Ireland - Waste Management Operations
When does this take effect: 31 December 2009

The Pollution Prevention and Control Regulations (Northern Ireland) 2003 has been amended by The Pollution Prevention and Control (Amendment) Regulations (Northern Ireland) 2009 to clarify that where the use of an application site for carrying out a specified waste management activity requires planning permission granted under the Planning (Northern Ireland) Order 1991, a Certificate of Lawful Use or Development is also valid as if it were a grant of planning permission.

The full text of the Regulations can be found here.

Revised Exempted Fireplaces and Authorised Fuels for Smoke Control Areas in Wales

Who does this affect: Wales - Operators of fireplaces within smoke control areas
When does this take effect: 31 December 2009

The list of classes of fireplaces exempted from the provisions of the Clean Air Act 1993 which prohibit emissions of smoke in smoke control areas has been amended for Wales under The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2009. The fireplaces listed have all satisfied the Welsh Ministers that they can be used for burning fuel other than authorised fuels without producing any smoke or a substantial quantity of smoke.

In addition, three new types of fuels (Briteheat Briquettes, Therma Briquettes and Tiger Tim Firelogs) have been added by The Smoke Control Areas (Authorised Fuels) (Wales) (Amendment) Regulations 2009 to the list of fuels declared to be authorised fuels for use in smoke control areas.

The full text of the Exempt Fireplaces Order may be found: here (English) / yma (Cymraeg)

The full text of the Authorised Fuels Regulations may be found: here (English) / yma (Cymraeg)

Clarification of the Appeals Procedure for Asbestos in Northern Ireland

New legislation: Control of Asbestos Regulations (Northern Ireland) 2007
Who does this affect: Northern Ireland - Organisations working with asbestos
When does this take effect: 25 January 2010

The rules behind the appeals procedure in relation to the licensing of work with asbestos have been clarified by The Control of Asbestos (Amendment) Regulations (Northern Ireland) 2009. The Regulations, which amend the Control of Asbestos Regulations (Northern Ireland) 2007, make provision for representations by a person aggrieved before either the variation or revocation of a licence to work with asbestos. They also make provision for an appeal mechanism against any decision to vary or revoke a licence.

The full text of the Regulations can be found here.

DEFRA Consultations on Ozone Offences and Penalties and F Gas Regulation Amendment

Who does this affect: UK - Users of ozone depleting substances and fluorinated greenhouse gases

A consultation has been issued by DEFRA inviting views on proposals for new Regulations which prescribe offences and penalties applicable to infringements of EC Regulation No 1005/2009 on substances that deplete the ozone layer, together with proposed powers for enforcement.

The EC Regulation make rules for the production, trade, use, recovery, recycling, reclamation and destruction of substances that deplete the ozone layer, on the reporting of information related to those substances and on the trade and use of products and equipment containing or relying on those substances.

DEFRA has at the same time also issued a consultation on a proposed minor amendment to the Fluorinated Greenhouse Gases Regulations 2009 which consists of an amendment to interim personnel qualification provisions relating to stationary refrigeration, air conditioning and heat pump equipment.

Both consultations will end on 9 March 2010.

Further information can be found here.

DECC Consultation on the Inclusion of Aviation in the EU ETS

Who does this affect: UK - Aircraft operators, aerodrome operators and environmental groups

The Department of Energy and Climate Change has issued a consultation on the draft second set of implementing Regulations to include aviation in the European Union Emissions Trading Scheme (EU ETS), transposing into UK law EU Directive 2008/101/EC. This second set of regulations will follow on from The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 which came into force on 17 September 2009.

The consultation will end on 5 March 2010.

Further information can be found here.

Consultation on New Air Quality Regulations in Wales

Who does this affect: Wales

The Welsh Assembly Government has issued a consultation on the proposition to replace the Air Quality Standards (Wales) Regulations 2007 with new regulations that will include the requirements of EU Directive 2008/50/EC on ambient air quality and cleaner air for Europe (the CAFÉ Directive) which sets out new controls for fine particulate matter.

The consultation will end on 5 March 2010.

Further information can be found here (English) / yma (Cymraeg).

HSE Consultation on Amendments to the Pipeline Safety Regulations

Who does this affect: UK - Pipeline operators

The Health and Safety Executive has issued a consultation seeking views on the proposed amendments to the Pipeline Safety Regulations (PSR), which provides for the management of pipeline safety in Great Britain and UK territorial waters and continental shelf. The proposals include, amongst others, the classification of gasoline and carbon dioxide as dangerous fluids under PSR.

It also and outlines the amendments HSE intends to make to the Health and Safety (Fees) Regulations in order to allow it to recover its costs for functions in relation to its notification work under the PSR and its enforcement functions in connection with onshore and offshore major accident hazard pipelines (MAHPs).

The consultation will end on 5 March 2010.

Further information can be found here.

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