InTouch

Environmental News

NQA

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

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 in has been amended for Scotland under the Smoke Control Areas (Exempt Fireplaces) (Scotland) Order 2010 with several additional fireplaces being exempted.

In addition, one new type of fuel has been added to the list of fuels declared to be authorised fuels for use in smoke control areas by the Smoke Control Areas (Authorised Fuels) (Scotland) Regulations 2010.

The full text of the Exempt Fireplaces Order may be found here.

The full text of the Authorised Fuels Regulations may be found here.

 

ISSUE : August 2010

Consultation on revised Environmental Permitting Regulations

The Department for Environment, Food and Rural Affairs (Defra) has issued a consultation on proposed changes to the Environmental Permitting Regulations. The proposals relate to changes in certain administrative procedures and technical details relating to environmental permits and exempt waste operations. They also include proposals that the Environment Agency is given certain new civil sanctions powers in relation to offences under the current Environmental Permitting system. The proposed changes would be made by the Environmental Permitting (England and Wales) (Amendment) Regulations 2011, which is planned to come into force on 06 April 2011.

The consultation will end on 24 September 2010.

Further information can be found here.

 

ISSUE : August 2010

Consultation on new marine licensing system

The Marine and Coastal Access Act 2009 sets out a framework for a new marine licensing system for regulating marine activities in order to provide protection for the environment, human health and users of the sea.

Defra has issued a consultation concerning proposals for the secondary legislation which will implement this new system, covering key aspects including the application process, appeals against licensing decisions, and exemptions. It is planned that the new Marine Licensing System will be launched in spring 2011.

Activities carried out at sea that will likely come under the new system include: depositing substances or objects; constructing, altering and improving works; removing objects and substances from the sea bed; dredging; depositing and using explosives; and incineration.

The consultation will end on 13 October 2010.

Further information can be found here.

 

ISSUE : August 2010

Consultation on transposing the revised Waste Framework Directive

A consultation has been issued by Defra on the draft regulations that will bring the revised Waste Framework Directive (Directive 2008/98/EC) into law in England and Wales. The revised Directive aims to promote the prevention of waste, recycling, and the better use of resources, whilst protecting human health and the environment.

The key new features of the revised Directive include placing requirements on Member States to:

  • apply the “waste hierarchy” as a priority order in waste prevention and management legislation and policy;
  • set up “separate collections” of waste for at least paper, metal, plastic, and glass by 2015 where technically, environmentally and economically practicable. This applies to both household and business waste;
  • recycle 50% of waste from households by 2020;
  • recover 70% of construction and demolition waste by 2020.

Proposed ways of meeting these requirements include:

  • placing a duty on holders of new and / or revised waste permits to take measures to minimise waste and treat any waste generated in line with the waste hierarchy;
  • inserting a declaration into Waste Transfer Notes confirming that the holder has taken the waste hierarchy into account;
  • an enforcement regime to ensure that “separate collections” (which includes both sorted collection and co-mingled collection with subsequent separation at material recycling facilities) are provided for by private waste companies.

The consultation will end on 16 September 2010.

Further information can be found here.

 

ISSUE : August 2010

Consultation on food waste collection Regulations in Ireland

The Department of the Environment, Heritage and Local Government in Ireland is inviting views on draft Regulations which would require authorised waste collectors to provide or arrange for the provision of a household food waste collection on a phased basis from 1 July 2011.

The consultation will end on 1 October 2010.

Further information can be found here.

 

ISSUE : August 2010

Consultation on the Proposal to Amend the Landfill Regulations (Northern Ireland) 2003

The Department of the Environment in Northern Ireland is seeking views on a proposed amendment to the Landfill Regulations (Northern Ireland) 2003. Currently landfill sites which close or have closed since 18 December 2003 must comply with the Landfill Directive (1999/31/EC). The proposed amendment will extend the period that this requirement covers to include landfill sites which have closed since 16 July 2001.

The consultation will end on 15 September 2010.

Further information can be found here.

 

ISSUE : August 2010

Offshore Environmental Protection Licensing Regime Changes

The Energy Act 2008 made provision for new licensing regimes to govern the offshore storage of combustible gas, the offshore unloading of combustible gas and the offshore storage of carbon dioxide. The Energy Act 2008 (Consequential Modifications) (Offshore Environmental Protection) Order 2010 modifies secondary legislation so that they take into account the new licensing regimes. The legislation modified by the Order includes the following:

  • The Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999
  • The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
  • The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001
  • The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (as amended).
  • The Offshore Chemicals Regulations 2002.
  • The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005.
  • The Offshore Installations (Emergency Pollution Control) Regulations 2002.
  • Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007.
  • REACH Enforcement Regulations 2008.
  • Fluorinated Greenhouse Gases Regulations 2009.

The full text of the Order can be found here.

 

ISSUE : July 2010

Revised Ambient Air Quality Legislation in Scotland, Wales and Northern Ireland

Following new legislation in England for the improvement of air quality (see the April issue of InTouch), similar legislation has been made for Scotland, Wales and Northern Ireland to enable new measures to be put in place to further reduce the impact of air pollution on the environment and human health.

The Air Quality Standards (Scotland) Regulations 2010, the Air Quality Standards (Wales) Regulations 2010, and the Air Quality Standards Regulations (Northern Ireland) 2010, implement two European Directives (Council Directive 2004/107/EC and Council Directive 2008/50/EC) in their respective countries, and introduces new measures for reducing concentrations of micro fine particles (PM2.5) in addition to the measures for coarser particles (PM10) and other air-borne pollutants already covered.

Under the Regulations, Scottish Ministers, the Welsh Ministers and the Department of the Environment in Northern Ireland are required to provide to the public on up-to-date information on concentrations of pollutants and measures taken and plans prepared to meet targets, and publish annual reports for pollutants covered.

The new Regulations replace existing legislation on ambient air quality: the Air Quality Standards (Scotland) Regulations 2007, the Air Quality Standards (Wales) Regulations 2007, and the Air Quality Standards Regulations (Northern Ireland) 2007.

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

The full text of the Wales Regulations can be found: here (English) / yma (Cymraeg).

The full text of the Northern Ireland Regulations can be found here.

 

ISSUE : July 2010

New Legislation for Preventing Pollution of Water Resources from Silage, Slurry and Agriculture Fuel Oil in Wales

New Regulations have been made to make improvements to the protection of waters from pollution by silage, slurry and fuel oil.

The new Regulations require anyone controlling silage, slurry or fuel oil to store it in ways meeting specific requirements, and makes it a criminal offence to not do so. It is also made an offence to open a silage bale within 10 metres of any waters which silage effluent could enter as a result.

The Regulations also give powers to the Environment Agency to require a person controlling silage, slurry or fuel oil to carry out works or precautions to reduce the risk of pollution to controlled waters. They also require that anyone wanting to begin storing silage, slurry or fuel oil on a farm to notify the Environment Agency at least 14 days beforehand if the silo, slurry storage system or fuel storage area it will be stored in has been newly constructed or modified after the Regulations come into force.

The new Regulations replace the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991, as far as they relate to Wales.

The full text of the Regulations can be found: here (English) / yma (Cymraeg).

 

ISSUE : July 2010

Solvent Emissions Regulations Amended in Scotland

The Regulations controlling solvent emissions in Scotland have seen amendments which make changes to several definitions and insert new ones, update references to the Solvent Emissions Directive and also updates terminology to reflect the changes brought in by the European Classification, Labelling and Packaging of substances and mixtures Regulation which implements the United Nations Globally Harmonised System of Classification and Labelling of Chemicals).

The full text of the Regulations can be found here.

 

ISSUE : July 2010

Provisions for a Carbon Accounting Scheme put in place in Scotland

Legislation has been made to set up a scheme in Scotland for carbon accounting which will be used to monitor compliance with the targets for reducing greenhouse gas emissions.

The Carbon Accounting Scheme (Scotland) Regulations 2010 makes provision for the circumstances in which carbon units may be credited to the net Scottish emissions account (NSEA). These carbon units include both those used by participants in the EU Emissions Trading Scheme (ETS) and carbon units which may be used as credits by the Scottish Ministers.

The Climate Change (Limit on Carbon Units) (Scotland) Order 2010 sets a limit on the net amount of carbon units (i.e. carbon credits) that may be credited to net Scottish emissions accounts during the period 2010-2012.

The Climate Change (International Aviation and Shipping) (Scotland) Order 2010 provides the method by which emissions of greenhouse gases from international aviation and international shipping that are attributable to Scotland are calculated.

The Climate Change (Annual Targets) (Scotland) Order 2010 is currently at draft and when approved will set the first batch of annual targets for the period 2010-2022, as required by the Climate Change (Scotland) Act 2009.

The full text of the Carbon Accounting Scheme Regulations can be found here.

The full text of the Limit on Carbon Units Order can be found here.

The full text of the International Aviation and Shipping Order Regulations can be found here.

The draft text of the Annual Targets Order can be found here.

 

ISSUE : July 2010

Amendments Made to Requirements for Energy Performance Certificates

The new coalition Government has acted on its manifesto promise to abolish the requirement to provide a Home Information Pack when marketing a residential property and has suspended The Home Information Pack (No.2) Regulations 2007 pending their repeal by Act of Parliament.

However, suspension of the Home Information Pack duties requires some necessary amendments to The Energy Performance of Buildings Regulations 2007 as a consequence to prevent requirements relating to energy performance certificates (EPCs) from also being suspended.

The amendments Regulations make the following changes:

  • Sellers of residential property in England and Wales have a duty to obtain an EPC before putting the property on the market
  • Persons such as estate agents acting on behalf of a seller of residential property are not to market the property unless an EPC has been commissioned
  • Where a residential property is to be sold, once a valid EPC has been obtained, persons providing written particulars of the building are to include within them either an asset rating of the building or an EPC
  • The period of validity of all EPCs is now ten years

The full text of the Regulations can be found here.

 

ISSUE : June 2010

REMINDER - New Powers Enable Civil Sanctions for Environmental Offences

Under new legislation, regulators (currently the Environment Agency and Natural England) now have the power to impose civil sanctions for a range of environmental offences.

The Order sets out the basis on which civil sanctions may be used. It also sets out

the civil sanctions which are available for offences under specific Acts of Parliament such as the Environment Act 1995 and Environmental Protection Act 1990.

Similarly, the Regulations set out the civil sanctions which are available for offences under specific pieces of secondary legislation such as the Control of Pollution (Oil Storage) (England) Regulations 2001 and the Hazardous Waste (England and Wales) Regulations 2005.

The full text of the Order can be found here.

The full text of the Regulations can be found here.

 

ISSUE : June 2010

REMINDER - The CRC Energy Efficiency Scheme

The CRC Energy Efficiency Scheme Order 2010 has come into force with the intent of helping the UK to meet its greenhouse gas emission reduction targets, both domestic and international.

The Order requires participating organisations to monitor their emissions and, for organisations who qualify fully, purchase allowances for each tonne of CO2 they emit.

Participation in the CRC Energy Efficiency Scheme is mandatory for organisations who had at least one half hourly meter (HHM) settled on the half hourly market in 2008, and organisations whose 2008 annual electricity supply through all HHMs was at least 6,000 MWh will be required to participate fully.

The scheme has been designed to improve energy efficiency in public and private sector organisations that are consumers of large amounts of electricity. It is expected that the Order will come into force in April 2010.

The full text of the Order can be found here.

A user guide for The CRC Energy Efficiency Scheme can be found here.

 

ISSUE : June 2010

REMINDER - Feed-in Tariff Scheme Launched

With the coming into force of the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 on 1 April 2010 the Government has launched its Feed-in Tariff (FIT) Scheme which will allow organisations, businesses, communities and individuals to receive payment from Licensed Electricity Suppliers for electricity that they produce using qualifying renewable technologies that were installed on or after 15 July 2009.

Installations using photovoltaic (solar PV), wind and hydro technologies of a total capacity of between 50kW and 5MW are eligible to apply for the FIT Scheme through Ofgem’s accreditation process. Anaerobic digestion installations are also supported through this method up to a total capacity of 5MW.

Installations of solar PV, wind and hydro of up to 50kW are eligible to apply for the FIT Scheme if they use Microgeneration Certification Scheme (MSC) approved products which have been installed by MCS approved installers. A total of 30,000 micro combined heat and power (mCHP) installations of up to 2kW capacity will also be supported as a pilot programme.

The full text of the Regulations can be found here.

Further information on the Feed-in Tariff Scheme can be found on the Ofgem website here.

Information on the Microgeneration Certification Scheme can be found on the scheme’s website here.

You may also find information on MCS approved products and MSC approved installers by contacting the NICEIC by the following means:

     General Helpline: 0800 519 5190

     Fax: 01246 269 049

     Email: mcs@niceic.com

     Web: www.niceic.com

 

ISSUE : June 2010

REMINDER - Changes to the Renewables Obligation

The Renewables Obligation (RO), which requires licensed electricity suppliers to source a proportion of their electricity from renewable sources, has been amended. Under the RO, suppliers demonstrate compliance by presenting Renewable Obligation Certificates (ROC) which are issued to renewable electricity generators for their output.

In England and Wales, the Renewables Obligation (Amendment) Order 2010 has amended the Renewables Obligation Order 2009 to increase the end date of the RO by ten years to 2037, removed the 20% cap on the obligation, increased the headroom from 8% to 10% from 2011 and increased support for certain types of offshore wind generation. The Renewables Obligation (Scotland) Amendment Order 2010 has implemented the same provisions for Scotland.

The England and Wales Regulations and Scotland Regulations also take into account the introduction of the Feed-in Tariff (FIT) Scheme by removing all microgeneration technologies that are eligible for the FIT Scheme from the RO, while certain small generators will able to choose between the RO and the FIT.

In Northern Ireland the Renewables Obligation (Amendment) Order (Northern Ireland) 2010 has amended the Renewables Obligation Order (Northern Ireland) 2009 to make changes to the Northern Ireland Renewables Obligation (NIRO). Similar to the Regulations for England, Wales and Scotland, the Northern Ireland Regulations have increased the end date of the NIRO, in this instance by 6 years to 2033, removed the 20% cap and increased the headroom from 10% from 2011.

However, as the FIT Scheme is not applicable in Northern Ireland, the revised Regulations have also provided measures for increased support for small-scale generators by providing additional Renewable Obligation Certificates (NIROC) to new generating stations accredited from 1 April 2010.

The full text of the England and Wales Regulations can be found here.

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

The full text of the Northern Ireland Regulations can be found here.

 

ISSUE : June 2010

Changes made to WEEE Regulations

In the UK, minor amendments have been made to the WEEE Regulations in order to transpose amendments to the European WEEE Directive made by Council Directive 2008/112/EC. The changes include:

  • As of 1 June 2010, amending the definition of “dangerous substance or preparation” so that it instead refers to “dangerous substance or mixture”;
  • As of 1 December 2010 removing from the new definition substances or mixtures which are to be considered dangerous under Council Directive 67/548/EEC and adding to it any substance which fulfils the criteria for certain stated hazard classes or categories in Annex I of Regulation (EC) No 1272/2008, and
  •  As of 1 June 2015 removing from the definition any mixture which has to be considered dangerous under Council Directive 1999/45/EC

Similar provisions have been enacted in the Republic of Ireland by the Waste Management (Waste Electrical And Electronic Equipment) (Amendment) Regulations 2010 which amend the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005

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

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

 

ISSUE : May 2010

New Powers Enable Civil Sanctions for Environmental Offences

Under new legislation, regulators (currently the Environment Agency and Natural England) now have the power to impose civil sanctions for a range of environmental offences.

The Order sets out the basis on which civil sanctions may be used. It also sets out

the civil sanctions which are available for offences under specific Acts of Parliament such as the Environment Act 1995 and Environmental Protection Act 1990.

Similarly, the Regulations set out the civil sanctions which are available for offences under specific pieces of secondary legislation such as the Control of Pollution (Oil Storage) (England) Regulations 2001 and the Hazardous Waste (England and Wales) Regulations 2005.

The full text of the Order can be found here.

The full text of the Regulations can be found here.

 

ISSUE : May 2010

Framework for Northern Ireland Environment Agency Charging Scheme for EU ETS

Regulations have been put in place to provide the framework for a charging scheme to enable the Northern Ireland Environment Agency to recover its costs for regulating the EU Emissions Trading Scheme.

Under a scheme made by the Regulations, the purposes for which fees and charges are payable in respect of greenhouse gas emissions permits include:

  • application for a permit;
  • application for the variation, transfer, surrender or revocation of a permit;
  • subsistence of a permit or a registry account;
  • an application for the allocation of allowances;
  • an application for the retention of allowances by an operator ceasing to carry on an activity to which they relate.

The full text of the Regulations can be found here.

 

ISSUE : May 2010

Solvent Emissions Regulations Amended in Northern Ireland

The Regulations controlling solvent emissions in Northern Ireland have seen amendments which make changes to several definitions and insert new ones, update references to the Solvent Emissions Directive and also updates terminology to reflect the changes brought in by the European Classification, Labelling and Packaging of substances and mixtures Regulation which implements the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

The full text of the Regulations can be found here.

 

ISSUE : May 2010

Revised Regulations for Carriage of Dangerous Goods in Northern Ireland

The Regulations for controlling the carriage of dangerous goods by road and rail in Northern Ireland have been changed making a number of clarifications and relaxations. Replacing the 2006 Regulations, the new Regulations also regulate the carriage of dangerous goods by inland waterway in relation to the training, examining, and issuing of vocational training certificates to safety advisers.

The full text of the Regulations can be found here.

 

ISSUE : May 2010

Changes to the Renewables Obligation

As reported on in last month’s InTouch, The Renewables Obligation (Scotland) Amendment Order 2010 has been published, amending the Renewables Obligation (RO) for Scotland.

The amendments increase the end date of the RO by ten years to 2037, removed the 20% cap on the obligation, increased the headroom from 8% to 10% from 2011 and increased support for certain types of offshore wind generation.

The Regulations also take into account the introduction of the Feed-in Tariff (FIT) Scheme  by removing all microgeneration technologies that are eligible for the FIT Scheme from the RO, while certain small generators will able to choose between the RO and the FIT.

The full text of the Regulations can be found here.

 

ISSUE : May 2010

New Ambient Air Quality Legislation

New legislation will be coming into force in the next few months to further improve air quality, reducing the impact of air pollution on the environment and human health.

The Air Quality Standards Regulations 2010, which implements two European Directives (Council Directive 2004/107/EC and Council Directive 2008/50/EC) in England, replaces existing legislation on ambient air quality (Air Quality Standards Regulations 2007) and introduces new measures for reducing concentrations of micro fine particles (PM2.5) in addition to the measures for coarser particles (PM10) and other air-borne pollutants already covered.

Under the Regulations, the Government is required to provide to the public on up-to-date information on concentrations of pollutants and measures taken and plans prepared to meet targets, and publish annual reports for pollutants covered.

The full text of the regulations can be found here.

 

ISSUE : April 2010

Changes to Maximum Landfill Tax Credit

The maximum percentage of credit that landfill site operators may claim against their landfill tax liability during the contribution year has been amended from 6.0% to 5.5% by the Landfill Tax (Amendment) Regulations 2010.

The full text of the regulations can be found here.

 

ISSUE : April 2010

Changes to the Renewables Obligation

The Renewables Obligation (RO), which requires licensed electricity suppliers to source a proportion of their electricity from renewable sources, has been amended. Under the RO, suppliers demonstrate compliance by presenting Renewable Obligation Certificates (ROC) which are issued to renewable electricity generators for their output.

In England and Wales, the Renewables Obligation (Amendment) Order 2010 has amended the Renewables Obligation Order 2009 to increase the end date of the RO by ten years to 2037, removed the 20% cap on the obligation, increased the headroom from 8% to 10% from 2011 and increased support for certain types of offshore wind generation.

The England and Wales Regulations also take into account the introduction of the Feed-in Tariff (FIT) Scheme (reported in this month’s InTouch) by removing all microgeneration technologies that are eligible for the FIT Scheme from the RO, while certain small generators will able to choose between the RO and the FIT.

In Northern Ireland the Renewables Obligation (Amendment) Order (Northern Ireland) 2010 has amended the Renewables Obligation Order (Northern Ireland) 2009 to make changes to the Northern Ireland Renewables Obligation (NIRO). Similar to the England and Wales Regulations, the Northern Ireland Regulations have increased the end date of the NIRO, in this instance by 6 years to 2033, removed the 20% cap and increased the headroom from 10% from 2011.

However, as the FIT Scheme is not applicable in Northern Ireland, the revised Regulations have also provided measures for increased support for small-scale generators by providing additional Renewable Obligation Certificates (NIROC) to new generating stations accredited from 1 April 2010.

As of writing the Renewables Obligation (Scotland) Amendment Order 2010, which contains similar amendments for Scotland as the England and Wales Regulations, is at draft awaiting approval by resolution from the Scottish Parliament.

The full text of the England and Wales Regulations can be found here.

The full text of the Northern Ireland Regulations can be found here.

 

ISSUE : April 2010

Changes to Merchant Shipping Regulations

The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 has amended the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 to implement provisions concerning the sulphur content of marine fuels. The new Regulations come into force on 20 April 2010.

The amendments include provisions for: the control of sulphur oxide emissions, the maximum sulphur content of marine fuel used by passenger ships and the maximum content of marine fuel used by ships at berth and inland waterway vessels.

The Regulations also include minor amendments concerning:

  • the definition of  “short voyage”;
  • ships in ports and offshore terminals, and
  • ships which are platforms and Arbitration.

These minor amendments have also been made to the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 by the the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2010 which comes into force on 01 May 2010.

The full text of the Air Pollution from Ships Regulations can be found here.

The full text of the Prevention of Pollution by Sewage and Garbage from Ships Regulations can be found here.

 

ISSUE : April 2010

The CRC Energy Efficiency Scheme

The CRC Energy Efficiency Scheme Order 2010 has come into force with the intent of helping the UK to meet its greenhouse gas emission reduction targets, both domestic and international.

The Order requires participating organisations to monitor their emissions and, for organisations who qualify fully, purchase allowances for each tonne of CO2 they emit.

Participation in the CRC Energy Efficiency Scheme is mandatory for organisations who had at least one half hourly meter (HHM) settled on the half hourly market in 2008, and organisations whose 2008 annual electricity supply through all HHMs was at least 6,000 MWh will be required to participate fully.

The scheme has been designed to improve energy efficiency in public and private sector organisations that are consumers of large amounts of electricity. It is expected that the Order will come into force in April 2010.

The full text of the Order can be found here.

A user guide for The CRC Energy Efficiency Scheme can be found here.

 

ISSUE : April 2010

Regulations Remade for Control of Pollution from Silage, Slurry and Agricultural Fuel Oil

The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010 have replaced the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 to ensure enforceability in this area.

The 1991 Regulations, which were amended in 1997, were introduced to minimise the risk of water pollution from silage, slurry and agricultural fuel oils by setting minimum standards for the design, construction and maintenance of structures used to store these substances. However, the Regulations were not notified to the EU Technical Standards Committee as required by Technical Standards and Regulations Directive (Directive 98/34/EC).

The Regulations have been remade following the correct procedure; there has been no change to the requirements imposed by them.

The full text of the Regulations can be found here.

 

ISSUE : April 2010

Environmental Permitting System Revised

The environmental permitting and compliance system in England and Wales has been revised to further streamline the system and reduce its administrative burden.

The Environmental Permitting (England and Wales) Regulations 2010, which replace the Envionmental Permitting (England and Wales) Regulations 2007, widen the existing single environmental permitting system, which already covered pollution prevention and control and waste management licensing, by integrating into it the permitting regimes covering water discharge consenting, groundwater authorisations and radioactive substances regulation authorisations.

All existing consents to discharge, groundwater permits and radioactive substances authorisations and registrations automatically became environmental permits on 6 April 2010 without having to make new applications.

The new Regulations also implement permitting requirements for extractive waste and waste batteries and accumulators.

The Regulations have been amended by the Environmental Permitting (England and Wales) (Amendment) Regulations 2010 which corrects an error concerning the storage limit for waste oils.

The full text of the Regulations can be found here.

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

Further information on Environmental Permitting can be found on the EA website.

 

ISSUE : April 2010

Feed-in Tariff Scheme Launched

With the coming into force of the Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 on 1 April 2010 the Government has launched its Feed-in Tariff (FIT) Scheme which will allow organisations, businesses, communities and individuals to receive payment from Licensed Electricity Suppliers for electricity that they produce using qualifying renewable technologies that were installed on or after 15 July 2009.

Installations using photovoltaic (solar PV), wind and hydro technologies of a total capacity of between 50kW and 5MW are eligible to apply for the FIT Scheme through Ofgem’s accreditation process. Anaerobic digestion installations are also supported through this method up to a total capacity of 5MW.

Installations of solar PV, wind and hydro of up to 50kW are eligible to apply for the FIT Scheme if they use Microgeneration Certification Scheme (MSC) approved products which have been installed by MCS approved installers. A total of 30,000 micro combined heat and power (mCHP) installations of up to 2kW capacity will also be supported as a pilot programme.

The full text of the Regulations can be found here.

Further information on the Feed-in Tariff Scheme can be found on the Ofgem website here.

Information on the Microgeneration Certification Scheme can be found on the scheme’s website here.

You may also find information on MCS approved products and MSC approved installers by contacting the NICEIC by the following means:

     General Helpline: 0800 519 5190

     Fax: 01246 269 049

     Email: mcs@niceic.com

     Web: www.niceic.com

 

ISSUE : April 2010

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

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 in has been amended for England under the Smoke Control Areas (Exempted Fireplaces) (England) Order 2010  with several additional fireplaces being exempted.

In addition, one new type of fuel has been added to the list of fuels declared to be authorised fuels for use in smoke control areas by the Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2010.

The full text of the Exempt Fireplaces Order may be found here.

The full text of the Authorised Fuels Regulations may be found here.

 

ISSUE : April 2010

Enforcement of Environmental Damage Regulations Devolved in Scotland

The Environmental Damage (Prevention and Remediation) (Amendment) Regulations 2010 devolve the enforcement of the Environmental Damage (Prevention and Remediation) Regulations 2009 in the Scottish offshore region to the Scottish Ministers, except in relation to reserved matters.

The Secretary of State will retain responsibility for enforcing the 2009 Regulations relating to the prevention and remediation of environmental damage caused by oil, gas and carbon dioxide storage activities, and the prevention of environmental damage caused by marine transport activities.

The full text of the Regulations can be found here.

 

ISSUE : April 2010

Habitats Regulations Consolidated

The Conservation of Habitats and Species Regulations 2010 has come into force. The new Regulations consolidate and replace the Conservation (Natural Habitats, &c.) Regulations 1994 which had seen 30 sets of amendments making them very difficult to follow. The new Regulations make no substantive changes to existing policies or procedures.

The full text of the Regulations can be found here.

 

ISSUE : April 2010

Changes to Waste Management Liscensing Fees in Northern Ireland

Waste management licensing fees and changes in Northern Ireland have been revised. The fees and charges prescribed in the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 and the Waste Management Licensing Regulations (Northern Ireland) 2003 have been increased by 5%.

The revision allows the Department of the Environment to recover its costs in relation to the processing of waste management exemptions and the registration of carriers of waste.

The full text of the Regulations can be found here.

 

ISSUE : April 2010

Extractive Waste to Require Management Plans in Northern Ireland

Operators in the onshore extractive industry in Northern Ireland have had requirements place upon them by the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2010 to manage extractive waste so as to prevent and reduce any adverse effects on the environment and human health.

From 01 April 2010 planning permission for mining operations involving the management of extractive waste shall require a waste management plan meeting the requirements of the regulations to be submitted to and approved by the Department of the Environment.

The full text of the Regulations can be found here.

 

ISSUE : April 2010

Marine (Scotland) Act 2010

The Marine (Scotland) Act 2010 provides the framework to introduce legislation to help ensure that the Scottish marine and coastal environments are clean, healthy and biologically diverse.

The Act makes numerous provisions including those for: marine plans, the licensing of marine activities, the protection of the marine areas and their wildlife and the regulation of sea fisheries.

One specific provision of the Act is for the creation of a streamlined marine licensing system involving the issue of a single license for all marine activities. When issuing a license consideration will be given to ensure the protection of the marine environment and human health.

The full text of the Act can be found here.

 

ISSUE : April 2010

Changes to the Controls on Nitrates in Wales

The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2010 have amended the Nitrate Pollution Prevention (Wales) Regulations 2008 implementing 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. They also prescribe additional requirements which derogated farms must meet.

The full text of the Regulations can be found: here (English) / yma (Cymraeg).

 

ISSUE : April 2010

Rules Relaxed for Domestic Microgeneration in Scotland

The installation of free standing microgeneration wind turbines and air source heat pumps on domestic properties no longer requires planning permission in Scotland, subject to certain conditions.

The changes have been introduced by The Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 which designates the installation of free standing wind turbines and air source heat pumps on domestic properties as being activities to which permitted development rights can apply. Applications for planning permission are not required where permitted development rights apply.

The aim of the Order is to enable more microgeneration equipment to be installed at or on domestic buildings in Scotland.

The full text of the Order can be found here.

 

ISSUE : March 2010

Renewable Energy Generation Relief in Scotland

Non-domestic properties in Scotland which are solely concerned with the production of renewable energy (heat and/or power) will be able to apply for a reduction in rateable value by up to 100%.  Applications must be made to the local authority and signed by the ratepayer.

It is the intent of the relief to encourage the development of the renewables energy sector in Scotland.

The full text of the Regulations can be found here.

 

ISSUE : March 2010

Requirements for the Registration and Regulation of Sewage Sludge Facilities in Ireland

Operators of sewage sludge facilities in Ireland, which aren’t currently regulated under other environmental legislation, are now required to register with the local authority in whose functional area the facility is situated.

The Waste Management (Registration of Sewage Sludge Facility) Regulations 2010 have been implemented to ensure that the requirements of the Waste Framework Directive are being met and prescribe penalties for sewage sludge facilities which do not meet the Regulations.

The full text of the Regulations can be found here.

 

ISSUE : March 2010

Defra consultation on implementing European pesticides legislation

The Chemicals Regulation Directorate (CRD) of the Health and Safety Executive (HSE) is undertaking a consultation on behalf of Defra, seeking views on how to implement new European Legislation on pesticide use.

Directive 2009/128/EC (the Sustainable Use Directive or SUD) came into force on 25 November 2009 is intended to create a framework for the sustainable use of pesticides and will need to be transposed into UK law within 2 years of this date.

It is hoped that the Directive will further reduce the risks and impacts of pesticide use on human health and the environment.

The consultation will end on 04 May 2010.

Further information can be found here.

 

ISSUE : March 2010

Draft Order for the creation of the CRC Energy Efficiency Scheme

The CRC Energy Efficiency Scheme Order 2010 has been drafted. When made into law this will help the UK to meet its greenhouse gas emission reduction targets, both domestic and international, by requiring participating organisations to monitor their emissions and, for organisations who qualify fully, purchase allowances for each tonne of CO2 they emit.

Participation in the CRC Energy Efficiency Scheme (previously known as the Carbon Reduction Commitment) is mandatory for organisations who had at least one half hourly meter (HHM) settled on the half hourly market in 2008, and organisations whose 2008 annual electricity supply through all HHMs was at least 6,000 MWh will be required to participate fully. The scheme has been designed to improve energy efficiency in public and private sector organisations that are consumers of large amounts of electricity. It is expected that the Order will come into force in April 2010.

The full text of the draft Order can be found here.

A user guide for The CRC Energy Efficiency Scheme can be found here.

 

ISSUE : February 2010

SEPA consultation on proposals to amend the Radioactive Substances Act 1993 Fees and Charges (Scotland) Scheme

SEPA are inviting views on proposals to amend the application fees and some subsistence charges, and the introduction of certain new charges, under the Radioactive Substances Act 1993 Fees and Charges (Scotland) Scheme. The changes are being made to more accurately reflect current regulatory effort and also to recover the costs of the additional regulatory and reporting workload which has arisen as a result of The High-Activity Sealed Radioactive Sources and Orphan Sources Regulations 2005.

The consultation will end on 15 March 2010.

Further information can be found here.

 

ISSUE : February 2010

Consultation on revised guidance on the Groundwater (England and Wales) Regulations 2009

DEFRA have issued a consultation inviting views on the proposed revised guidance provided for those responsible for discharges which could result in the pollution of groundwater. This follows the the Groundwater (England and Wales) Regulations 2009 coming into force on 30 October 2009 (as reported in the December 2009 issue of InTouch). The guidance will clarify the requirements of the regulations and explains how they are implemented.

The consultation will end on 29 March 2010.

Further information can be found here.

 

ISSUE : February 2010

Consultation on draft guidance on the legal definition of waste and its application

A DEFRA consultation has been launched seeking views on the draft guidance prepared by DEFRA in conjunction with the Welsh Assembly Government, the Department of the Environment in Northern Ireland, the Environment Agency and the Northern Ireland Environment Agency, on the legal definition of waste and its application. The guidance aims to help organisations make the right decisions on the classification of what is and isn’t waste, particularly in cases where the classification is not straightforward.

The consultation will end on 12 April 2010.

Further information can be found here.

 

ISSUE : February 2010

EMAS III enters into force

For the second time the EMAS Regulation has been revised and modified as Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) entered into force on 11 January 2010. The scheme has been amended following the review of the performance of the second version of EMAS and modifications have been made to ensure that EMAS is a high quality environmental management scheme. It has also been modified to include measures for reducing administrative burdens for EMAS registered organisations and creating incentives for raising the attractiveness of the scheme, particularly for smaller organisations. In addition, the scope of the scheme has been extended to allow organisations outside of the European Community to gain EMAS registration with EMAS verifiers who are.

The full text of the Regulations can be found here.

Further information on EMAS can be found here, or on the NQA website.

If you would like to gain EMAS registration with NQA please send an email to ems@nqa.com or contact one of our regional offices.

 

ISSUE : February 2010

Solid Fuels Subject to the Climate Change Levy

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.

 

ISSUE : January 2010

Minor Changes to WEEE Reporting

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.

 

ISSUE : January 2010

Amendments to the Environmental Damage Regulations

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.

 

ISSUE : January 2010

Amendments to The Water Resources Act

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.

 

ISSUE : January 2010

New Requirement for Organisations to Submit Emissions Data

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.

 

ISSUE : January 2010

INSPIRE Regulations to Increase Availability of Environmental Spatial Information

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.

 

ISSUE : January 2010

Changes to the Controls on Nitrates

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.

 

ISSUE : January 2010

Clarification Concerning Application Sites for Waste Management Activities in Northern Ireland

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.

 

ISSUE : January 2010

Amendments to the Environmental Permitting Regime

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.

 

ISSUE : January 2010

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

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)

 

ISSUE : January 2010

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

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.

 

ISSUE : January 2010

DECC Consultation on the Inclusion of Aviation in the EU ETS

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.

 

ISSUE : January 2010

Consultation on New Air Quality Regulations in 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).

 

ISSUE : January 2010

The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009

These Regulations transpose parts of the Directive 2008/101/EC of the European Parliament and of the Council (‘the Aviation Directive’) by making provisions to include aircraft operators in an emissions trading scheme.

The Regulations, which apply in England, Wales, Scotland and Northern Ireland, give effect to two main parts of the Aviation Directive. The Regulations establish a procedure to allow aircraft operators within their scope to apply for a free allocation of allowances for participation in the emissions trading scheme. The first stage of the application is to apply for a benchmarking plan by 31st December 2009.

The Regulations also, as required by the Aviation Directive, impose obligations on operators to apply for an emissions plan and to monitor and report emissions. Operators must apply for an emissions plan within 8 weeks of the Regulations coming into force. New entrants must apply for an emissions plan within 8 weeks of coming within the scope of the Regulations.

The Regulations will come into force on 17 September 2009.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20092301_en_1

Further information is available from:
http://www.environment-agency.gov.uk/business/topics/pollution/107596.aspx

 

ISSUE : September 2009

The Smoke Control Areas (Exempted Fireplaces) (England) (No.3) Order 2009

This instrument allows the use (subject to strict conditions) of a number of wood burning boilers and stoves capable of smokeless operation within smoke control areas. These fireplaces do not burn the fuels generally authorised for use in such areas, and consequently have been assessed by Defra and are considered to be capable of meeting, or have met, the requirements of BS PD 6434 'Recommendations for the design and testing of smoke reducing solid fuel burning domestic appliances' published by BSI.

(No.2) Order 2009. An error was discovered in the No.2 Order before it came into force but after it had been laid. A fireplace manufacturer which appeared in the 2009 Order was omitted from the No.2 Order in error. To avoid any commercial prejudice, the error has been corrected and this instrument (the No.3 Order) will revoke and replace the No.2 Order, coming into force on 1st October 2009.

This instrument applies in England.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20092302_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20092302_en.pdf

 

ISSUE : September 2009

The Marine Works (Environmental Impact Assessment) (Amendment) (England and Wales) Regulations 2009

This amendment to the Marine Works (Environmental Impact Assessment) Regulations 2007 closes a regulatory gap and makes provision requiring environmental impact assessments to be carried out prior to the granting of consent for the extraction of minerals by marine dredging within harbours in UK waters and UK controlled waters, where this is required to comply with Council Directive 85/337/EC (the EIA Directive).

Annex I contains a transposition note for the Amendment Regulations, setting out the provisions of the EIA Directive in respect of which those Regulations make changes to the transposition of the Directive effected by the Marine Works Regulations. This amendment clarifies that extraction of minerals by marine dredging in harbours is subject to the provisions of the Marine Works Regulations. The amendment also provides that the Welsh Ministers are the appropriate authority as regards harbour works in Wales for the extraction of minerals by marine dredging. The effect of this is that prior to consent being granted by a Harbour Authority for extraction of minerals by marine dredging in a harbour, depending on the possible impact of the works, the application may be considered by the Marine and Fisheries Agency (in relation to England) or the Welsh Ministers (in relation to Wales) as the “appropriate authority” for making an EIA consent decision under the Marine Works Regulations.

This amendment applies to England and Wales.

The full text of the Regulations can be accessed from:

http://www.opsi.gov.uk/si/si2009/em/uksiem_20092258_en.pdf

Further information is available from:

http://www.opsi.gov.uk/si/si2009/em/uksiem_20092258_en.pdf

 

ISSUE : September 2009

The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Regulations 2009

This Order amends Schedule 2 to the Town and Country Planning (General Permitted Development Order 1995 (“the 1995 Order”). Schedule 2 confers permitted development rights in respect of certain development. Where such rights apply, no specific application for planning permission is needed.

Article 2(4) inserts a new Part 40 into Schedule 2 of the 1995 Order. It provides permitted development rights for the installation of specified types of microgeneration equipment on or within the curtilage of dwelling houses or flats, subject to specified criteria and conditions. Article 2(2) and 2(3) make consequential changes. This amendment applies to Wales.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/legislation/wales/wsi2009/wsi_20092193_en_1

 

ISSUE : September 2009

The Water Act 2003 (Commencement No. 9 and Saving Provisions) (England) Order 2009

This Order brings into force further provisions of section 58 of the Water Act 2003, and makes savings in respect of some of those provisions.

Section 58 of the Act makes amendments to provisions of the Water Industry Act 1991 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. Section 58(2) (fluoridation of water supplies at request of relevant authorities) and section 58(5) (consultations) were partially commenced so that relevant authorities could conduct consultations on fluoridation of water supplies.

This Commencement Order commences, in particular—

(a) section 58(2) of the Act (fluoridation of water supplies) of the 1991 Act in so far as it is not already in force.

(b) section 58(5) of the Act of the 1991 Act (consultation) in so far as not already in force; and

(c) the remaining provisions in section 58 with the exception of :

  • (i) sections 58(7) and (9); and
  • (ii) sections 58(11), (12), (13) and (14) which have not been commenced in relation to pre-1985 arrangements for fluoridation of water supplies.

Article 3 and the Schedule make saving provisions in relation to pre-1985 arrangements for fluoridation of water which were in place prior to coming into force of this order.

This Order applies in England only except for Article 2(d) which extends to Scotland only.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20090359_en_1

 

ISSUE : September 2009

Phasing out of old-style light bulbs started 1st September

On 1 September the EU started the mandatory phase out of 100W and frosted incandescent (or old fashioned) ligh tbulbs. This new legislation to cut wasted energy and high electricity bills was agreed by EU Member States last December with support of the UK.

Old-style light bulbs will be replaced with energy-efficient alternatives such as compact fluorescent lamps (CFLs). Defra has been working with all major retailers and UK energy suppliers in preparation.

A number of chains, including B&Q, Sainsbury’s and Tesco, are already part of a voluntary initiative to phase out traditional bulbs.

Further information is available from:
http://www.defra.gov.uk/news/latest/2009/defra-0901.htm

 

ISSUE : September 2009

Packaging (Essential Requirements) (Amendment) Regulations 2009

These Regulations came into force 10th July and amend the Packaging (Essential Requirements) Regulations 2003 (as amended) to continue an exemption regarding heavy metal concentration levels in plastic crates and plastic pallets.

Regulation 2 removes the expiry date of 4th March 2009 for the derogation from the maximum heavy metal concentration levels for plastic crates or plastic pallets. This implements Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in the 1994 Directive.

The derogation had expired before it was extended by Commission Decision 2009/292/EC. Consequently regulation 3 provides that no proceedings or enforcement action shall be taken in respect of a breach of the 2003 Regulations in respect of plastic crates or plastic pallets where the breach occurred between 4th March 2009 and the coming into force of these Regulations and the requirements of regulation 6(3)(a) of and Schedule II to the 2003 Regulations were complied with in relation to that packaging.

These Regulations apply to England, Scotland, Wales and Northern Ireland

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091504_en_1


 

ISSUE : August 2009

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2009

This Order designates Directive 2000/60/EC of the European Parliament and of the Council (establishing a framework for Community action in the field of water policy) and Directive 2006/118/EC of the European Parliament and of the Council (on the protection of groundwater against pollution and deterioration) as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution Prevention and Control Act 1999.

This Order came into force 19th June 2009 and it extends to England and Wales.

The full text of the Order can be accessed from:

http://www.opsi.gov.uk/si/si2009/uksi_20091517_en_1

 

ISSUE : August 2009

Environmental Noise (England) (Amendment) Regulations 2009

These Regulations make some minor amendments to the Environmental Noise (England) Regulations 2006. This instrument has no impact on the public, private or voluntary sector.

These Regulations came into force 25th July 2009 and apply to England.


The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091610_en_1 

 

ISSUE : August 2009

Environmental Permitting (England and Wales) (Amendment) Regulations 2009

These Regulations amend the Environmental Permitting (England and Wales) Regulations 2007 for the purposes of transposing the requirements of Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from the extractive industries and amending Directive 2004/35/EC (“the Mining Waste Directive”) (but excluding certain requirements in Article 6 of that Directive which will be transposed through separate regulations). They also make certain amendments to the EP Regulations relating to environmental permitting (correcting a number of errors and emissions, and updating references following the recent codification in Directive 2008/1/EC of Directive 96/61/EC, on integrated pollution prevention and control)

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091799_en_1


 

ISSUE : August 2009

Home Energy Efficiency Scheme (England) (Amendment) Regulations 2009

These Regulations amend the Home Energy Efficiency Scheme (England) Regulations 2005 in order to increase the level of grant available under the Warm Front Scheme and to expand its scope to include the installation of low carbon and renewable technologies which will help householders generate their own low cost energy.

This Amendment came into force 1st August 2009 and extends to England.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091816_en_1

 

ISSUE : August 2009

Control of Trade in Endangered Species (Enforcement) (Amendment) Regulations 2009

These Regulations insert a new regulation into the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (“the COTES Regulations”), describing three cases in which a specimen is presumed to be of a species listed in Annex A to Council Regulation (EC) No 338/97.

This presumption applies for the purposes of regulation 8 of the COTES Regulations, which provides for certain offences relating to the purchase, sale etc. of specimens, the details of which differ depending on whether the specimen is of a species listed in Annex A or Annex B to the Council Regulation No 338/97. The presumption in favour of Annex A relates to cases where different species, subspecies or geographical populations of species are split between Annexes A and B to the Principal Regulation.

This instrument has no impact on the private or voluntary sectors.

This instrument will come into force 11th August 2009 and it applies to England, Wales, Scotland and Northern Ireland.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091773_en_1

 

ISSUE : August 2009

The Landfill Tax (Amendment) Regulations 2009

These Regulations revoke Part IX of the Landfill Tax Regulations 1996 which relates to temporary
disposals of material on a landfill site and introduce a new requirement to give information and keep
records in relation to information areas.

These Regulations will come into force 1st September 2009 and apply to England, Wales, Scotland
and Northern Ireland.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091930_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20091930_en.pdf

 

ISSUE : August 2009

Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009

These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, which implement Articles 7 (energy performance certificate) and 10 (independent experts) of Directive 2002/91/EC of the European Parliament and of the Council of 16th December 2002 on the Energy Performance of Buildings. The amendments concern disclosure of energy performance certificates and recommendation reports, and of display energy certificates.

These Regulations will come into force 10th August 2009 and apply to England and Wales

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091900_en_1

 

ISSUE : August 2009

The Planning (Hazardous Substances) (Amendment) (England) Regulations 2009

These Regulations implement Article 12 of European Directive 96/82/EC on the control of major accidents involving dangerous substances as amended by Council Directive 2003/105/EC. They amend the Planning (Hazardous Substances) Regulations 1992 to increase the range of dangerous substances for which consent must be obtained for storage or processing; the definitions of these substances; and the amounts allowed before consent must be obtained.

These Regulations will come into force 1st October 2009 and apply to England and Wales

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091901_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091901_en.pdf

 

ISSUE : August 2009

The Environmental Liability (Scotland) Regulations 2009

The purpose of the instrument is to implement the Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. The main aim of the Regulations is to establish a new kind of civil mechanism to be deployed in the cases foreseen by the Directive, based upon the ‘polluter pays’ principle.

The Environmental Liability (Scotland) Regulations 2009 do not replace any existing laws but add remediation requirements for the most significant cases involving the threat of or actual damage to:

  • Biodiversity (protected species and habitats) of European importance in terms of the Birds
  • Directive and the Habitats Directive
  • Water (to water bodies) in terms of the Water Framework Directive and,
  • Land where public health is at significant risk of being adversely affected.

The Regulations place a duty on certain operators who cause a risk of significant damage to land, water or biodiversity to avert such damage occurring or, where damage has occurred, a duty to reinstate the environment to the condition prior to the incident or to undertake compensatory activity. For the purposes of the Regulations an operator is the person who operates or controls an activity which poses a threat of damage or causes actual damage to the environment. Activity is defined quite widely, extending to any activity carried out in the course of economic activity, a business or an undertaking, irrespective of its private or public, profit or non-profit nature. The Regulations will not impose requirements relating to any damage which has occurred prior to them coming into force.

These Regulations came into force 24th

http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090266_en_1

http://www.opsi.gov.uk/legislation/scotland/ssi2009/en/ssien_20090266_en.pdf

 

ISSUE : August 2009

The Electricity and Gas (Carbon Emissions Reduction) (Amendment) Order 2009

This Order amends the Electricity and Gas (Carbon Emissions Reduction) Order 2008 (“CERT Order”) which places an obligation on electricity and gas suppliers who have 50,000 or more domestic customers to achieve a carbon emissions reduction obligation. The amendments in this Order increase the overall carbon emissions reduction target; provide a carbon score for the provision of a real-time display or a home energy advice package; and make minor consequential amendments.

The Order obligates gas and electricity suppliers to meet household carbon emissions reduction targets. Suppliers achieve these targets by promoting (e.g. through subsidised offers) low carbon and energy efficiency measures such as cavity wall insulation and high efficiency light bulbs to households. At least 40% of the carbon saving obligation has to be achieved in a priority group of low income, vulnerable and elderly households.

This Order came into force 20th July 2009 and it applies to Great Britain.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091904_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091904_en.pdf

 

ISSUE : August 2009

The Electricity and Gas (Community Energy Saving Programme) Order 2009

The Order places an obligation on electricity and gas suppliers who have 50,000 or more domestic customers and on electricity generators who have generated 10TWh/yr or more of electricity in specified years to achieve a carbon emissions reduction obligation. The obligation must be achieved by promoting particular types of (energy efficiency) actions to domestic energy users in areas of low income. The Order is administered and enforced by the Office for Gas and Electricity Markets (Ofgem).

The CERT Order already requires energy suppliers to reduce the carbon emissions of domestic energy customers by promoting energy efficiency/carbon saving measures. The Electricity and Gas (Community Energy Saving Programme) Order 2009 (“the CESP Order”) adds to this obligation for those energy suppliers with more than 50,000 domestic customers and introduces an obligation for defined electricity generators to meet an additional carbon emissions reduction target.

The CESP Order is being made to place a new obligation on energy suppliers and defined electricity generators to reduce CO2 emissions by offering energy efficiency and small-scale generation measures to domestic energy users in specified areas of low income throughout Great Britain.

This Order will come into force 1st September 2009 and it applies to Great Britain.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091905_en_1

Further information is available from:
http://www.opsi.gov.uk/si/si2009/em/uksiem_20091905_en.pdf

 

ISSUE : August 2009

Groundwater Regulations (Northern Ireland) 2009

These Regulations transpose Directive 2006/118/EC on the protection of groundwater against pollution and deterioration. The purpose of the rule is to prevent the entry into groundwater of hazardous substances and the pollution of groundwater by non-hazardous pollutants. These Regulations will affect you if you discharge certain hazardous or non-hazardous substances into groundwater in Northern Ireland. These Regulations revoke and replace the Groundwater Regulations (Northern Ireland) 1998.

These Regulations will come into force 10th August 2009.

The full text of the Regulations can be accessed from:
http://www.doeni.gov.uk/groundwater_regulations__northern_ireland__2009.pdf.pdf

 

ISSUE : August 2009

The Building Regulations (2009 Amendment Act) (Commencement) Order (Northern Ireland) 2009

This Order provides for the coming into operation on 31st August 2009 of section 1, section 2, section 3, section 4(c), and section 10 of the Building Regulations (Amendment) Act (Northern Ireland) 2009.

Section 1 introduces a definition of low or zero carbon systems into the Building Regulations (Northern Ireland) Order 1979 (NI 16) (“the principal Order”). It also introduces into Schedule 1 to the principal Order a number of new matters for which building regulations may be made.

Section 2 requires district councils to take account of the desirability of preserving the character of protected buildings in carrying out their functions under building regulations.

Section 3 amends the principal Order to require nominations to the Building Regulations Advisory Committee to come from “persons” rather than “bodies”.

Section 4(c) expands Article 5(5) of the principal Order to allow building regulations to be made for the purposes of preserving or enhancing the environment and to promote sustainable development.

Section 10 creates a new offence to knowingly or recklessly submit false or misleading information for the purposes of securing building regulations approval.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/sr/sr2009/nisr_20090272_en_1 

 

ISSUE : August 2009

The Renewables Obligation (Scotland) Amendment Order 2009

The Renewables Obligation (Scotland) Amending Order 2009 amends the Renewables Obligation (Scotland) Order 2009 by inserting higher levels of support for “enhanced” wave and tidal generation
– that is, generation from wave and tidal power which is located in Scottish waters and which has not received grant support from the Scottish or UK Governments.

This Order came into force 16th July.

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090276_en_1 

 

ISSUE : August 2009

Consultation on the transposition of the revised Waste Framework Directive (Directive 2008/98/EC) in England and Wales

Member States are required to bring into force by 12 December 2010 the laws, regulations and administrative provisions necessary to comply with the revised Waste Framework Directive (WFD). Defra is responsible for transposing the revised WFD in England; and the Welsh Assembly Government (WAG) is responsible for its transposition in Wales. Defra/WAG propose to manage the revised WFD’s transposition through a two-stage process.

The following provides an indication of the issues covered in the consultation document:

- Article 4 : The waste hierarchy;
- Article 8 : Extended producer responsibility;
- Article 11 : Re-use and recycling;
- Article 11(1) : Re-use and preparing for re-use activities;
- Article 11(1) : Separate collections of waste;
- Article 11(2)(a) : Household waste recycling target;
- Article 11(2)(b) : Recovery target for non-hazardous construction and demolition waste;
- Article 16 : Principles of self-sufficiency and proximity;
- Articles 17-20 : Hazardous waste;
- Article 21 : Waste oils;
- Article 22 : Bio-waste;
- Article 28 : Waste management plans; and
- Article 29 : Waste prevention programmes.

Other Issues

- Article 6 : End-of-waste status; and
- The “R1 formula” and the recovery/disposal distinction.

The consultations will run until 9 October 2009.

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

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

 

ISSUE : August 2009

Consultation on Hazardous Waste Strategy

This consultation seeks views on a proposed Strategy for Hazardous Waste Management in England. The proposed strategy has been conceived to underpin the practical application of the revised Waste Framework Directive 2008/98/EC (WFD) and in particular the requirements that apply to hazardous waste.

Clarity is needed on how the requirements of the revised WFD should be implemented, particularly the revised waste hierarchy with respect to the management of hazardous waste. The principal aim of the proposed strategy is to deliver sound and, where necessary, improved hazardous waste treatment. It is expected that associated hazardous waste management practices and new infrastructure will meet existing regulatory requirements.

The strategy comprises:

  • Seven high level principles for the management of hazardous waste.
  • A set of outline decision trees to assist waste producers and waste managers to make the right decisions about the management of their waste and the investment in infrastructure to help move hazardous waste management up the waste hierarchy.
  • A timeline of action on issues relating to the introduction and implementation of the strategy.
  • A list of guidance relating to the treatment of hazardous waste.

The consultations will run until 13 October 2009.

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

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

 

ISSUE : August 2009

Consultation on proposals for Fairer and Better Environmental Enforcement

This joint Defra and Welsh Assembly Government consultation invites comments on Government proposals for more transparent, proportionate, consistent and effective environmental enforcement in England and Wales. The proposals include introducing new regulator-imposed civil sanctions to help create a better graduated system of enforcement; and initial proposals to strengthen the role of the criminal courts in sentencing the worst cases, which would continue to be prosecuted.

The proposals are designed to give regulators better tools to protect the environment and communities, and to level the playing field for compliant business. It is proposed that the Environment Agency, Natural England and Countryside Council for Wales should be able to use civil sanctions.

The proposals would introduce the following civil sanctions for regulators to use:

  • a range of enforcement notices: a Compliance Notice; Restoration Notice; and Stop Notice
  • Fixed Monetary Penalties -for lesser examples of non-compliance
  • Enforcement Undertakings -by which an operator could offer voluntary commitments to comply, and to fully make amends for the effects of their non-compliance. The regulator may decide to accept an Undertaking instead of imposing other sanctions.
  • Variable Monetary Penalties -enabling regulators to impose a proportionate financial penalty for moderately serious non-compliance, including removal of financial benefit from non-compliance.

The proposed civil sanctions scheme is designed to be transparent and proportionate; the new scheme would be applied consistently and accountably under government guidance; the scheme will aid regulators in targeting enforcement action on risk.

The consultations will run until 14 October 2009.

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


Further information is available from:
http://www.defra.gov.uk/corporate/consult/env-enforcement/
and
http://www.defra.gov.uk/environment/enforcement

 

ISSUE : August 2009

Consultation on Draft Noise Action Plans

This consultation seeks views on draft noise action plans for agglomerations, major roads (outsideagglomerations) and major railways (outside agglomerations), which fulfils obligations under the Environmental Noise Directive (2002/49/EC) and the Environmental Noise (England) Regulations 2006 (as amended). Please note that these draft noise action plans only apply to England.

Specifically, Defra is consulting on:

- Draft Noise Action Plan template for 23 agglomerations

  • The supporting data document for the agglomeration template
  • Draft Noise Action Plan for major roads (outside agglomerations)
  • Draft Noise Action Plan for major railways (outside agglomerations)

The consultations will run until 4 November 2009.

The consultation document can be accessed from:
http://www.defra.gov.uk/corporate/consult/noise-action-plan/consultation-document.pdf

Further information is available from:
http://www.defra.gov.uk/corporate/consult/noise-action-plan/index.htm
and
http://www.defra.gov.uk/environment/noise/mapping/action-plans.htm

 

ISSUE : August 2009

The Offshore Installations (Safety Zones) (No.2) Order 2009

This Order establishes, under section 22 of the Petroleum Act 1987, a safety zone having a radius of
500 metres from the specified point, around each installation specified in the Schedule to this Order
and stationed in waters (these include territorial waters and waters in areas designated under the

Continental Shelf Act 1964).

are prohibited from entering or remaining in a safety zone except with the consent of the Health andVessels, which for this purpose include hovercraft, submersible apparatus and installations in transit, Safety Executive or in accordance with regulations made under the Offshore Installations (Safety Zones) Regulations 1987.

This Order uses the World Geodetic System 84 (“WGS 84”) co-ordinates to establish the location of safety zones. This is the reference system that is now most commonly recognised and used throughout the world. It replaces the European Datum (1950), which was the system used for stating the location of safety zones under earlier Orders made under section 22 of the Petroleum Act 1987.

The Order revokes the Offshore Installations (Safety Zones) Order 2009 which was defective in that the co-ordinates for the latitude and longitude of the installations it related to (other than those for the Auk North Manifold 30/16 installation) were given according to WGS 84 but referenced as in accordance with European Datum (1950).

The full text of the Order can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20092099_en_1

 

ISSUE : August 2009

The Control of Major Accident Hazards (Amendment) Regulations 2009

These Regulations were made in order to clarify whether amendments made to the Control of Major
Accident Hazards (COMAH) Regulations 1999 by the Health and Safety Fees Regulations 2008 are in

force.

The amendments provide for a power to recover the costs to the Health and Safety Executive from certain COMAH establishments in specified circumstances. This instrument is prepared for the avoidance of any doubt about the power of the Health and Safety Executive to recover those costs.

These Regulations came into force 1st July 2009 and apply to England, Scotland and Wales.

The full text of the Amendment Regulations can be accessed from:
http://www.opsi.gov.uk/si/si2009/uksi_20091595_en_1

 

ISSUE : August 2009

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

These Regulations revoke and re-enact with amendments the Explosive Substances (Hazard Information) Regulations (Northern Ireland) 2000. They apply to explosives and certain substances which are controlled as if they were explosives.

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 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 REACH

Regulation 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 on the classification, packaging and labelling of dangerous preparations (“the preparations Directive”).

These Regulations will come into force 24th August 2009 and apply to Northern Ireland.

The full text of the Amendment Regulations can be accessed from:
http://www.opsi.gov.uk/sr/sr2009/nisr_20090273_en_1

 

ISSUE : August 2009

Biocidal products consultation

biocidal products. The European Commission has proposed a European Regulation for the placing on
the market and use of biocidal products. This would replace the Biocidal Products Directive 98/8/EC

and transposed into UK law by the Biocidal Products Regulations 2001.

Once in force (scheduled for January 2013), the European Regulation would directly act on all Member States, including the UK.

The proposal is a reaction to the general view that the current regulatory regime for biocidal products

is not working.

The proposal keeps the concept of assessing active substances at EU level for inclusion in a positive list and then authorising biocidal products for the market. However it aims to improve and update certain elements of the system.

Among the key changes proposed are:

  • Extending the regulatory regime to cover treated materials containing biocides.
  •  Adopting a centralised Community product authorisation scheme for some products.
  • Requiring mandatory data-sharing of vertebrate animal test data.
  • Reducing the burden of data requirements.
  • Harmonising the fee structure across Member States (but not the fees themselves).


The consultations will run until 5th October 2009

The consultation document can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/10114/266405.1/pdf/-/CD222.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/cd222.htm?ebul=hsegen/03-aug-2009&cr=5

 

ISSUE : August 2009

Consultation on proposals for new regulations requiring the notification of tower cranes

These have led to public concern over tower crane safety and in 2008 the Work and Pensions Select
Committee, inquiring into the work of the HSE, called on HSE to bring forward proposals for a
national register. At its meeting in January 2009, the HSE Board agreed that, on tower crane safety,
work was required to address public concerns and respond to the Select Committee’s
recommendation and, in addition to other measures already in place, a register of tower cranes was
needed. The register would form part of a package of measures which involves HSE and the
construction industry continuing to work closely to address issues around tower cranes such as

improving the competence of installers and operators, improving design.

The proposed regulations will require employers who use 'conventional' tower cranes (i.e tower

cranes that are assembled on site; the type involved in the high profile incidents) on construction sites
to notify certain information about the crane to HSE; HSE will make arrangements for this information

to be made publicly available in a national register.

The consultation seeks views on matters including the scope of the regulations, i.e. what types of cranes should be covered, cranes on construction sites only or also those in other locations such as stockyards, factories; the information to be collected for the register; the mechanism for submitting it; and subsequent access to that information by interested parties. HSE also seek views on the impact assessment which sets out the estimated costs and benefits of the proposed regulations, and of other policy options which involve extending the scope of the regulations to other tower cranes types and/or to non-construction sites.

The consultations will run until 9th October 2009

The consultation document can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/9954/263205.1/pdf/-/CD221.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/cd221.htm?ebul=cons/jul09&cr=2

 

ISSUE : August 2009

The UK Low Carbon Transition Plan released 15th July

The UK Low Carbon Transition Plan plots out how the UK will meet the cut in emissions set out in the budget of 34% on 1990 levels by 2020. A 21% reduction has already been delivered – equivalent to cutting emissions entirely from four cities the size of London.

Transforming the country into a cleaner, greener and more prosperous place to live is at the heart of our economic plans for Building Britain’s Future and ensuring the UK is ready to take advantage of the opportunities ahead.

By 2020:

  • More than 1.2 million people will be in green jobs
  • 7 million homes will have benefited from whole house makeovers, and more than 1.5 million households will be supported to produce their own clean energy
  • Around 40% of electricity will be from low carbon sources, from renewables, nuclear and cleancoal
  • We will be importing half the amount of gas that we otherwise would
  • The average new car will emit 40% less carbon than now.

The Transition Plan is the most systematic response to climate change of any major developedeconomy, and sets the standard for others in the run up to crucial global climate talks in Copenhagen in December.

The Plan can be accessed from:
http://www.decc.gov.uk/en/content/cms/publications/lc_trans_plan/lc_trans_plan.aspx


 

ISSUE : August 2009

Mining Waste Directive

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)

 

ISSUE : July 2009

Financial Assistance for the Low Carbon Vehicle Partnership Limited

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)

 

ISSUE : July 2009

The Carbon Accounting Regulations 2009

These Regulations, which came into force on 31st May 2009, make provision about carbon units and carbon accounting. For the purposes of Part 1 of the Climate Change Act 2008 ("the Act") it defines the following as carbon units and that each carbon unit has a value of 1 tonne of carbon dioxide equivalent:

  • (a) assigned amount units;
  • (b) European Union allowances;
  • (c) certified emission reductions;
  • (d) emission reduction units; and
  • (e) removal units.

Under the regulations, the Secretary of State has a duty to open a credit account in the UK registry in which carbon units that are to be credited to the net UK carbon account can be held. Once a carbon unit has been moved to the credit account it can only be taken out for the purpose of cancellation, unless the registry administrator is satisfied that certain conditions are met. The Regulations also provide power to credit carbon units to the net UK carbon account, sets out the circumstances in which carbon units are to be credited to and debited from the net UK carbon account during the 2008-2012 budgetary period as a result of the operation of the European Union Emissions Trading Scheme, The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091257_en_1 Source: http://www.opsi.gov.uk/  (accessed 05/06/09)

 

ISSUE : June 2009

The Carbon Budgets Order 2009

This Order, which came into force on 30 May 2009, sets carbon budgets for the budgetary periods 2008-2012 (3,018 million tonnes of carbon dioxide equivalent), 2013-2017 (2,782 million tonnes of carbon dioxide equivalent) and 2018-2022 (2,544 million tonnes of carbon dioxide equivalent). Carbon budgets set a cap on the maximum level of the net UK carbon account for each five-year budgetary period.The full text of the Order can be accessed from:

http://www.opsi.gov.uk/si/si2009/uksi_20091259_en_1

Source: http://www.opsi.gov.uk/  (accessed 05/06/09)

 

ISSUE : June 2009

The Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009

This order amends The Climate Change Act 2008 and has the effect that the Secretary of State may only set a budget for the 2018-2022 budgetary period which is equivalent to a 34% reduction in the net UK carbon account in 2020 (rather than 26%) and that compliance is to be calculated by reference to emissions of all targeted greenhouse gases rather than just carbon dioxide.It also sets a limit on the net amount of carbon units that may be credited to the net UK carbon account for the 2008-2012 budgetary period of zero carbon units. Carbon units credited to and debited from the net UK carbon account under regulation 6 of the Carbon Accounting Regulations 2009 (referenced above), i.e. those units credited and debited as a result of the operation of the EU Emissions Trading Scheme, are excluded from the level of the limit, as are allowances under the EU Emissions Trading Scheme that are acquired by the administrator of a trading scheme established under Part 3 of the Climate Change Act 2008 and credited to the net UK carbon account under regulation 5 of those Regulations.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091258_en_1 Source: http://www.opsi.gov.uk/  (accessed 05/06/09)

 

ISSUE : June 2009

The Energy Act 2004 (Commencement No. 9) Order 2009 and the Energy Act 2008 (Commencement No. 3) Order 2009

The Energy Act 2004 (Commencement No. 9) Order 2009 brings into force sections of The Energy Act 2004. Under the order, sections 90 and 91 of the 2004 Act come into force on 19 June 2009; these sections confer on the Secretary of State powers relating to the modification of licence conditions, industry codes and agreements for offshore transmission and distribution; and powers relating to the extension of transmission licences offshore. The order also brought into force section 92 of the 2004 Act as of 20 May 2009. This section inserts section 6C into the Electricity Act 1989 which makes provision relating to competitive tenders for offshore transmission licences.The Energy Act 2008 (Commencement No. 3) Order 2009 brings into force, as of 20 May 2009, section 44(1), (2) and (4) (offshore electricity transmission) of the Energy Act 2008. Section 44(1) and (2) of the 2008 Act inserts sections 6D and 6E, and Schedule 2A of the Electricity Act 1989 and give further provision in connection with tenders for offshore transmission licences in connection with section 6C inserted by the 2004 Act.

 The full text of The Energy Act 2004 (Commencement No. 9) Order 2009 can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091269_en_1

The full text of The Energy Act 2008 (Commencement No. 3) Order 2009 can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20091270_en_1 Source: http://www.opsi.gov.uk/  (accessed 08/06/09)

 

ISSUE : June 2009

Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2009

These Regulations came into force on 30 January 2009 and apply to England, Scotland, Wales and Northern Ireland.They amend the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007, in relation to marine areas where the UK has jurisdiction beyond its territorial sea. The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20090007_en_1

Further information is available from: http://www.defra.gov.uk/wildlife-countryside/protection/bird-habitat/amend.htm

Source: http://www.opsi.gov.uk/  (accessed 03/02/2009)

 

ISSUE : February 2009

New Act for the Promotion of Green Energy

The Government is to have new responsibilities toward the promotion of green energy under the Green Energy (Definition and Promotion) Act 2009 which received royal assent this month. Under the Act, the Secretary of State must prepare and publish a strategy for the promotion of microgeneration in England following consultation with producers and suppliers of equipment for microgeneration.

The Secretary of State will also be required to amend the Regulations, in relation to England, made by the Town and Country Planning (General Permitted Development) Order 1995, to provide for the granting of planning permission for specified classes of microgeneration equipment on dwellinghouses; the specified classes microgeneration equipment must include wind turbines and air source heat pumps.

In addition, the Secretary of State must also consider amending the Town and Country Planning (General Permitted Development) Order 1995 in order to facilitate the installation of microgeneration equipment on non-domestic land.

The full text of the Act can be read here.

 

ISSUE : December 2009

New Regulations to Prevent the Pollution of Groundwater

The Groundwater (England and Wales) Regulations 2009 are now in force, replacing the Groundwater Regulations 1998, and implementing Article 6 of EU Directive 2006/118/EC on the protection of groundwater against pollution and deterioration.

The intent of the Regulations is to prevent hazardous substances from entering into groundwater and the pollution of groundwater by non-hazardous pollutants. Under the Regulations, hazardous substances are defined as substances which are persistent, bio-accumulative or toxic, and non-hazardous pollutants are all other substances likely to cause pollution.

Under the Regulations it is an offence to discharge a hazardous substance or non-hazardous pollutant without a permit, the maximum penalty for which (on conviction on indictment) is an unlimited fine and/or imprisonment of up to five years.

The full text of the Regulations can be found here.

 

ISSUE : December 2009

Changes made to the WEEE Regulations

Operations who have obligations under the WEEE Regulations, such as producers and distributors of electrical and electronic equipment, and the waste management and waste treatment sector, may find their administrative burdens reduced following the coming into force of The Waste Electrical and Electronic Equipment (Amendment) Regulations 2009.

The amended WEEE Regulations now permit approved authorised treatment facilities and approved exporters to issue evidence notes on receipt of WEEE instead of once it has been treated or exported. The Regulations also now require that Producer Compliance Schemes’ submit rolling three year operational plans annually, removing the need to apply for approval every three compliance periods. In addition, they ensure that all approved treatment facilities are able to meet the minimum standards of recycling and recovery required by the EU Directive on waste electrical and electronic equipment (Directive 2002/96/EC).

The full text of the regulations can be found here.

 

ISSUE : December 2009

DEFRA Consultation on Ambient Air Quality and Cleaner Air

DEFRA are currently seeking views on the proposed approach for transposing the provisions of the EU Directive on ambient air quality and cleaner air for Europe (2008/50/EC) into legislation which applies to England. The Directive simplifies existing EU legislation by consolidating four separate directives on air quality into one. It also introduces a new control framework for fine particles (PM2.5), the requirement to discount natural sources of pollution (such as sea salt) when assessing compliance against limit values, and options for time extensions for meeting compliance deadlines for particulate matter, nitrogen dioxide and benzene.

It is intended to transpose the Directive in England with new Regulations to replace the Air Quality Standards Regulations 2007, to be in place by the end of June 2010.

The consultation will close 29 January 2010.

Further information can be found here.

 

ISSUE : December 2009

Changes to The Home Energy Assistance Scheme in Scotland

The Home Energy Assistance Scheme (Scotland) Amendment Regulations 2009 come into force on 21 December 2009 amending the Home Energy Assistance Scheme (Scotland) Regulations 2009.

The new Regulations extend the definition of an “energy inefficient dwelling” to include those which do not achieve a SAP rating of 55 or above; they also extend this definition to include mobile homes which have certain sources of heating which are considered to be inefficient. The Regulations also allow the higher maximum amount of grant (£6,500) to apply to all applications where the works carried out involve the installation of an air source heat pump.

The full text of the Regulations can be found here.

 

ISSUE : December 2009

The Hazardous Waste (Wales) (Amendment) Regulations 2009

The Hazardous Waste (Wales) (Amendment) Regulations 2009 came into force on 18 November 2009 and make numerous changes and clarifications in order to improve the procedures followed by Industry and the Environment Agency in relation to Hazardous Waste.

The new Regulations are in line with the amendments already made to the Hazardous Waste (England and Wales) Regulations 2005 when The Hazardous Waste (England and Wales) (Amendment) Regulations 2009 came into force in England on 6 April 2009. The new Regulations will ensure consistency in the regulation of hazardous waste in both Wales and England.

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

 

ISSUE : December 2009

Welsh Assembly Government Consultation on LAPPC and LA-IPPC Fees

The Welsh Assembly Government has invited views regaring the proposed increase in fees and charges for local air pollution prevention and control (LAPPC) and local authority integrated pollution prevention and control (LA-IPPC) regimes for 2010/11 in Wales. The charges are made to recover the costs of implementing the system.

The consultation runs until 18 January 2010.

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

 

ISSUE : December 2009

EA Publishes Guidance on the CRC Energy Efficiency Scheme

The Environment Agency has published CRC Energy Efficiency Scheme registration guidance for organisations who will qualify for the mandatory scheme to understand:

  • What the CRC Energy Efficiency Scheme is;
  • How the CRC applies to different organisations;
  • How to assess organisation structure;
  • How to assess CRC qualification;
  • How to register as a CRC Participant or make an Information Disclosure.

The CRC Energy Efficiency Scheme is due to be implemented on 1 April 2010 by The Carbon Reduction Commitment Order 2010 which is currently at draft.

The Environment Agency guidance can be found here.

Information on the DECC consultation on The Carbon Reduction Commitment Order 2010 can be found here.

 

ISSUE : December 2009

Licence to be required for importation and storage of combustible gas

On 13 November The Energy Act 2008 (Commencement No. 4 and Transitional Provisions) Order 2009 will bring into force the provisions of The Energy Act 2008 concerning the importation and storage of combustible gas. Under the Act, a licence will be required to carry out the following activities using or within the territorial sea adjacent to the United Kingdom or waters in a Gas Importation and Storage Zone:

  • the unloading of gas to an installation (not including the unloading of gas to a pipeline);
  • the storage of gas;
  • the conversion of any natural feature for the purpose of storing gas;
  • the recovery of stored gas;
  • the exploration with a view to, or in connection with, the carrying on of the above activities;
  • the establishment or maintenance of an installation for the purposes of the above activities.

The order also contains transitional provisions concerning gas storage activities carried on immediately before 13 November. Such activities can, for the time being, continue to be carried on without a licence, provided that an application for such a licence is made within one year of the commencement date.

There are also transitional provisions relating to operations already licensed under the Food and Environment Protection Act 1985 (“FEPA”) for the deposit of a substance or article in the sea or under the sea-bed. Such operations continue to be permitted as long as the FEPA licence continues in force without being varied. However, any activities not not authorised by the FEPA licence are still subject to the above requirements, and the provision does not apply to any requirement for consent to the drilling of a borehole or well.

Requirements for the licence referenced above are made by the The Offshore Gas Storage and Unloading (Licensing) Regulations 2009. Under these Regulations an application for a licence must be in writing and accompanied by a fee of £2,100. These Regulations do not apply to licences for offshore exploration activities, model clauses for which are instead prescribed by The Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009.

The full text of the Order can be found here.

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

The full text of the offshore exploration model clause Regulations can be found here.

 

ISSUE : November 2009

The Climate Change (Scotland) Act 2009 commencement

The Climate Change (Scotland) Act 2009 (Commencement No. 1) Order 2009 is to bring into force several provisions of the Climate Change (Scotland) Act 2009 on three different dates (31 October 2009, 1 April 2010 and 1 January 2011).

The provisions of the Act brought into force on 31 October 2009 included those relating to emissions reduction targets (such as the requirement for Scottish Ministers to set Annual Targets, as well as specific targets for 2020 and 2050), energy efficiency (such as the requirement for The Scottish Ministers to prepare and publish plans for promoting energy efficiency and improving the energy efficiency of living accommodation in Scotland, and for the promotion of the use of heat produced from renewable sources), and waste reduction and recycling, as well as several others.

Those brought into force on 1 April 2010 shall include, amongst others, provisions for energy efficiency discount schemes and climate change burdens. The provisions to be brought into force on 1 January 2011 concern the duties of public bodies relating to climate change.

The full text of the Order can be found here.

The full text of the Act can be found here.

 

ISSUE : November 2009

Consultation on detergents regulation

DEFRA have issued a consultation concerning the update of provisions for the charging for applications for derogation in the Detergents Regulations 2005 and the implementation of a ban on inorganic phosphates in domestic laundry cleaning products (DLCPs). It follows previous consultations on these issues and as such this consultation concerns the detail of changes to legislation which have been previously proposed; the consultation aims to confirm prior to implementation that the changes in the handling of derogations are acceptable and that the mechanism for implementation of the ban is reasonable.

The consultation will close 21 January 2010.

Further information is available here.

 

ISSUE : November 2009

Environmental Permitting Guidance Consultation

Defra and the Welsh Assembly Government are inviting views on the structure and content of environmental permitting guidance for exempt waste operations.

This consultation covers the draft government guidance to accompany the revised waste exemptions from environmental permitting, which will incorporate a new Schedule 2, 3 and 3A to the Environmental Permitting (England and Wales) Regulations 2007

The subject areas included in the draft Government guidance are;

  • The risk based approach to the Government’s provision of exemptions
  • The format and grouping of new exemptions
  • List of waste codes
  • Non-Waste Framework Directive Exemptions
  • Part B processes
  • Registration Requirements
  • Public Registers
  • Funding and charging
  • Compliance and Inspection
  • Record-keeping Requirements
  • Appeals and Challenges
  • Transitional provisions
  • Technical competence (Transitional provisions)
  • Regular Review Process

The consultation will close 5 January 2010.

Further information is available here.

 

ISSUE : November 2009

Consultation on the Marine Strategy Framework Directive

A joint consultation between Defra, the Scottish Government, the Welsh Assembly Government and the Department of the Environment in Northern Ireland has been issued inviting views on the draft regulations with which the Government and Devolved Administrations propose to transpose the Marine Strategy Framework Directive (MSFD) (Directive 2008/56/EC).

The EU Directive sets the overall goal of achieving Good Environmental Status (GES) for Europe's seas by 2020, setting out a range of high-level descriptors of GES, but leaves it to Member States to determine what GES means in detail, and to take action necessary to maintain or achieve it.

These regulations will put into place a high-level legal framework that will enable steps to be taken to implement the Directive, which must be transposed into UK law by July 2010. At the current stage the draft regulations do not set out a definition of GES for UK waters or the action to be taken to achieve it, for which there will be future consultations between 2010 and 2016.

The consultation will close on 22 January 2010.

Further details on the consultation can be found here.

 

ISSUE : November 2009

New Regulations to Prevent Marine Pollution

The Merchant Shipping (Anti-Fouling Systems) Regulations 2009, which come into force 1 December 2009, ensure that the necessary enforcement provisions are in place in the UK to prohibit ships from having organotin compound based anti-fouling paints applied to their hulls or other external surfaces, thereby implementing European Regulation (EC) No 782/2003. The new Regulations make necessary provisions relating to the survey and certification regime established by the EU Regulation, and also provide for the inspection and detention of ships which contravene the EU Regulation, and create offences for any breaches.

The full text of the Regulations can be found here.

 

ISSUE : November 2009

Amended Irish controls to reduce discharges of sewage into the sea

Schedule 1 of the European Communities (Port Reception Facilities for Ship Generated Waste and Cargo Residues) Regulations 2003, which details a form required to be completed by ship masters prior to entering state ports (unless exempt), has been amended by the European Communities (Port Reception Facilities for Ship Generated Waste and Cargo Residues) Regulations 2009.

The revised form now includes the requirement to provide information on the amount of sewage to be delivered and/or remaining onboard, and percentage storage capacity. The new Regulations aim to reduce the discharge of sewage into the sea, especially illegal discharges, from ships using ports in the European Community, by improving the availability and use of port reception facilities, thereby enhancing the protection of the marine environment.

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

The full text of the 2003 Regulations can be found here.

 

ISSUE : November 2009

New guidance for business to help measure and reduce greenhouse gas emissions

New guidance to measure and tackle greenhouse gas emissions for businesses and organisations has been published by Defra and DECC.  The guidance has been published alongside advice on what it means to be carbon neutral.

Businesses produce a significant proportion of the UK’s GHG emissions and have a direct role to play in helping the UK meet its climate change commitments. The guidance explains how businesses and organisations can measure and report their GHG emissions as well as set targets to reduce them. The guidance is aimed at all sizes of business as well as public and third sector organisations.

Further information is available from here.

 

ISSUE : October 2009

Battery Compliance Schemes approved

The Environment Agency has approved seven out of eight applications to run battery compliance schemes. A Battery Compliance Scheme will collect, treat and recycle batteries on behalf of large producers (those placing more than one tonne of portable batteries on the UK market each year). They will also register their members with the appropriate environment agency and provide the necessary data. They will be responsible for publicity campaigns, to raise awareness of the need to recycle batteries and to publicise their own collection arrangements. 

The approved schemes are:

  • BatteryBack – a joint venture between Veolia Environmental Services and WasteCare
  • Budget Pack
  • CCR REBAT – part of reverse logistics firm CCR
  • DHL Battery Compliance
  • ERP UK – part of the European Recycling Platform
  • REPIC eBatt
  • Valpak

Large producers of portable batteries need to join a scheme by 15 October 2009 and their schemes have to register them by 31 October.

Further information can be found here.

 

ISSUE : October 2009

Consultation on Local Authority Environmental Regulation of Industrial Plant: 2010/11 Fees and Charges

DEFRA has invited views regaring the proposed revision to the prescribed fees and charging scheme in England which specifies the fees and charges to be levied by local authorities (LAs) to recover their full costs of undertaking their functions concerning the regulation of Local Air Pollution Prevention and Control (LAPPC) and Local Authority Integrated Pollution Prevention and Control (LA-IPPC) activities, i.e. the granting, amendment, subsitance and surrender of environmental permits. There are approximately 17,000 installations currently regulated by LAs in England to which these charges apply.

Taking into acount the results of previous consultations, it is proposed that the current levels for all Pollution Prevention and Control application and subsistence charges should be increased by 1.15% for 2010/11.

The consultation runs until 23 December 2009.

Further information can be found here.

 

ISSUE : October 2009

The Quality Protocol for the production and use of quality outputs from Anaerobic Digestion

Businesses and the agricultural community using anaerobic digestion (the process whereby bacteria breaks down organic material in the absence of air) will benefit from relaxed waste regulations if they conform to a new Quality Protocol.

The Quality Protocol sets end of waste criteria which producers must follow to demonstrate the anaerobic digestate they produce has been fully recovered, and can therefore be used without having to comply with waste management controls. 

Producers and users are not obliged to comply with the Quality Protocol. If they do not, the quality outputs from anaerobic digestion will be considered to be waste and waste management controls will apply to their handling, transport and application.

The Protocol can be accessed from here

 

ISSUE : October 2009

Consultation on Use of Sewage Sludge in Forestry and in the restoration of Derelict Land

The Scottish Environment Protection Agency (SEPA) is consulting on its proposals for how it will regulate the use of sewage sludge on non-agricultural land.

The document translates the recommendations contained in SNIFFER paper ‘Human Health and Environmental Impacts of Using Sewage Sludge on Forestry and for Restoration of Derelict Land’ into SEPA guidance. The procedure will, in most cases, be sufficient to ensure that paragraph 8 and 9 Exemptions comply with the specific Exemption requirements and the overarching Relevant Objectives of the Waste Management Licensing Regulations 1994. It establishes a clear and transparent methodology for waste exemption assessment to ensure a consistent approach which protects the environment.

Responses to this consultation will be used to produce the final version of a SEPA document which will be aimed at providing guidance to those involved with the planning, carrying out and regulating of sewage sludge use.

The consultation closes on 30 October 2009.

Further information can be found here.

 

ISSUE : October 2009

Consultation on the Cave Review of competition and innovation in water markets

This consultation paper provides an opportunity to comment on proposed new legislation to extend and enhance competition and innovation in the water and sewerage industries in England and to comment on the appropriateness of the recommendations in relation to Wales.

The proposals are based on recommendations made by the Cave Review around reforming legislation on:

  • the water supply licensing regime (i.e. the competition regime for large non-household customers);
  • the new appointments  (or “insets”) regime; and
  • the special merger regime for water companies.

The consultation document also considers the Cave Review’s recommendations on reforming the water abstraction and discharge consent regimes and ways to increase innovative capacity in the water sector in England and Wales. 

The consultation will close on 18 December 2009.

Futher information is available from here.

 

ISSUE : October 2009

Consultation on UK implementation of enforcement obligations on ban of exports of metallic mercury and certain metallic mercury compounds and mixtures

This consultation concerns an EC regulation No. 11102/2008 to ban exports of metallic mercury and certain metallic mercury compounds and mixtures and the safe storage of metallic mercury. The regulation also requires all companies that produce or gain mercury to forward all relevant data related to the decommissioning of mercury cells in their plants to the Commission and competent authorities of the Member States concerned to facilitate the enforcement of the regulation. This consultation seeks views on how the UK proposes to implement within the UK the enforcement obligations as laid down by this EC regulation. The storage obligations of this regulation will be dealt with in a later consultation.

The closing date for responses is 14 October 2009.

Further information is available from here

 

ISSUE : October 2009

The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

Sewage and garbage from shipping are now to be regulated under The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 which comes into force on 1 February 2009. The new regulations implement Annexes IV (Regulations for the Prevention of Pollution by Sewage) and V (Regulations for the Prevention of Pollution by Garbage) of the International Convention for the Prevention of Pollution from Ships, 1973.The new Regulations require that ships to which the Regulation applies must not be put into service or continue in service unless a survey has been carried out in respect of the ship and the surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and materials of the ship fully comply with the Regulations and a valid Sewage Certificate has been issued. The Regulations also prohibit the discharge of sewage into the sea apart from in controlled and regulated circumstances, prohibit the disposal of plastics into the and prohibit the disposal of other garbage except in certain circumstances. United Kingdom ships are restricted from entering the Antarctic area unless they have sufficient capacity for the retention of garbage on board, and requirements are imposed for the carrying of placards relating to the disposal of garbage. Ships are required to have a garbage management plan and requirements are also imposed in relation to keeping a garbage record book.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20083257_en_1

Source: http://www.opsi.gov.uk/  (accessed 08/01/09)

 

ISSUE : January 2009

SEPA Consultation on Draft River Basin Management Plans

The Scottish Environment Protection Agency has issued a consultation on the draft river basin management plans for the Scotland river basin district and the Solway Tweed river basin district. The draft river basin management plans will ensure that statutory agencies, private organisations, public sector bodies and individuals work together to create a final plan that addresses all aspects of water management. The draft plans have been produced as one of the requirements of the EU's Water Framework Directive and similar plans will be put in place across Europe. The development of river basin management planning represents a huge step forward in safeguarding and improving the quality of the water environment across Scotland.                                                                   The consultation closes on 31 March 2009.

Further information is available from: http://www.sepa.org.uk/water/river_basin_planning.aspx

Source: http://www.sepa.org.uk/ (accessed 08/01/09)

 

ISSUE : January 2009

Regulations on Dangerous Chemicals come into force

The Export and Import of Dangerous Chemicals Regulations 2008 came into force on 3 September 2008 for the whole of the UK. These Regulations make provision for the operation of Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals, in particular their enforcement and related offences. The EC Regulations prohibit the export of chemicals and articles listed in Annex V, the use of which is prohibited for the protection of the environment and/or human health.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20082108_en_1 Source: www.opsi.gov.uk (accessed 04/09/08)

 

ISSUE : September 2008

Launch of the Northern Ireland Environment Agency

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)

 

ISSUE : August 2008

SEPA Consultation on Compliance Assessment Scheme

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)

 

ISSUE : August 2008

Landlords Allowed Corporation Tax Deductions for Specified Energy-Saving Items

On 07 July 2008 The Energy-Saving Items (Corporation Tax) Regulations 2008 comes into force, allowing companies whose business involves charging rent for leases of land to make deductions from their profits expenditure when calculating corporation tax for acquiring and installing specified energy-saving items. The Regulations themselves amend the section of the Income and Corporation Taxes Act 1988 on ‘Deduction for expenditure on energy-saving items', which was inserted into the 1988 Act by the Finance Act 2007.

Under the new amendments, up to £1500 can be deducted per dwelling-house for expenditure incurred between 8 July 2008 and 1 April 2015 on items of an energy-saving nature of the following descriptions:

  • Hot water system insulation;
  • Draught proofing;
  • Cavity wall insulation;
  • Solid wall insulation;
  • Floor insulation; and
  • Loft insulation.

The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20081520_en_1

Source: http://www.opsi.gov.uk/  (accessed 01/07/08)

 

ISSUE : July 2008

Consultation to inform Scotland's Climate Change Adaptation Framework

The Scottish Government have issued a major consultation to ensure Scotland is prepared to address the present effects of climate change while also working to minimise the effects of climate change further into the future. The consultation invites views on proposals for a strategic climate change adaptation framework through which the Scottish Government aims to promote a sustainable approach to climate adaptation. The consultation document forms the first stage of a two-stage consultation process and proposes a number of strategic principles for adapting to the unavoidable impacts of climate change.

Further information is available from: http://www.scotland.gov.uk/Publications/2008/06/23113244/0

Source: http://www.scotland.gov.uk/  (accessed 02/07/08)

 

ISSUE : July 2008

Consultation on UK Renewable Energy Strategy

The Department for Business, Enterprise and Regulatory Reform (BERR) has launched a consultation on the UK Renewable Energy Strategy, seeking views on how to drive up the use of renewable energy as part of the UK's overall strategy for tackling climate change. The consultation considers a number of measures that have the potential to achieve 15% of the UK's energy consumption from renewables by 2020. These measures aim to stimulate the market to deliver the necessary investment in the most cost effective way by providing a clear long term framework and removing the obstacles to increasing renewable generation - while ensuring that sustainability concerns are minimised. These will help the UK meet its share of the EU target to source 20% of the EU's energy from renewable sources by 2020

Further information is available from: http://renewableconsultation.berr.gov.uk/

Source: http://www.berr.gov.uk/  (accessed 02/07/08)

 

ISSUE : July 2008

Consultations on the European Commission's proposed Directive on Industrial Emissions (Integrated Pollution Prevention and Control)

Defra are inviting views on the European Commission's proposed Directive on Industrial Emissions (Integrated Pollution Prevention and Control) (Recast) through four simultaneous consultations. The separate consultations are on:

  • The substantive amendments in the proposed Directive,
  • The components of the proposed Directive which will have a particular impact on combustions plants,
  • The components of the proposed Directive which will have a particular impact on the intensive livestock farming sector, and
  • Various other activities.

Integrated Pollution Prevention and Control (IPPC) applies to about 4,000 industrial installations in the UK. It requires each installation to have a permit containing emission limit values and other conditions set to minimise emissions of pollutants likely to be emitted in significant quantities to air, water or land. In November 2005, the Commission launched a review of the IPPC Directive which culminated in the publication of a Commission Communication on 21 December 2007 accompanying the Commission's proposal for a Directive on industrial emissions (integrated pollution prevention and control) (recast), which in turn was accompanied by an impact assessment.

The consultation will close on 25 July 2008. Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/emissions-greybits/

Source: http://www.defra.gov.uk/  (accessed 04/06/08)

 

ISSUE : June 2008

Expert Panel on Air Quality Standards Consultations

The Expert Panel on Air Quality Standards (EPAQS) are inviting views and technical comments on two draft reports published in May. The first report, "guidelines for metals and metalloids in ambient air for the protection of human health" is the second report by the EPAQS as part of a new work programme in which the Panel is advising the Environment Agency on some of the priority substances that it is responsible for regulating. In this report EPAQS recommend guideline values for arsenic, beryllium, chromium and nickel; metals which are all human or suspected human carcinogens and have been shown to affect human health through the inhalation route.The second report, "Addendum to Guidelines for halogen and hydrogen halides in ambient air for protecting human health against acute irritancy effects", is an addendum to a report published in February 2006 which recommended guideline values intended to represent a level of halogen and hydrogen halides at which no significant health effects would be expected to occur over the short-term. This addendum addresses the long-term (chronic) exposure effects and as such proposes additional provisional guideline values. Both consultations will close on 6 August 2008. Further information about the consultation concerning metals and metalloids is available from: http://www.defra.gov.uk/corporate/consult/metals-metalloids/index.htm

Further information about the consultation concerning halogen and hydrogen halides is available from: http://www.defra.gov.uk/corporate/consult/halogen-halides/index.htm

Source: http://www.defra.gov.uk/  (accessed 05/06/08)

 

ISSUE : June 2008

Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

These Regulations implement in Northern Ireland Articles 7 (energy performance certificate), 9 (inspection of air-conditioning systems) and 10 (independent experts) of the Energy Performance of Buildings Directive, which lays down requirements for the production of energy performance certificates when buildings are constructed, sold or rented out, display of display energy certificates in large public buildings providing a public service, and regular inspections of air-conditioning systems.The proposed timetable for energy performance certificates is as follows: 

Commencement Date
Sale 30 June 2008
Dwellings New builds 30 September 2008
Rental 30 December 2008
Sale 30 December 2008
Buildings other than Dwellings New builds 30 September 2008
Rental 30 December 2008

A certificate is to be made available to the owner or to the prospective buyer or tenant when a building is constructed, sold or rented out. The validity of the certificate is not to exceed 10 years. The certificate is to contain reference values such as current legal standards and benchmarks to allow comparison of the energy performance of buildings. It is to be accompanied by recommendations for the cost effective improvement of energy performance.  In England and Wales, the requirement for an EPC forms part of the Home Information Packs (HIPS); however, there are no immediate plans to introduce HIPS into Northern Ireland.  In buildings over 1,000 m2  where public services are provided to a large number of persons, a display energy certificate (DEC) has to be prominently displayed in the building. This is valid for 1 year and has to be accompanied by an advisory report which is valid for 7 years. 

The full text of the Regulation can be accessed from: http://www.opsi.gov.uk/sr/sr2008/nisr_20080170_en_1

Further information is available from: http://www.dfpni.gov.uk/index/law-and-regulation/building-regulations/content_-_building_regulations-newpage-4.htm  Source: www.opsi.gov.uk (accessed 01/05/08)

 

ISSUE : May 2008

Environmental Incident Planning and Investigation

A one day programme showing how to anticipate and avoid environmental incidents and how to investigate those that have happened

What you will learn  

Pro-actively avoiding Environmental Incidents and demonstrating this to external agencies.  Emergency action if things do go wrong to ensure environmental best practice  Dealing with the media - avoiding negative PR  Methods of incident categorisation and who to contact.  Measuring the impact, capturing data and reporting.  Planning long term corrective action and monitoring.  Installing Environmental Incident Plan into the Management System.

The Course  

Environmental Aspects and Impacts arising from activities within your company and the negative impact they could have on the Environment.  How to avoid incidents using your Environmental Management System (EMS) and audit programme.  What is an incident and what do you do if one occurs.  Methods of categorising incidents the response needed and investigation required.  First response, data collection, incident categorisation and communication plan.  Monitoring and long term plan of corrective action.

Who should attend?  

Senior Managers responsible for legislation  Media Managers responsible for PR  HS and E Managers  Operational Line Managers where there are Environmental Aspects

Next Steps  

  • Accident Investigation  
  • Environmental Legislation  
  • Environmental Auditing
  • Environmental Management

 

ISSUE : May 2008

The Green Commute - Determine your Company Surface Access Strategy

A two day workshop for your company on how to plan and introduce solutions to reduce the amount of car usage by employees and customers.

What you will learn  

Why this is important and where it fits in your Corporate Responsibility and Carbon Footprint  The positive benefits on the environment, company, community, internal relations and PR  Gathering demographical information on present methods of transportation used by the staff  Realistic Target setting and employee driven solutions  Practical solutions to reduce the amount of car usage and the investment required

The  Course  

The Corporate Responsibility Statement and ensuring the scope and objective fit  Environmental aspects and the impacts caused by the use of motor vehicles  Further benefits of reduced motor vehicle use  Surveying and data analysis techniques to gather demographical data  Solutions to reduce the amount of motor vehicle usage  Managing the solutions and communication techniques to encourage these methods of transport  The financial and personal commitment to the project  Measurement of the success and communication

Who should attend?  

Senior Managers responsible for Corporate Responsibility strategy  HR Managers  HS and E Managers  Media Managers responsible for PR

Next steps...  

  • Analysing and reporting
  • CSM Data  
  • Environmental Management Systems  
  • Managing your Carbon Footprint
  • EMS Implementation

 

ISSUE : May 2008

The Waste Management Licences (Consultation and Compensation) Regulations (Northern Ireland) 2008

Article 6(4) of the Waste and Contaminated Land (Northern Ireland) Order 1997 (the 1997 Order?) allows the Department to impose on a waste management licence conditions which require the licence holder to carry out works or do other things notwithstanding that he is not entitled to do so. Articles 10(1) and (2)(a), 12(8) and 16(7) of the 1997 Order, allows the Department to impose similar conditions when modifying the conditions of, or suspending, a waste management licence. Where such a condition is imposed, any person whose consent would be required before the works, etc. could be carried out must grant to the licence holder, or join in granting, such rights as will enable him to comply with the condition. The purpose of this Regulation is to ensure that affected landowners must be consulted, in advance, if the conditions on a waste management licence have the effect of forcing them to grant rights over their land to a waste site operator. In addition, the Regulations also provide for people who grant such rights in relation to their land, to secure fair compensation for loss and damage caused as a result, as well as provide the basis on which the amount of compensation is to be assessed. This Regulation will come into operation on 19th May 2008.

The full text of the Regulation can be accessed from: http://www.opsi.gov.uk/sr/sr2008/nisr_20080160_en_1

Source: www.opsi.gov.uk (accessed 01/05/08)

 

ISSUE : May 2008

Species Action Plans for Northern Ireland just published

In line with the UK biodiversity process, a series of proposals for a Northern Ireland Biodiversity Strategy were published by the Northern Ireland Biodiversity Group (NIBG) in June 1999. Following lengthy consultation, the Group formally presented their final Recommendations to Government in October 2000. The Government welcomed and accepted the recommendations of the NIBG in August 2002 and committed itself to implementing biodiversity as major component of Government policy across all departments. The Biodiversity unit within EHS is tasked with leading the actions identified by the Northern Ireland Biodiversity Strategy to protect the variety of Northern Ireland’s natural habitats and species. Biodiversity in Northern Ireland: Recommendations to Government for a Biodiversity Strategy? (NIBG, 2000) included an initial list of 36 Northern Irish species which require Northern Ireland Species Action Plans (SAPs). This list was reviewed and an updated list published on the EHS web page in March 2004. Already 23 Northern Ireland Species Action Plans have been published. For some species action is best undertaken at an all-Ireland level. Through a partnership between EHS and National Parks and Wildlife Service in Dublin, four all-Ireland species action plans have already been published.

A further 11 Northern Ireland species action plans and two All-Ireland species action plans have just been published and can be viewed at: http://www.ehsni.gov.uk/biodiversity/sap_uk/sap_ni.htm#recentlypublishednorthernirelandspeciesactionplans

Source: www.ehsni.gov.uk (accessed 01/05/08)

 

ISSUE : May 2008

The Landfill Tax (Amendment) Regulations 2008

These Regulations, which come into force on 1st April 2008, amend the Landfill Tax Regulations 1996.

The amendments relate to: 

  • The maximum credit a landfill site operator may claim, in respect of qualifying contributions made, against their annual landfill tax liability is changed from 6.6% to 6.0%. 
  • Extension of the period of time that an approved body has for submitting any financial details that may be required under regulations (14 day period for submitting financial accounts to the regulatory body).
  • Revoking regulation which enabled the regulatory body to revoke the approval of an approved body that failed to comply with the requirements of regulation 33A(1).
  • The Commissioners for Her Majesty’s Revenue and Customs are enabled to revoke the approval of an approved body that fails to comply with any requirement of regulation 33A(1).
  • The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080770_en_1 Source: www.opsi.gov.uk  (accessed 03/04/08)

     

    ISSUE : April 2008

    The Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2008

    Part 39 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 grants planning permission in respect of the erection of buildings necessary for the purposes of housing poultry and other captive birds to protect them from avian influenza. The extent and nature of the development permitted are subject to limitations. Where Part 39 applies, no specific application for planning permission is needed. Planning permission is granted by Part 39 subject to a number of conditions, including a condition that the development is removed, at the latest, by 21 March 2008. This Order amends Part 39 by extending the date by which development must be removed to 21 March 2009. It also amends Part 39 by requiring that the development be removed, at the latest, as soon as practicable after the extended date.

    The full text of the Order can be accessed from: http://www.opsi.gov.uk/legislation/wales/wsi2008/wsi_20080502_en_1 Source: www.opsi.gov.uk  (accessed 03/04/08)

     

    ISSUE : April 2008

    The Removal and Disposal of Vehicles (Amendment) (Wales) Regulations 2008

    These Regulations amend the Removal and Disposal of Vehicles Regulations 1986 in relation to Wales (save for those parts of the Severn Crossings which are in Wales) so as to allow civil enforcement officers to remove vehicles which have been permitted to remain at rest on a road in a civil enforcement area in Wales. Such removal may only take place where a civil enforcement officer has fixed a penalty charge notice to the vehicle, or has handed such a notice to the person appearing to be in charge of the vehicle. Penalty charge notices issued in relation to vehicles in designated parking places which are issued in respect of parking charges, failing to display a ticket or parking device or failing to remove the vehicle from a parking place at the end of a period for which a charge was paid, will not warrant removal of the vehicle concerned, until the expiry of the appropriate period? as defined by new regulation 5C(4). The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/legislation/wales/wsi2008/wsi_20080612_en_1

    Further information is available from: http://www.assemblywales.org/bus-home/buslegislation/bus/bus-legislation-sub/bus-legislation-sub-annulment.htm

    Source: www.opsi.gov.uk  (accessed 03/04/08)

     

    ISSUE : April 2008

    The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2008

    These Regulations amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 in order to transpose Commission Directive 2007/73/EC amending certain Annexes to Council Directives 86/362/EEC and 90/642/EEC as regards maximum residue levels for acetamiprid, atrazine, deltamethrin, imazalil, indoxacarb, pendimethalin, pymetrozine, pyraclostrobin, thiacloprid and trifloxystrobin. These Regulations substitute maximum residue levels for certain pesticides in Schedule 2 to the 2005 Regulations.

    The full text of the Amendment can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080665_en_1

    Source: www.opsi.gov.uk  (accessed 03/04/08)

     

    ISSUE : April 2008

    Consultation on the transposition of Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel

    Defra has issued a consultation inviting views on the proposed approach in transposing European Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel into UK legislation.

    The Directive replaces the existing Directive 92/3 Euratom and the changes include:

    • The inclusion of shipments of spent nuclear fuel for reprocessing, ensuring consistency with the 'Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’
    • The automatic consent procedure’ will be compulsory, meaning a Member State of destination or transit will be deemed to have consented to a shipment if it acknowledges but then fails to respond to a request for consent within the specified time limit of three months. The existing UK opt-out will no longer apply.
    • The incorporation of technical aspects of other legislation, in particular the Basic Safety Standards Directive
    • Exports of waste or spent fuel from the Community under the new regime will require the consent of the country of destination

    The consultation document includes nine questions regarding the draft regulations as well as background and supporting information. The consultation will close on 19 May 2008. Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/radwaste-shipments/index.htm Source: www.defra.gov.uk  (accessed 04/03/08)  

     

    ISSUE : March 2008

    The Planning and Energy Act 2008

    The Planning and Energy Act was published 14 November 2008 and it extends to England and Wales.

    The Act enables local planning authorities to set requirements for energy use and energy efficiency in local plans and it allows local councils to set reasonable requirements in their development plan documents for:

    1. a proportion of energy used in development in their area to be energy from renewable sources in the locality of the development;
    2. a proportion of energy used in development in their area to be low-carbon energy from sources in the locality of the development;
    3. development in their area to comply with energy-efficiency standards that exceed the energy requirements of building regulations.

    The full text of the Act can be accessed from: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080021_en_1

    Source: http://www.opsi.gov.uk/  (accessed 28/11/08)

     

    ISSUE : December 2008

    Consultation on the scope of the proposed 6-year review of Process Guidance Notes for Part B Installations

    This consultation was issued jointly by the UK Government, the Welsh Assembly Government and the Scottish Government. Defra, together with the Welsh Assembly Government and the Scottish Government, issue guidance on the air pollution control standards which reflect Best Available Techniques (BAT) for those installations regulated by local authorities (and the Scottish Environment Protection Agency, in Scotland) under the Environmental Permitting Regulations (EPR). The control regime is generally referred to either as Local Authority Pollution Prevention and Control (LAPPC) or as the regulation of "Part B" installations. Process guidance notes are reviewed periodically to ensure that they remain relevant and up-to-date. This consultation seeks views of all stakeholders - regulators, regulated business, environmental groups, and any other interested parties on how the next review should be conducted and what it should cover. It is proposed to undertake the review of all 80 process guidance notes between 2009 and 2011. The consultation closes on 6 February 2009. The Consultation document can be accessed from: http://www.defra.gov.uk/corporate/consult/sixyear-review/consultation.pdf

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

    Source: http://www.defra.gov.uk/  (accessed 27/11/08)

     

    ISSUE : December 2008

    Consultation on the recommendations of the Climate Change Simplification project

    On 18 December 2007 DEFRA launched a consultation seeking views on the recommendations of the Climate Change Simplification project. This consultation is on the recommendations presented in the Climate Change Instruments: Areas of Overlap and Options for Simplification? report. The report reviews Defra’s three major climate Change instruments - EU Emissions Trading Scheme (EU ETS), Climate Change Agreements (CCAs) and the proposed Carbon Reduction Commitment (CRC) - with a view to eliminating avoidable overlap, simplifying the existing regulation, and ensuring that the regulatory burden on the economy is kept to a minimum. In addition, the review also provides an initial assessment of the overlaps between these instruments and other measures that either directly or indirectly affect the amount of carbon being emitted, and suggest some broad principles for dealing with them. A series of questions has been produced by DEFRA to obtain views on the project. The consultation will close on Wednesday, 19 March 2008.

    Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/cc-instruments/index.htm

    Source: www.defra.gov.uk (accessed 02/01/08)

     

    ISSUE : January 2008

    Consultation on options for implementing the Batteries Directive

    The Department for Business Enterprise & Regulatory Reform has launched a consultation seeking views on the proposed options for the implementation of the Batteries Directive which covers portable, industrial and automotive batteries and accumulators. Of these, DEFRA is responsible for implementing the provisions on portable batteries DEFRA is consulting on a number of issues, most significantly:

  • The most effective and efficient way for producers to discharge their obligations under the Directive. The most efficient method for collection of portable batteries through the setting up of an accessible and cost effective structure.
  • How to ensure that obligations on producers are proportionate to the size of the business and their share of the market.
  • Interim collection targets. You may wish to respond to this consultation if you are a: Battery producer Battery distributor/retailer Battery manufacturer Private label owner Battery pack assembler Domestic Original Equipment Manufacturer (OEM) Importer of electrical equipment containing batteries when sold Distance seller Battery collection, treatment and/or recycling operator Local Authority Consumer Other Government Department The consultation will close on Thursday, 13 March 2008.
  • Further information about the consultation is available from: http://www.defra.gov.uk/environment/waste/topics/batteries/batteries-implement.htm
  • Source: www.defra.gov.uk (accessed 02/01/08)
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    ISSUE : January 2008

    Consultation on Proposed UK auction design for use in the EU Emissions Trading Scheme Phase II

    This DEFRA consultation is on Government’s proposed type, form and process for the auction or sale of EU allowances (EUAs) during Phase II. The proposed allocation method already takes account of views expressed during the UK’s March 2005 consultation on allocation of surplus Phase I allowances and the input of an Auctioning Working Group, a small stakeholder group set up to provide views to Government on auction design. In proposing the design, Government has taken account of the overriding aim of the Emissions Trading Directive: the reduction of emissions. The objective for the auction or sale of the allowances is to allocate allowances in a simple, transparent way to those who value them most highly whilst achieving good value for the taxpayer, by optimising Government revenue and avoiding damage to confidence in the EU ETS market system. It will also be important that auctions and sales remain within the rules of European Union state aid and internal market regulation. The consultation will close on Friday, 14 March 2008.

     Further information about the consultation is available from: http://www.defra.gov.uk/environment/waste/topics/batteries/batteries-implement.htm Source: www.defra.gov.uk (accessed 02/01/08)

     

    ISSUE : January 2008

    Consultation on sustainable products - improving the efficiency of energy using products

    On the 5th December 2007 AEA Energy & Environment, as lead contractor on the Government’s Market Transformation Programme (MTP), on behalf of the Department for Environment, Food and Rural Affairs (DEFRA), issued a consultation on sustainable products. This consultation implements an Energy White Paper commitment to publish a series of papers analysing how the performance of a range of energy-using products will need to improve over the next 10 - 20 years. It forms part of a wider annual review and policy development process, supporting delivery of the Government’s objectives for energy and for sustainable consumption and production. Eleven separate papers cover the following areas:

  • Domestic lighting products
  • Domestic cold appliances
  • Domestic wet products
  • Domestic cooking products
  • Information and communication technology (ICT) products
  • Air conditioning products
  • Motor driven systems
  • Commercial refrigeration
  • Commercial lighting products
  • Street lighting and traffic signals
  • Domestic heating and hot water systems The consultation will close on Wednesday, 27 February 2008.
  •  

    ISSUE : January 2008

    Consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive 2006/32/EC

    On 13 December 2007 a consultation on Article 5 of the Energy End Use Efficiency and Energy Services Directive was issued by DEFRA. Article 5 requires the public sector to fulfill an exemplary role in the context of energy end use efficiency. As part of performing this exemplary role the public sector must communicate its energy saving actions to the wider public. The Directive requires the public sector to take up cost effective energy efficiency improvements that generate the largest savings in the shortest space of time. The consultation outlines the UK Governments preliminary views on implementing Article 5.

    The consultation assesses the current energy efficiency policies in place that impact on the public sector, in order to identify any gaps in compliance with the Article’s provisions. The main proposals relate to options from an annex linked to the procurement of energy using equipment, buildings and services, from which the public sector is required to implement at least two, and whether a voluntary or legislative approach should be taken to implementation.

    The consultation will close on Thursday, 6 March 2008. Further information about the consultation is available from: http://www.defra.gov.uk/corporate/consult/energyservices-article5/index.htm Source: www.defra.gov.uk (accessed 02/01/08)

     

    ISSUE : January 2008

    New Eco-design for Requirements Energy-Using Products

    New legislation regarding the setting of eco-design requirements for energy, The Eco-design for Energy-Using Products Regulations 2007 will come into force 11th August 2007. These Regulations implement requirements of Directive 2005/32/EC, establishing a framework for the setting of eco-design requirements for energy-using products. The Regulations stipulate any product listed in Schedule 1 of the Regulations may not be put on the market unless it conforms to the product requirements set out in Schedule 2. Manufacturers of listed products are to assess that the product conforms to the product requirements, and provide for the product to undergo conformity assessment?. Products listed in Schedule 1 include: - Boilers with a rated output of 4kW and 400kW, and appliances? (i.e. boiler bodies and burners); - Refrigerators and freezers; and - Ballasts for fluorescent lighting. Schedule 2 sets out the energy efficiency requirements for listed products. .

    The full text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2007/20072037.htm Source: www.opsi.gov.uk

     

    ISSUE : September 2007

    A WEEE call to potentially unregistered producers

    Unregistered producers of electrical and electronic equipment could be getting a call from the Environment Agency as it continues to raise awareness of the WEEE Regulations. Since 1 July, under the new Waste Electrical and Electronic Equipment (WEEE) Regulations, separately collected waste electrical and electronic equipment has to be treated and recycled with the producers paying the cost. The new rules mean that anyone who produces brands or imports such goods has to be registered with an approved Producer Compliance Scheme (PCS). The data submitted to the Environment Agency by these schemes shows that the major producers have done this. However we are aware there are smaller businesses obligated under the WEEE Regulations who still haven registered. The Environment Agency acknowledges that the Regulations may be news to many smaller producers and will therefore be calling 4,500 companies who might need to be registered as potential producers. This campaign is part of the Environment Agency's continuing efforts to raise awareness amongst unregistered producers and runs alongside efforts by the Department for Business, Enterprise and Regulatory Reform (BERR, formerly the DTI), who are also reminding producers of their responsibilities. The Environment Agency has also published an enforcement policy statement, which outlines how it will deal with any producers, compliance schemes and those treating or exporting WEEE who fail to follow the rules. With electrical waste now one of the fastest-growing waste streams across Europe - expanding at around three times the rate of general waste - the aim of the regulations is to encourage more recycling, recovery and re-use, and ultimately divert more used goods away from landfill. The WEEE Regulations place the responsibility for - and the cost of - reducing environmental impact on those who profit from making the goods in the first place. The more electronics a producer puts on the market, the more WEEE it must ensure is dealt with safely. Producer Compliance Schemes have been set up to help those companies affected by the WEEE Regulations by collecting and recycling products on their behalf. The enforcement policy statement in detail can be found on our website at www.environment-agency.gov.uk

    For the full list of approved compliance schemes and their contact details, along with further information on the WEEE Regulations, visit www.environment-agency.gov.uk/weee or contact the Environment Agency on 08708 506 506. Source www.environment-agency.gov.uk (accessed 01/08/07)

     

    ISSUE : September 2007

    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)

     

    ISSUE : August 2007

    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)

     

    ISSUE : August 2007

    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)

     

    ISSUE : August 2007

    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)

     

    ISSUE : August 2007

    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)

     

    ISSUE : August 2007

    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)

     

    ISSUE : August 2007

    Consultation on Incentives for Recycling by Households

    Alongside the publication of the Waste Strategy for England 2007, the Government has launched a consultation on incentives for recycling by households. England currently disposes of 63% of municipal waste via landfill. Landfill sites are responsible for producing methane, a powerful greenhouse gas - methane emissions from biodegradable waste in landfill account for 38% of all UK methane emissions and 3% of all UK greenhouse gas emissions. The Government’s Waste Strategy 2007 aims to help England achieve increasing annual net reductions in global greenhouse gas emissions from waste management. Challenging targets for waste minimization and recycling in the Strategy, alongside EU targets for a reduction of biodegradable municipal waste sent to landfill, mean that local authorities need residents to take steps to reduce their waste, home compost more and recycle more.

    The Local Government Association and some local authorities have called for the power to charge householders according to the amount of non-recyclable waste they throw away, in order to incentivise them to reduce their waste and recycle and home compost more. Local authorities may be given the power to introduce charging schemes for household waste. Such schemes are prohibited in the UK under current legislation but are widespread in other parts of Europe. The UK is the only EU country to have such a prohibition.

    The Government is proposing to give local authorities the legal power to choose to introduce a revenue-neutral scheme, where this is desired locally, to financially incentivise householders to recycle and reduce waste. Authorities would be free to design their own schemes, provided they met Government requirements set out in the legislation, including the need to take steps to avoid increases in fly-tipping. This consultation document seeks views on removing the ban on local authorities choosing to introduce a revenue-neutral scheme to financially incentivise householders to recycle and reduce waste, where this is desired locally. The closing date for this consultation is 16 August 2007.

    Visit the following website for further information: http://www.defra.gov.uk/corporate/consult/waste-incentives/index.htm Source: www.defra.gov.uk (accessed 08/06/07)

     

    ISSUE : July 2007

    Proposals for offences and penalties under EC Regulation on fluorinated greenhouse gases

    A consultation, beginning on 18 May 2007, invites views on proposed offences and penalties Regulations applicable to Great Britain that carry forward the implementation of EC Regulation 842/2006 on Certain Fluorinated Greenhouse Gases. Key obligations in the Regulation will apply in the EU from 4 July 2007. Member states are required to put in place offences and penalties for failure to comply with the Regulation.

    The principal objective of the EC Regulation is to contain, prevent and thereby reduce emissions of Fluorinated gases covered by the Kyoto Protocol. The main provisions in the Regulation deal with containment through responsible handling during use, recycling and end-of-life recovery; reporting requirements and certain application specific bans on use and placing on the market. The consultation includes the proposed GB offences and penalties Regulations which sets out offences for each of the key obligations in the EC Regulation and penalties for failure to comply and a draft partial Regulatory Impact Assessment.

    The proposed Regulations also provide proposed powers for enforcing bodies as well as for the Regulations to apply to offshore oil and gas installations. The consultation closes on 14 August 2007.

    Further information is available from: http://www.defra.gov.uk/corporate/consult/f-gas/index.htm Source: www.defra.gov.uk (accessed 08/06/07)

     

    ISSUE : July 2007

    Guidance to Local Authorities on Climate Change Mitigation

    The Climate Change and Sustainable Energy Act 2006 commits the Government to producing an 'Energy Measures Report' by August 2007. This report must contain information on measures that local authorities can take in order to:

     - Improve energy efficiency; - Increase the levels of microgeneration;

     - Reducing greenhouse gas emissions; or

    - Reducing the number of households living in fuel poverty. Local authorities will have to 'have regard' to this report when exercising their functions.

    The consultation seeks written views, from local government and others, on the approach the government should take towards the report. The report will form part of a wider package of measures taken forward in England and Wales to ensure that more local authorities take action on climate change and sustainable and affordable energy. The closing date for this consultation is 1 August 2007.

    Further information is available from the Defra website at: http://www.defra.gov.uk/corporate/consult/ccmitigatefuelpov-laguid/index.htm Source: www.defra.gov.uk (accessed 08/06/07) For further information on our Environmental training courses, please contact us on 01565 724200 or visit our website www.jpd.co.uk to speak to a friendly member of our team.

     

    ISSUE : July 2007

    Amendment to Road Vehicles Regulations

    The Road Vehicles (Construction and Use) (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 1817) were laid before Parliament on 27th June and enter into force on 1st August 2007. These Regulations further amend the Road Vehicles (Construction and Use) Regulations 1986 ("the 1986 Regulations"). Regulation 2 amends the definition of "the emissions publication" in Schedule 7B of the 1986 Regulations so as to refer to the most recent edition of the publication entitled "In Service Exhaust Emission Standards for Road Vehicles - Thirteenth Edition". The publication contains in-use emissions limits that petrol-engined cars and light vans are required to meet at MoT and roadside emissions tests. The publication includes information on new models of petrol-engined passenger cars and light commercial vehicles, which have come onto the market since the last amending regulations came into effect on 1st August 2006; it also revises a small amount of data on existing models.

    The Regulations can be accessed from: http://www.opsi.gov.uk/si/si2007/20071817.htm Source: www.defra.gov.uk (accessed 09/07/07)

     

    ISSUE : July 2007

    Landfill Regulations Amendment for Northern Ireland

    The Landfill (Amendment No.2) Regulations (Northern Ireland) 2007 (Statutory Rule 2007 No.258) were made 24th April and enter into force on 4th June 2007. The Regulations amend the Landfill Regulations (Northern Ireland) 2003 (‘the 2003 Regulations’) and the Waste Management Licensing Regulations (Northern Ireland) 2003. The main amendments to the 2003 Regulations re-enact, with amendments, the waste acceptance criteria to be met by granular waste and set new waste acceptance criteria for monolithic waste, both in respect of stable non-reactive waste and non-hazardous waste deposited in the same cell with such waste (regulation 10) and waste acceptable at landfills for hazardous waste (regulation 11). Regulations 12 and 13 make provision for the sampling and testing of those wastes. The Regulations set the limit value for waste acceptable at landfills for inert waste in respect of polycyclic aromatic hydrocarbons (regulations 7 and 8 ).

    The full text of the amendment is available from: http://www.opsi.gov.uk/sr/sr2007/20070258.htm Source: www.opsi.gov.uk (accessed 03/05/07)

     

    ISSUE : June 2007

    Proposed amendments to Ozone-Depleting Substances legislation

    A consultation began on 18 May 2007 on proposals to amend The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 (SI 2002 No 528) and The Ozone-Depleting Substances (Qualifications) Regulations 2006 (SI 2006 No 1510). The ozone layer protects all living things from harmful radiation from the sun. The Montreal Protocol is an international agreement that has led to successive cuts in production and consumption of ozone-depleting substances. EC ozone legislation gives effect to these requirements and in some ways goes beyond those international requirements. SI 2002 No 528 created offences and penalties for failure to comply with the EC legislation and provided enforcement powers.

    The proposed amending Regulations are intended to:

    - Set requirements for persons intending to fumigate with methyl bromide for quarantine or pre-shipment purposes to obtain prior authorisation from port health authorities and local authorities;

     - amend the powers currently provided for enforcement of the obligations in EC Regulation 2037/2000 on substances that deplete the ozone layer so as to provide additional enforcement powers for the Environment Agency, the Scottish Environment Protection Agency and local authorities and to remove references to any functions to be exercised by the Health and Safety Executive;

    - apply the relevant provisions of the amended SI 2002/528 to offshore oil and gas installations;

     - Set new offences and penalties in relation to failure to supply information/records about halon exports and production/use of bromochloromethane in breach of EU/international bans;

    - provide powers for the Secretary of State to require persons to dispose of improper exports of a controlled substance, a product or equipment and for it to be an offence for failure to do so.

    These Regulations will be applicable to England, Scotland, and Wales (including offshore oil and gas installations which fall within the remit of the Department of Trade and Industry (DTI)) and in relation to importation, in Northern Ireland. Separate Regulations will be issued by the Department of the Environment in Northern Ireland. The proposed amendment to the Ozone Depleting Substances (Qualifications) 2006 makes a minor addition in relation to fire protection qualifications. This consultation closes on 14 August 2007.

    Further information, including the full consultation document and draft statutory instruments, is available from: http://www.defra.gov.uk/corporate/consult/ozone/index.htm Source: www.defra.gov.uk (accessed 08/06/07)

     

    ISSUE : June 2007

    Consultation on Sustainable Products Policy Brief, Energy in Use: Consumer Electronics

    This consultation follows the publication of the Energy White Paper of 23rd May 2007. The wide range of measures set out in the White Paper take forward our commitment to meeting the two long-term energy challenges. They are: - Tackling climate change by reducing carbon dioxide emissions both within the UK and abroad; and - Ensuring secure, clean and affordable energy as we become increasingly dependent on imported fuel. This consultation will further help to formulate long-term energy policy and forms part of the Government’s Market Transformation Programme?. Other consultations will take place later in the year. Comments are invited by 17 August 2007.

    For further information, visit: http://www.mtprog.com/Whitepaper.aspx Source: www.defra.gov.uk (accessed 08/06/07)

     

    ISSUE : June 2007

    Air Quality Standards Regulations for Wales

    The Air Quality Standards (Wales) Regulations 2007(SI2007/717 and W.63) came into force 15th March and implement, in Wales, various European Directives relating to air quality. The Regulations require the attainment of air quality standards in respect of the concentration of various pollutants in ambient air (equivalent air quality regulations covering England came into force in February - see In Touch for February 2007). The National Assembly for Wales is required to divide Wales into zones within which the necessary air quality management and assessment takes place. Limit values are imposed for "Group A" pollutants (benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10) and sulphur dioxide). Target values are imposed for "Group B" pollutants (the content of arsenic, benzo(a)pyrene, cadmium and nickel, or their compounds, within the PM10 fraction), and target values and long-term objectives are imposed for ozone.

    The National Assembly is required to take measures to ensure attainment of the relevant standards. In relation to benzene or nitrogen dioxide, where concentrations exceed the limit value plus the margin of tolerance specified, the National Assembly is required to prepare and implement an improvement plan. The National Assembly is also required to prepare and implement an improvement plan in cases where concentrations of ozone exceed the target value unless the National Assembly considers that the target value would not be attainable through proportionate measures. Measures are also required where concentrations of Group B pollutants exceed the relevant target value or in cases where concentrations of ozone comply with the target value but exceed a long-term objective. The National Assembly is required to prepare and implement action plans which indicate the measures to be taken in cases where there is a risk that any limit value or the alert thresholds for nitrogen dioxide and sulphur dioxide will be exceeded. The National Assembly is also required to consider the preparation of action plans where there is a risk that the alert threshold for ozone will be exceeded.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/legislation/wales/wsi2007/20070717e.htm

    Source: www.opsi.gov.uk (accessed 03/04/07)

     

    ISSUE : May 2007

    New Packaging Waste Regulations Issued

    The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007 No. 871) entered into force on 16th March and replace the Producer Responsibility Obligations (Packaging Waste) Regulations 2005. The qualifying criteria remain unchanged at £2million turnover and 50 tonnes of packaging handled per year. Also the recycling and recovery targets for 2006 - 2010 detailed in Schedule 2 are unchanged. Revisions include:

    • Provision for submitting documents and maintaining registers in electronic form;
    • An increase in the registration fee charged by EA/SEPA from £768 to £776. (The fee for small producers is unchanged at £562);
    • Further detail on group registrations and registering a subsidiary company of a group (paragraph 6 of Schedule 8.
    • Part X revokes the 2005 regulations.

    The full text is available at: http://www.opsi.gov.uk/si/si2007/20070871.htm

    Source: www.opsi.gov.uk (accessed 03/04/07)

     

    ISSUE : May 2007

    Regulations on Dangerous Chemicals come into force

    The Health and Safety Executive has issued a reminder that the new Construction (Design and Management) Regulations came into force on 6th April, as reported in the March edition of In Touch. Visit www.hse.gov.uk/construction/cdm.htm for further information. Source: www.hse.gov.uk (accessed 03/04/07)

    To learn more about the New CDM Regulations visit our website or call a member of our team on 01565 724200.

     

    ISSUE : May 2007

    Consultation on Site Waste Management Plans for the Construction Industry

    Each year, of the 400 million tonnes of solid materials used in the construction industry, only two-thirds is added to the building stock - the rest is consigned to landfill. Also, an increasing amount of construction waste is illegally dumped or fly-tipped. As waste controls tighten there is an increased risk of companies inadvertently employing illegal waste operatives. Powers were included in the Clean Neighbourhoods and Environment Act 2005 for regulations requiring a site waste management plan (SWMP) for works involving construction or demolition waste. Following the voluntary code of practice launched by DTI in 2004, Defra has developed proposals for compulsory site waste management plans in England. (A similar consultation is expected in Wales later in the year.) SWMPs aim both to reduce fly-tipping and to promote the potential resource savings from minimising waste. The consultation package includes an explanation of the proposals, a partial regulatory impact assessment and draft regulations. Views are invited from all those with an interest in the construction industry and protecting the environment from waste crime. The closing date for responses is 9 July 2007.

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

    Source: www.defra.gov.uk (accessed 03/04/07) For more information on our waste management course visit our website or call one of our advisors on 01565 724200.

     

    ISSUE : May 2007

    Amendment to Waste Management Licensing Exemptions for certain Agricultural Wastes

    The Waste Management (Miscellaneous Provisions) (England and Wales) Regulations 2007 (SI 2007 No. 1156) were laid before Parliament on 4th April and entered into force on 2nd May. These Regulations amend certain exemptions under the Waste Management Licensing Regulations 1994 ("the 1994 Regulations") that apply to agricultural activities. These include: 1. Amendment to paragraph 47(1)(g) of Schedule 3 to the 1994 Regulations such that under this exemption an application of liquid milk to land may only be made once a month. 2. Regulation 4 amends paragraph 48 of Schedule 3 to the 1994 Regulations so that under this exemption any application of plant tissue to land must be made in accordance with any conditions that may have been imposed by a notice served under either the Plant Health (England) Order 2005 or the Plant Health (Wales) Order 2006. 3. Regulation 5 inserts new paragraphs into Schedule 3 to the 1994 Regulations to provide for exemptions from waste management licensing for activities involving the disposal of pesticide solution into a lined biobed and treatment of the land with the biobed itself, the treatment of land with ash from the incineration of pig or poultry carcases and the treatment of land with dredging spoil from farm ditches. 4. The amending Regulations also remove an exemption for the emission of dark smoke caused by the open burning of containers lightly contaminated with pesticides, previously permissible under the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969. The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20071156.htm Source: www.opsi.gov.uk (accessed 03/05/07)

    For further details of our Waste Managment course please visit our website www.jpd.co.uk

     

    ISSUE : May 2007

    WEEE Regulations – Reminder to Businesses

    The results of an Environment Agency survey have shown that over 3000 businesses have signed-up with one of 37 approved WEEE compliance schemes. This was required by 15th March 2007 under the WEEE Regulations 2006 (reported in the January edition of In Touch). The Agency is urging those businesses that produce, re-brand or import electrical or electronic equipment (EEE?) to sign-up to such a scheme, stating that signing up late is better than leaving it altogether. Unregistered producers will have committed an offence under the WEEE Regulations, and risk prosecution. Further information is available from: http://www.environment-agency.gov.uk A full list of approved compliance schemes available from: http://www.environment-agency.gov.uk/commondata/acrobat/approved_schemes_1734809.pdf?lang=_e

    For further information on WEEE training courses visit our website at http://www.jpd.co.uk/courses/pr.htm

     

    ISSUE : May 2007

    Addition to Environmental Noise Regulations

    As reported in the November issue of In Touch, Environmental Noise Regulations came into force last year concerning the mapping and management of environmental noise. The Environmental Noise (Identification of Noise Sources) (England) Regulations 2007 (Statutory Instrument 2007 No. 415) were made on 13th February and enter into force on 19th March 2007. These Regulations are made pursuant to the duty in regulation 3(1) of the Environmental Noise (England) Regulations 2006 (S.I. 2006/2238) and identify the noise sources that must be mapped pursuant to the first paragraph of Article 7 of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (O.J. No. L 189, 18.07.2002, p. 12). These Regulations apply in England only. The locations identified for noise mapping are detailed in the new regulations, which can be accessed from: http://www.opsi.gov.uk/si/si2007/20070415.htm

    The noise maps themselves can be viewed on the following website: http://www.defra.gov.uk/environment/noise/ambient.htm. Source: www.opsi.gov.uk (accessed 05/03/07)

     

    ISSUE : April 2007

    New Water Management Legislation

    The Water Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2007 (SI 2007 No. 1021) brought into force on 1st April 2007 in England and Wales certain provisions of the Water Act 2003 ("the Act") and makes certain transitional provisions. This Order gives full effect to the provisions of Part 2 of the Act in relation to the new regulatory arrangements for the water industry and the new water supply licensing regime. This completes the implementation of Part 2 of the Act. The provisions of Part 3 of the Act brought into force by this Order require water undertakers to prepare and maintain water resources management plans. They also make provision for schemes for the adoption of sewers, lateral drains and sewage disposal works. The Water Resources Management Plan Regulations 2007 (SI 2007/727) cover England and Wales and entered into force on 1st April 2007. They prescribe how water undertakers are to prepare and publish water resources management plans. The obligation for water undertakers to prepare and maintain a water resources management plan arises under section 37A(1) of the Water Industry Act 1991 (inserted by section 62 of the Water Act 2003). Regulation 2 prescribes the method of publication of a draft water resources management plan and the persons to whom it and the accompanying statement must be copied. Regulation 4 prescribes how water undertakers are to deal with representations received in relation to a draft water resources management plan. Regulation 5 provides that an inquiry or other hearing may be held in connection with a draft water resources management plan. Regulation 6 prescribes the method of publication of the water undertaker's completed water resources management plan.

    The full text of the Commencement Order is available from: http://www.opsi.gov.uk/si/si2007/20071021.htm, while the Water Resources Management Plan Regulations are available from the OPSI website at: http://www.opsi.gov.uk/si/si2007/20070727.htm Source: www.opsi.gov.uk (accessed 03/04/07)

     

    ISSUE : April 2007

    New Air Quality Regulations

    The Air Quality Standards Regulations 2007 (SI 2007 No.64) were laid before Parliament on 18 January 2007, and enter into force on 15th February 2007. These Regulations replace the Air Quality Limit Values Regulations 2003 (S.I. 2003/2121 amended by S.I. 2004/2888). These Regulations apply in England, with the exception of regulation 29 (transboundary pollution) which applies throughout the United Kingdom as does regulation 32(1)(a) (for the purpose of the revocation of the Air Quality Limit Values Regulations 2003).

    Key points of the Regulations are detailed below.

    - Part 2 of the Regulations requires the attainment of air quality standards in respect of the concentration of various pollutants in ambient air.
    - Limit values are imposed for "Group A" pollutants (benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, particulate matter (PM10) and sulphur dioxide).
    - Target values are imposed for "Group B" pollutants (the content of arsenic, benzo(a)pyrene, cadmium and nickel, and their compounds, within the PM10 fraction).
    - Target values and long-term objectives are imposed for ozone (all these values are detailed in Schedule 1).
    - Chapter 2 of Part 2 sets out the measures the Secretary of State is required to take in order to ensure attainment of the relevant standards including improvement plans relating to benzene, nitrogen dioxide, sulphur dioxide and ozone.
    - Part 3 requires the Secretary of State to measure or monitor PM2.5, ozone precursor substances, polycyclic aromatic hydrocarbons and mercury.
    - Part 4 includes requirements for information to be made available to the public, such as an annual report for ozone and progress towards achieving action and improvement plans.
    - Part 5 imposes requirements in relation to transboundary pollution involving Group A pollutants and ozone.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20070064.htm Source: www.opsi.gov.uk (accessed 06/02/07)

     

    ISSUE : March 2007

    New Regulations for Sulphur Content in Liquid Fuels

    The Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007 (SI 2007 No.79) were laid before Parliament on 22nd January 2007 and enter into force on 16th February 2007. These Regulations implement, in England and Wales, matters concerning heavy fuel oil (except marine fuels) contained in Council Directive 1999/32/EC (OJ L 121, 11.5.1999, p.13 as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p.1)) relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC as amended by Directive 2005/33/EC (OJ L 191, 22.7.2005, p.59) of the European Parliament and of the Council as regards the sulphur content of marine fuels.

    Key points include:
    - Regulation 4 provides, subject to exceptions, that no person shall use any heavy fuel oil which has a sulphur content exceeding 1 per cent by mass.
    - Regulation 5 provides that no person shall use gas oil with a sulphur content exceeding 0.2 percent by mass and, on or after 1st January 2008, with a sulphur content exceeding 0.1 percent by mass.
    - Regulation 6 provides that the Secretary of State shall take all necessary measures to ensure that sampling of heavy fuel oil and gas oil is carried out. The Secretary of State must also check that the use of those fuels complies with the restrictions in regulations 4 and 5.
    - Regulation 7 provides that it is an offence to contravene the restrictions on heavy fuel oil and gas oil in regulations 4 and 5.
    - Under regulation 8, the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000 (S.I 2000/1460) are revoked with a saving in respect of applications for permissions submitted under those Regulations.
    - Schedule 1 provides for a local authority to grant permits to enable an operator of a combustion plant (who would not otherwise require a permit to operate the plant) to be exempt from the restriction on the use of heavy fuel oil in regulation 4.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20070079.htm Source: www.opsi.gov.uk (accessed 05/02/07)

     

    ISSUE : March 2007

    Water and Abstraction Regulations issued for Northern Ireland

    The Water Abstraction & Impoundment (Licensing) Regulations (Northern Ireland) 2006 were made on 27th November 2006 and came into operation on 1st February 2007. The introduction of this legislation will fulfil Northern Ireland’s obligation to the European Commission under the Habitats and Water Framework Directives and will establish a water resource management, assessment and licensing regime. These Regulations aim to provide a single and consistent environmental risk based approach that covers all abstractions and impoundment operations. These powers will help protect our water environment including protected species and dependent ecosystems and will help deliver efficient and sustainable water usage in Northern Ireland.

    The full text of the Statutory Rule is available from the OPSI website at: http://www.opsi.gov.uk/sr/sr2006/20060482.htm Source: www.ehsni.gov.uk (accessed 05/02/07)

     

    ISSUE : March 2007

    Waste Management Licensing Exemption for WEEE Recovery Activities

    The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations (SI 2006, No.3315) were laid before Parliament on 15th December 2006 and came into effect on 5th January 2007. The Regulations amend the Waste Management Licensing Regulations 1994. They provide for exemptions from permit requirements for treatment of waste electrical and electronic equipment ("WEEE"), together with exemptions from the permit requirements of Council Directive 2006/12/EC on waste (OJ No. L114, 27.4.2006, p.9) for the purposes of storing WEEE. Regulation 3 and Schedule 1 amend the Waste Management Licensing Regulations 1994 for the purposes of providing new exemptions for the treatment and for the storage of WEEE, amending existing exemptions and making other amendments to the Regulations. Regulation 4 and Schedule 2 set out the transitional arrangements for existing licence holders and establishments and undertakings that have extant registrations.

    The following exemption is inserted: The carrying on, at any secure place in respect of WEEE of a kind described in Table 5A [of Schedule 1], of the treatment activities of repair or refurbishment or both if (a) the activity is carried on with a view to the reuse of the WEEE for its original purpose; (b) best available treatment, recovery and recycling techniques are used when carrying out the activity; (c) the total quantity of any particular kind of WEEE so dealt with at that place does not exceed the treatment limit specified in relation to that kind of WEEE in Table 5A; (d) the technical requirements specified in Annex III of the WEEE Directive are met.?

    The full text of the amending Regulations can be accessed from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20063315.htm Source: www.opsi.gov.uk (accessed 02/01/07) To learn more about WEEE and Waste Management visit our website or call our team on 0870 438 2573

     

    ISSUE : February 2007

    Consultation on Proposed Water Framework Daughter Directive on Priority Substances

    DEFRA is inviting views on the proposed Water Framework Directive daughter directive on Priority Substances and Partial Regulatory Impact Assessment. In July 2006, the European Commission published a proposal for a new Water Framework Directive daughter directive on priority substances. The proposal concerns the list of Priority Substances which was adopted (Decision No 2455/2001/EC) by the European Parliament and Council in 2001 and which comprises 33 persistent, bio-accumulative and toxic substances. The current proposal has the following elements: - Setting environmental quality standards (EQSs) in water for Priority Substances. This includes an annual average concentration for all substances and a maximum allowed concentration for most substances. - An obligation on member states to ensure that concentrations of Priority Substances do not increase in sediment and biota. - Biota standards for 3 substances (with an option for member states to develop more stringent water standards as an alternative). - Allowing member states to designate 'Transitional Areas of Exceedance’ where EQSs can be exceeded without prejudicing a water body’s ability to achieve ‘good status’ under the Water Framework Directive.

    - Requiring member states to draw up inventories of emissions, discharges and losses of Priority Substances.
    - Consequential amendments to, and repeal of, existing directives.

    A partial Regulatory Impact Assessment (RIA) of the proposal has been completed, which indicates the potential for significant implementation and compliance costs. The evidence of the current partial RIA is that there is the potential for significant additional costs in meeting some of the EQSs, and other obligations, such that these costs may not be proportionate to the environmental protection required or the benefits to be gained. For this reason, DEFRA is particularly interested in views as to whether current treatments or controls are likely to suffice, or whether additional treatments and controls would be needed and on the costs which might be generated. Responses should be received by 16 March 2007.

    Further information is available from the Defra website at: http://www.defra.gov.uk/corporate/consult/wfd-prioritylist/index.htm Source: www.defra.gov.uk (accessed 02/01/07)

     

    ISSUE : February 2007

    Consultation on a Code of Best Practice for Carbon Offsetting

    Defra launched a consultation on establishing a Code of Best Practice for the provision of carbon offsetting to UK customers on 18 January 2007. The Code is designed to give consumers clarity and confidence when they choose to offset. It proposes that the most suitable carbon credits for offsetting are those from the regulated market because they are robust and verifiable. While the first steps in tackling climate change should always be to avoid and reduce carbon emissions, a further option for consideration is offsetting. For consumers to be able to do this, the Government believes it would be helpful to establish a Code of Best Practice with a logo for accredited offset products so that consumers can offset with confidence.

    The Code contains the following elements: - Robust and verifiable emission reduction credits from the compliance market; - Accurate calculation of emissions to be offset; - Clear information for consumers regarding the mechanism and/or projects supported; - Transparent pricing; - Timescales for cancelling credits, and - Where offered by a company with other goods and services, those companies will offer a ‘compulsory choice’ for the consumer to offset. Further information on this consultation is available from the Defra website at: http://www.defra.gov.uk/corporate/consult/carbonoffsetting-cop/consultation.pdf

    The closing date for responses is 13 April 2007. Source: www.defra.gov.uk (accessed 05/02/07)

     

    ISSUE : February 2007

    Third Consultation on streamlined permitting system

    Defra has launched the Third Environmental Permitting Programme Consultation on guidance for a streamlined environmental permitting and compliance system. The first and second consultations were previously reported in the February 2006 and October 2006 issues of In Touch. The Environmental Permitting Programme (EPP) is a Better Regulation? initiative designed to reduce costs for business and regulators by cutting red tape, without changing levels of protection for the environment and human health. Defra aims to do this by streamlining and simplifying environmental permitting and compliance systems. Environmental Permitting Guidance will be replacing existing lengthy guidance for the waste management licence (WML) and pollution prevention and control (PPC) systems with an easy-to-read, concise piece of guidance.

    It will be a simple, single reference point explaining how the new, streamlined Environmental Permitting Regulations work and, where possible, how they will be implemented. This consultation package may be of interest to anyone who uses or has an interest in existing guidance for the WML and PPC systems. In particular: - operators of facilities with waste management licences or exemptions; and/or of facilities with Pollution Prevention and Control permits; - regulators of the above facilities (the Environment Agency and Local Authorities); and - others with an interest in environmental permitting and compliance systems

    Further information is available from: www.defra.gov.uk/environment/epp. The deadline for receipt of comments is 11 April 2007. Source: www.defra.gov.uk (accessed 05/02/07)

     

    ISSUE : February 2007

    Planning Bill

    On 28.11.07 the government issued the Planning Reform Bill. The Bill would implement proposals in the May 2007 Planning White Paper to streamline and improve the planning regime, including introducing a single consents regime for major infrastructure projects, establishing an Independent Infrastructure Planning Commission, and further measures to improve the Town and Country Planning System. The Bill is covering the following issues:

  • More timely and predictable decisions on infrastructure projects which are key to economic growth, international competitiveness, tackling climate change, energy security and improving quality of life;
  • More transparent decisions with improved opportunities for public engagement; Clearer national infrastructure policy and better developed infrastructure projects;
  • Ministerial involvement in infrastructure planning at the strategic stage rather than in individual decisions;
  • Deregulated local plan making, strengthening the local government place-making role and creating a more efficient appeals process with quicker decisions.
  • Establishing an infrastructure planning commission, its powers and functions; Establishing a single consent regime for nationally significant infrastructure and a streamlined process for considering applications;
  • Statutory requirements on content and consultation on national infrastructure policy statements; Statutory requirement for developers of infrastructure to consult affected people and communities before submitting applications;
  • Changes to process for local development plan documents and establishing arrangements for local authorities to decide appeals on minor planning applications. The full text of the Bill can be accessed from: http://www.publications.parliament.uk/pa/cm200708/cmbills/011/08011.i-v.html
  • The full text of the Planning Bill - Impact Assessment is available from: http://www.communities.gov.uk/documents/planningandbuilding/pdf/561912 Source: www.publications.parliament.uk and www.communities.gov.uk (accessed 03/12/07)
  •  

    ISSUE : December 2007

    Consultation on significant water management issues in the Scotland and the Solway Tweed river basin districts

    The Water Framework Directive established new and better ways of protecting and improving water environment, with the overall objective of achieving co-ordinated and integrated water management across Europe. One of the Directive’s requirements is the publication of an interim overview of the significant water management issues in each river basin district. This overview builds on the work described in our earlier characterisation report and is an intermediate step in the preparation of the river basin management plan for Scotland. This consultation document provides you with an opportunity to contribute to the river basin planning process in the Scotland river basin district. It seeks your views and opinions on the significant water management issues for the river basin district. A similar document prepared with the Environment Agency is available for the Solway Tweed river basin district. The main focus of this report is the identification of the significant water management issues that SEPA think puts their ability to achieve the environmental objectives of the Water Framework Directive most at risk. The most common problems affecting aquatic environments are pollution, abstraction and modifications to the physical habitat. However it is also important to consider the increasing pressure from the presence of invasive alien species. Both consultations will close on Tuesday, 8 April 2008.

     Further information about the Scotland river basin district is available from: http://www.sepa.org.uk

     

    ISSUE : December 2007

    Consultation on recycled flat glass

    On 6 November the Environment Agency and Waste & Resources Action Programme (WRAP) launched a 12 week consultation to make it easier to recycle the 6.6 million domestic windows that are replaced every year, into products such as filtration media and new windows. Over 700,000 tonnes of waste flat glass are created each year of which only 200,000 tonnes are recycled. This consultation proposes creating new business opportunities for companies that market and sell-on processed flat glass by cutting red tape and allowing them to get rid of the ‘waste’ tag, and certain licences and permits making it a more attractive product to buyers. The consultation will close on Tuesday, 29 January 2008.

    Further information about the consultation is available from: http://qpyr1.dialoguebydesign.net/bgo/documents.asp Source: www.environment-agency.gov.uk (accessed 03/12/07)

     

    ISSUE : December 2007

    Consultation on revised charging scheme for local authority pollution

    The Environmental Protection Act 1990 Part I and Pollution Prevention and Control Act 1999 provide for the setting of fees and charges for Local Air Pollution Control (LAPC), Local Air - Integrated Pollution Prevention and Control (LA-IPPC), and Local Air Pollution Prevention and Control (LAPPC) at levels that will recover costs of local authorities of implementing the system. This consultation relates to the LAPC, LAPPC and LA-IPPC fees and charges in England. The Welsh Assembly Government will be consulting separately on these charges. It is proposed that the current levels for all PPC application and subsistence charges should be increased by 3%, plus adjustments relating to the risk band?, for example, the subsistence charge for a low risk Part B activity will be £706, compared to a high risk Part B charge of £1581. A complete listing of all the proposed revised charges is included at Annex 3 of the consultation document. In addition, a one-off additional fee of £55 for each risk assessed facility and £14 for each reduced fee activity to cover the transitional costs of transferring from PPC to EPR. It is likely that the proposed new Environmental Permitting Regulations will be implemented in April 2008. This consultation closes on Friday, 4 January 2008.

    The consultation document is available for download at: http://www.defra.gov.uk/corporate/consult/localauth-plantfees08-09/consultation.pdf Source: www.defra.gov.uk (accessed 10/10/07)

     

    ISSUE : November 2007

    Consultation on a draft second edition of IPPC SG6 for A2 activities in the Solvents sector

    This is the final consultation of Sector Guidance Note (SG) 6 for A2 activities in the organic solvents sector on the fifth of the so-called '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. This consultation has been issued to members of all the technical working groups for LA-IPPC sectors. The revised guidance will be issued under regulation 37 of the Pollution Prevention and Control (England and Wales) Regulations 2000. It will also serve as statutory guidance under the forthcoming Environmental Permitting Regulations. Defra and the Welsh Assembly Government are carrying out this consultation exercise jointly. The closing date to this consultation is 5 November 2007.

     Further information is available from: http://www.defra.gov.uk/corporate/consult/sgnote-solvents/index.htm Source: www.defra.gov.uk (accessed 10/10/07)

     

    ISSUE : November 2007

    New EIA Regulations for certain agricultural projects in Northern Ireland

    The Environmental Impact Assessment (Agriculture) (Northern Ireland) Regulations 2007 (Statutory Rule 2007 No.421) were made on 2nd October and enter into force on 5th November 2007. These Regulations implement Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC (O.J. No. L156, 25.6.03, p. 17)) ("the EIA Directive") in relation to two types of project: - projects for the restructuring of rural land holdings - projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes. The Regulations also implement Council Directive 1992/43/EEC (O.J. No. L206, 22.7.1992, p. 7) on the conservation of natural habitats and of wild flora and fauna ("the Habitats Directive") insofar as those projects affect sites protected by that Directive. Key requirements include: - A prohibition on beginning or carrying out certain uncultivated land projects or restructuring projects unless a screening decision has been obtained from the Department of Environment Northern Ireland (DoENI), allowing the project to go ahead. - The thresholds above which an EIA may be required are detailed in Schedule 1 (relating to the area of land subject to the proposed development). - Schedule 2 defines the selection criteria for a screening notice or a screening decision, including the characteristics, location and environmental impact of project. - "Screening notices" allow DoENI to remove the application thresholds from areas of land. - An application for a screening decision must contain certain information as defined in regulation 7.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/sr/sr2007/20070421.htm Source: www.opsi.gov.uk (accessed 10/10/07)

     

    ISSUE : November 2007

    New EIA Regulations for certain agricultural projects in Wales

    The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (SI No. 2933 & W.253) were made on 8th October and entered into force on 31st October. These Regulations essentially mirror those published in Northern Ireland on 01/10/07 (see October edition of In Touch) and relate to the requirements for environmental assessment of two types of agricultural project: - the restructuring of rural land holdings - the use of uncultivated land and semi-natural areas for intensive agricultural purposes. The Regulations prohibit any person from beginning or carrying out uncultivated land projects or restructuring projects unless a screening decision has been obtained (i.e. a decision on whether the project is likely to have significant effects on the environment). A restructuring project may proceed if it falls below the applicable threshold. Regulation 5 and Schedule 1 set out how to calculate the appropriate threshold for a restructuring project.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/legislation/wales/wsi2007/20072933e.htm Source: www.opsi.gov.uk (accessed 02/11/07)

     

    ISSUE : November 2007

    Consultation on recycling targets for packaging for 2008 and beyond

    This consultation paper is presented jointly by Defra, the Scottish Government and the Welsh Assembly Government. It discusses the overall recovery targets, overall recycling and material-specific recycling targets for packaging waste. It reviews the existing UK targets for 2008 to assess whether they will deliver the targets in the EC Directive on Packaging and Packaging Waste that the UK has to meet by 31 December 2008. It also reviews the existing targets in place for 2009 and 2010 and proposes new targets up to 2012. The proposals in this consultation are expected to be of interest to: - Packaging producers, as defined in the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. - Compliance schemes - Waste management companies, especially material re-processors and exporters, Waste disposal and Waste collection authorities, any research institutions, groups or individuals with a particular interest in packaging waste The consultation document includes: Chapter 1 - background to the changes in the data. Chapter 2 - details the proposed changes for 2008-2010 and sets out the scenarios under consideration, and the resulting policy options. Chapter 3 - proposed targets beyond 2008, following the historical year-on-year increases agreed with industry to allow the recycling markets and supporting infrastructure to develop at a steady rate The consultation will close on Friday, 30 November 2007.

    Further information is available from: http://www.defra.gov.uk/corporate/consult/packaging-reg07/index.htm Source: www.defra.gov.uk (accessed 02/11/07)

     

    ISSUE : November 2007

    Consultation on the Review of the Home Energy Conservation Act 1995

    The Department of Environment, Food and Rural Affairs (Defra) has launched a consultation seeking views on the forthcoming revision to the Home Energy Conservation Act 1995 (HECA). The HECA places a duty on all Energy Conservation Authorities (ECAs) to produce improvement plans aimed at achieving a voluntary 30% energy efficiency improvement within ten to fifteen years i.e. by 2006 or 2011. It applies across the UK, but each of the Devolved Administrations manages the reporting requirements separately. This consultation applies to the review of HECA carried out for England only. The consultation document from DEFRA states that the average household could avoid emissions of around 0.5 tonnes of carbon a year, save energy and lower energy bills by becoming more energy efficient, and that working with households to save energy is therefore a key part of the UK’s climate and energy strategy. In the period 1 April 1996 to 31 March 2006, English authorities have reported an overall improvement in domestic energy efficiency of all housing in their area of approximately 19.26%, as measured against a 1996 baseline. Defra has undertaken a review of HECA, as implemented in England, to assess its continued success in delivering improvements in energy efficiency in the household sector over the past ten years. The Review also considers options for the future of HECA. Defra is seeking responses to the following questions: 1. What has been your experience of the success of HECA in meeting its objectives? 2. Do you think HECA promotes the Government’s domestic energy efficiency objectives in an effective and proportionate manner? 3. Do you support the findings of the HECA Review? Is there any additional information that we should consider? 4. Which of the options outlined in Section 6 [of the consultation document], and in the accompanying Impact Assessment, on the future role of HECA do you support? The closing date for receipt of responses is 3rd January 2008.

    Further information is available from: http://www.defra.gov.uk/corporate/consult/heca/index.htm Source: www.defra.gov.uk (accessed 02/11/07)

     

    ISSUE : November 2007

    Consultation on UK report regarding plans to meet EU air quality limit values

    DEFRA has issued a consultation requesting comments from interested parties on the UK Government and Devolved Administrations’ draft report to the European Commission on plans and programmes to meet EU ambient air quality limit values (for the 2005 reporting year). Under the Air Quality Framework Directive (1996/62/EC), where limit values are exceeded, a member state must produce plans and programmes to ensure compliance within the required timescale. Plans and programmes must be submitted to the European Commission no later than two years after the end of the year during which the exceedences were observed. The consultation document concerns exceedences of EU limit values, plus margins of tolerance where applicable, for sulphur dioxide, nitrogen dioxide, and particulate matter in certain zones and agglomerations of the UK in the calendar year 2005. The relevant limit values for these pollutants are established by the First Air Quality Daughter Directive (1999/30/EC). The plans and programmes included in the report represent existing Government polices for meeting the relevant EU air quality limit values. The plans are drawn in particular from the recently revised UK Air Quality Strategy. The comments received during the consultation will be considered in finalising the report for submission to the European Commission by the end of 2007. Responses should be received by 7 November 2007

    Further information is available from: http://www.defra.gov.uk/corporate/consult/air-limitvalues2005/index.htm Source: www.defra.gov.uk (accessed 03/09/07)

     

    ISSUE : October 2007

    Consultation on 'Recycle on the Go'

    This consultation paper is issued by DEFRA, in association with Encams and Recycle Now. It proposes a voluntary code of practice and an associated good practice guide which are intended to help stimulate the provision of recycling bins in public places, and to facilitate good practice. The measures contained in the consultation paper apply to England, and are voluntary. The paper is principally concerned with how litter is collected for disposal or recycling in places that the public have access. The consultation underpins a commitment to public place recycling made in the Waste Strategy for England 2007. The consultation paper seeks views on the proposed voluntary code of practice and the associated good practice guide. It is aimed primarily at local authorities and waste receptacle manufacturers. The consultation closes on Friday, 2 November 2007. Further details are available from the DEFRA website at: http://www.defra.gov.uk/corporate/consult/recyclebins/index.htm Source: www.defra.gov.uk (accessed 03/09/07) Trying to manage your waste? Our 1 day Waste Management course provides details of waste disposal, legislation and how to minimise your waste.

    For further details either see our website or contact a friendly member of our team on 01565 724200.

     

    ISSUE : October 2007

    New sections on SEPA website

    Scottish Environmental Protection Agency (SEPA) have updated their website to include sections on Climate Change and Transfrontier Shipment of Waste. The climate change section includes what SEPA is doing with regards Climate Change. The Transfrontier Shipment of Waste includes reference to the new rules introduced on import/export of wastes as described In- Touch in August and links to Council Regulation 1031/2006 (Waste Shipments Regulations), Transfrontier Shipment of Waste Regulations 2007 and other Guidance.

    For further information see website:- www.sepa.gov.uk Source: www.sepa.gov.uk (accessed 03/09/07)

     

    ISSUE : October 2007

    Consultation on Energy End-Use Efficiency and Energy Services Directive

    As announced in the Energy White Paper, new policy measures may be needed on the implementation of the Energy Services Directive (Directive 2006/32/EC). This initial consultation seeks evidence and views on options for implementing the requirements of the Directive to enhance the cost effective improvement of energy end use efficiency. Department for Business, Enterprise & Regulatory Reform (BERR) is carrying out a separate, parallel consultation on energy billing and metering, which deals with compliance with Article 13 of the Energy Services Directive in relation to natural gas, electricity and heat supplies. Member States have until 17 May 2008 to implement the Directive fully. The purpose of the Directive is to enhance the cost effective improvement of energy end use efficiency in member States. The Directive covers all fuel types (except aviation and marine bunker fuels), and final customers except undertakings within the EU emissions trading scheme. As the UK has a relatively advanced policy framework for addressing energy efficiency, implementation of the Directive involves assessing how far existing UK arrangements meet its requirements, and identifying suitable policies to fill compliance gaps. The closing date for responses to this consultation is 26 October 2007.

    Further information is available in the consultation document, available at: http://www.defra.gov.uk/corporate/consult/energyservices/consultation.pdf Source: www.defra.gov.uk (accessed 03/09/07)

     

    ISSUE : October 2007

    European Commission Consultation on Sustainable Consumption and Production and Sustainable Industrial Policy

    The European Commission has launched a public consultation on actions the European Union could undertake to meet the challenges of Sustainable Consumption and Production and a Sustainable Industrial Policy. The aim of the internet-based consultation is to gather input from the public and stakeholders to help the Commission prepare Action Plans to address these challenges. Putting consumption and production onto a sustainable path is a major global challenge that will require considerable technological innovation. Current patterns of consumption and production are leading to the rapid depletion or exhaustion of certain natural resources, such as oil reserves and fish stocks, as well as causing serious environmental degradation and pollution. The issue is a global one: several studies and assessments suggest that the current consumption and production already significantly exceeds what the planet can support in the long term. The Commission aims to address these problems and turn environmental challenges into economic opportunities for EU industry, thereby reducing greenhouse gas emissions and improving efficiency in use of energy and natural resources. By developing robust sustainable consumption and production policies, the EU can make an important contribution to sustainability worldwide since Europe is one of the biggest consumers at global level and products are traded globally. European standards to foster sustainable consumption and production will tend to become global benchmarks. The public consultation explores actions under five headings: Leveraging Innovation, Better Products, Leaner and Cleaner Production, Smarter Consumption and Global Markets. The Commission intends to focus its action on key environmental issues: climate change and the creation of a low-carbon economy; sustainable and efficient use of natural resources, energy and materials; and hazardous substances.

    The general public and stakeholders are invited to give their views on the actions discussed by filling out the questionnaire at the following address: http://ec.europa.eu

    The consultation will run until 23 September. Source: http://europa.eu

     

    ISSUE : October 2007

    Amendment to Regulations governing Water Supply Companies

    The Water Supply (Water Quality) Regulations 2000 (Amendment) Regulations 2007 (SI no.2734) were laid before Parliament on 18th September and enter into force on 22nd December 2007. These Regulations amend the Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184) ("the Principal Regulations"). The Principal Regulations implement Council Directive 98/83/EC on the quality of water intended for human consumption ("the Drinking Water Directive") (OJ No L330, 5.12.1998, p.32) in parts of England and Wales in relation to water supplies by water undertakers and licensed water suppliers, and make further provision about the supply of drinking water. The main changes are as follows; - a requirement that water must be of uniform quality within a water supply zone designated by a water undertaker. - new compliance requirements for water supplied in bottles during a breakdown in the piped supply system. - new risk assessment requirements in relation to water supplied from new sources - new requirements in relation to monitoring of drinking water abstraction points.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2007/20072734.htm Source: www.opsi.gov.uk (accessed 10/10/07)

     

    ISSUE : October 2007

    Amendment to Regulations governing emissions from buses and goods vehicles

    The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2007 (SI No. 2553) were made 1st September and enter into force on 1st October 2007. These Regulations amend Schedule 2 to the Road Vehicles (Registration and Licensing) Regulations 2002 ("the principal Regulations") which contains provisions regarding reduced pollution certificates and the reduced pollution requirements. Regulation 5 of the principal Regulations provides that the Secretary of State may require a reduced pollution certificate to be furnished before determining the rate of vehicle excise duty payable by an eligible vehicle. Eligible vehicles are those vehicles referred to in section 61B of the Vehicle Excise and Registration Act 1994 and include buses, goods vehicles and haulage vehicles and Schedule 2 to the principal Regulations provides for the issue of reduced pollution certificates to eligible vehicles which satisfy the reduced pollution requirements. If an eligible vehicle satisfies the reduced pollution requirements the rate of duty is lower than that for an eligible vehicle which does not satisfy those requirements. The Regulations amend the principal Regulations so as to: (a) prescribe the requirements relating to a vehicle's emissions which are to be satisfied by an eligible vehicle registered before 1st October 2009, in order for that vehicle to satisfy the reduced pollution requirements (regulations 5 and 7); and (b) provide that an authorised examiner may refuse to carry out a reduced pollution examination if a reduced pollution certificate has previously been issued in respect of the vehicle and the last certificate issued is not surrendered (regulation 4(a)); and

    The full text of the Regulations is available from http://www.opsi.gov.uk/si/si2007/20072553.htm

     

    ISSUE : October 2007

    Consultation on allocations for Phase II of EU ETS

    The UK submitted its National Allocation Plan (NAP) for Phase II of the EU Emissions Trading Scheme (EU ETS) to the European Commission on 21 August 2006. At that time, a list of installation level allocations was published for an eight-week consultation, where operators had an opportunity to comment on any errors that may have been contained in the data and the information used to calculate incumbent allocations. That consultation ended on 16 October 2006. There have been a number of changes to the allocations to correct errors. An explanation of the changes between this list and the one published in August 2006 can be found in a report on the first consultation, published by DEFRA. Operators should be aware that all allocations are likely to have changed to some extent. This is because all installations within a sector receive a share of the sector cap and if one installation’s allocation changes, it changes their share of the sector cap and therefore the allocation to all other installations within that sector. The purpose of this second checking period is to provide operators with a final opportunity to identify where errors remain in data and information used to calculate allocations. This is the last opportunity that operators will have to correct data. All comments and responses to the consultation should be submitted (preferably by email) by 12 January 2007. Further information is available from the DEFRA Website at: http://www.defra.gov.uk/corporate/consult/euets-phase2-install2/index.htm Source: www.defra.gov.uk (accessed 02/01/07)

    If you need help with your Environmental system or policies, call our team on 01565 724200 for an initial chat about our services.

     

    ISSUE : January 2007

    WEEE Regulations Now In Force

    The Waste Electrical and Electronic Equipment Regulations (SI 2006 No.3289) were laid before Parliament on 12th December 2006 and came into force on 2nd January 2007. The legislation affects producers (manufacturers and importers) and distributors (on-retailers and distance sellers) of electrical and electronic equipment (EEE). Producers of EEE must register to join a compliance scheme by 15th March 2007 which will provide a producer registration number and sets in motion an agreement to stamp all EEE products with the crossed out wheelie bin symbol by 1st April 2007. Full responsibility for treating and recycling household WEEE begins on 1 July 2007. Producers are financially responsible for the cost of dismantling and treating of WEEE for reuse or recycling to an equivalent amount of EEE that is produced. This must be done only at approved authorisation treatment facilities (AATF). Distributors are responsible for the acceptance of WEEE and have two options to ensure compliance; an in-store take-back service, or to join a collective take-back scheme managed by Valpak. The latter option will see retailers contribute a total of £10 million towards work to improve local authority civic amenity sites that have opted to become designated collection facilities (DCFs). Until the scheme is fully operational, the cost of treating EEE returned in-store and to DCFs will be shared among retailers according to market share. Following this, the producer registration number will provide an accurate interpretation of treatment and disposal costs for producers and distributors.

    Any businesses using EEE must comply with the new regulations, meaning you must store, collect, treat, recycle and dispose of WEEE separately from your other waste. Similar to Waste Transfer Notes, you must obtain and keep proof that your WEEE was given to a reputable waste management company and treated and disposed of in an environmentally sound way. Disposal is free if you were sold the equipment after 13th August 2005 or if you are replacing with equivalent EEE. This service will be delivered through the producer take-back scheme. You must pay for WEEE where you are discarding EEE purchased before 13th August 2005, or where you are not replacing EEE with an equivalent. Payment must also be made if you can not trace the producer or their compliance scheme, or if you choose to negotiate with producers to accept the cost of treating and disposing your WEEE. The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20063289.htm

    For an overview of the main requirements of the Regulations, visit: http://www.netregs.gov.uk/netregs/275207/1631119/?version=1&lang=_e&lang=_e Source: www.netregs.gov.uk (accessed 02/01/07) For details of JPD's one-day course on this subject visit our website or call our team on 0870 438 2573.

     

    ISSUE : January 2007

    Consultation on Persistent Organic Pollutants

    This consultation is being carried out by the Department of Environment, Food and Rural Affairs together with the Devolved Administrations for Scotland, Wales and Northern Ireland. Views are being sought on the draft UK National Implementation Plan (NIP) for the Stockholm Convention on POPs. This consultation also seeks views on the proposed Persistent Organic Pollutants Regulations 2007 which supplement Regulation (EC) 850/2004 of the European Parliament and of the Council on Persistent Organic Pollutants. The additional UK Regulations are required to set out certain provisions of the EC Regulation in domestic law.

    The deadline for receipt of responses is 19 March 2007. Further information is available from the DEFRA website at: http://www.defra.gov.uk/corporate/consult/organicpollutant-plan/index.htm Source: www.defra.gov.uk (accessed 02/01/07)

     

    ISSUE : January 2007

    Consultation on the Transfrontier Shipment of Waste Regulations

    DEFRA has undertaken reviews of the Transfrontier Shipment of Waste Regulations and the UK Management Plan for Exports and Imports of Waste, following changes to the EC Waste Shipments Regulation which will apply in July 2007. DEFRA has, with the agreement of the devolved administrations for Scotland, Wales and Northern Ireland, published a consultation paper on the reviews of the above legislation, which applies to shipments of waste into, out of and through the United Kingdom. The purpose of this consultation is to enable interested organisations to provide their views on revised Transfrontier Shipment of Waste Regulations (the TFS Regulations) and/or the revised UK Plan for Shipments of Waste (the UK Plan). The consultation may be of particular interest to those who notify shipments of waste to UK competent authorities, transport waste to or from the UK, prepare waste for shipment from the UK, and those who treat waste which has been shipped into the UK. Local authorities whose waste may be shipped out of the UK for recovery overseas and non-governmental organisations with an interest in the recycling of waste may have a specific interest.

    The deadline for comments on this consultation is 12 March 2007. Further information is available from: http://www.defra.gov.uk/corporate/consult/tfs-regs/index.htm Source: www.defra.gov.uk (accessed 02/01/07)

     

    ISSUE : January 2007

    Amendment to PPC Regulations 2

    The Pollution Prevention and Control (England and Wales) (Amendment) (England) Regulations 2006 (Statutory Instrument 2006 No. 2311) were laid before Parliament 29th August 2006, and enter into force on 1st October 2006. These Regulations amend the Pollution Prevention and Control (England and Wales) Regulations 2000 (the "PPC Regulations") in England only, as follows. Regulation 2(2)(a) amends part B of section 1.2 (Gasification, Liquefaction and Refining Activities) of Schedule 1 to the PPC Regulations by adding motor vehicle refuelling activities to the list of activities that require a permit under the PPC Regulations. Regulation 2(2)(b) amends Section 5.1 (Incineration and Co-incineration of waste) of Schedule 1 to the PPC Regulations by clarifying that incineration incidentally in the course of burning of landfill gas is not subject to permitting under the PPC Regulations.

    Regulation 2(3) amends Schedule 3 (Prescribed Date and Transitional Arrangements) to exempt certain operators of coin operated dry cleaning machines who choose not to make an application for a permit before 31st October 2006 from the permit requirements of the Solvent Emissions Directive 1999/13/EC on the basis that they agree to cease carrying out operations that fall within the scope of that Directive at the installation before the 31st October 2007. The full text of the amendment can be obtained from: http://www.opsi.gov.uk/si/si2006/20062311.htm

    Source: www.opsi.gov.uk (accessed 01/09/06) If you need help with IPPC or your Environmental System, call our friendly team of advisors on 0870 438 2573.

     

    ISSUE : September 2006

    Climate Change Agreements amendment now in force

    The Climate Change Agreements (Eligible Facilities) (Amendment) Regulations 2006 (SI No. 1931) entered into force on 15th August. This amends the Climate Change Agreements (Eligible Facilities) Regulations 2006 (SI 2006/60). In particular, it replaces the Schedule to S.I. 2006/60 with a new one. The effect of these amendments is to enable additional energy-intensive facilities to be identified in a Climate Change Agreement (CCA) with the Secretary of State for the Environment Food and Rural Affairs. Eligible facilities now include more of those involved in the processing of potassium chloride and the manufacturing of some glass products and commercial freezers. Facilities that are certified by the Secretary of State as being covered by a CCA are entitled to claim the reduced rate of Climate Change Levy (CCL). The amendment opens-up Climate Change Agreements to a range of energy intensive sectors. The agreements aim to encourage non-domestic sectors to improve energy efficiency and reduce emissions of greenhouse gases.

    The full text of the amending regulations is available from the Office of Public Sector Information (OPSI) website at: http://www.opsi.gov.uk/si/si2006/20061931.htm Source: www.opsi.gov.uk (accessed 01/09/06)

     

    ISSUE : September 2006

    New Limits on Persistent Organic Pollutants

    The EU has published new limits on 14 Persistent Organic Pollutants (POPs). These limits are detailed in Council Regulation (EC) No 1195/2006 of 18 July 2006 amending Annex IV to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants?. The Regulations limit the concentration to 50 milligrams per kilogram (mg/kg) for POPs in waste. There are two exceptions - dioxins and furans, which must not exceed 15 micrograms per kilogram. The Regulations will affect businesses within the metals, power and construction industries, as well as the waste management sector. This Regulation is directly applicable in all Member States. It was published in the Official Journal of the European Union on 8th August and entered into force on 28th August.

    The full text of the Regulation can be accessed from: http://eur-lex.europa.eu/ Further information on POPs can be found at http://www.ec.europa.eu/environment/pops/index_en.htm Source: http://eur-lex.europa.eu (accessed 01/09/06)

     

    ISSUE : September 2006

    Consultation on new Air Quality Regulations

    This consultation, issued on 1st September, sets out proposals to transpose Directive 2004/107/EC of the European Parliament and the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (fourth Daughter Directive). The consultation paper sets out the background to the fourth Daughter Directive and actions that the Secretary of State for Environment, Food and Rural Affairs proposes to take to implement the necessary measures to meet UK obligations.

    The paper also sets out the background to existing air quality legislation and the proposals to streamline the existing legislation by consolidating the existing Air Quality Limit Values Regulations 2003 with the proposed set of Regulations that give effect to the fourth Daughter Directive. These measures aim to simplify air quality legislation and propose new regulations, the Air Quality Standards Regulations 2007. These will apply to England, with the exception of regulation 29 (relating to transboundary pollution), which applies throughout the United Kingdom. Similar papers covering Scotland, Wales and Northern Ireland will be published by the devolved administrations.

     The Regulations do not themselves create any direct obligations for industry. However, regulators will take them into account when determining permits or other controls on emissions, under other legislation, in order that limit values are not exceeded. Responses should be received by 24 November 2006.

    Further information can be obtained from http://www.defra.gov.uk/corporate/consult/air-4daughter2006/index.htm Source: www.defra.gov.uk (accessed 01/09/06)

     

    ISSUE : September 2006

    Consultation on changes to the Packaging Regulations

    This consultation paper, issued 25 August 2006, presents proposals by the Department of Environment, Food and Rural Affairs, the Scottish Executive and the Welsh Assembly Government for changes to the current producer responsibility regime for packaging and packaging waste as set out in the Producer Responsibility Obligations (Packaging Waste) Regulations 2005. These Regulations are referred to as the 2005 Regulations?. The proposed changes in this paper can be summarised as: technical changes - including amending some references in the 2005 Regulations to correctly reflect the policy intention, and making some technical changes. These are discussed in Chapter One changing the Regulations to allow for electronic Packaging Waste Recovery Notes (PRNs) and Packaging Waste Export Recovery Notes (PERNs); this is discussed in Chapter Two, along with a proposal to increase Agency fees to enable further development of the National Packaging Waste Database in 2007/2008. The deadline for comments is Friday 17 November 2006.

    Visit the Defra website for further information: http://www.defra.gov.uk/corporate/consult/packaging-reg06/index.htm Source: http://www.defra.gov.uk (accessed 01/09/06)

     

    ISSUE : September 2006

    Consultation on Installation Level Lists for Phase II of EU ETS

    The UK submitted its National Allocation Plan (NAP) for Phase II of the EU Emissions Trading Scheme (EU ETS) to the European Commission on the 21 August. Stakeholders now have the opportunity to comment on the list of installation-level allocations prior to its finalisation later this year. The National Allocation Plan sets out the policy for Phase ll of the Scheme as required by the Emissions Trading Directive (Directive 2003/87/EC) and, subject to any amendments required by the Commission, is now fixed. The Government outlined its objectives for Phase II and consulted upon them in March 2005. In July 2005 Government conducted a full consultation on proposals for Phase II and in March 2006 the Draft National Allocation Plan was published for consultation. Alongside this there have been further consultations on the projections used for calculating sector totals, new entrant benchmarks and small installations This consultation was issued on 21st August and closes on 16th October 2006. See the Defra website for further information: http://www.defra.gov.uk/corporate/consult/euets-phase2-install/index.htm Source: http://www.defra.gov.uk (accessed 01/09/06)

    For more details of JPD's wide range of Environmental Training visit our website http://www.jpd.co.uk/ or call our expert team of advisors on 01565 724200

     

    ISSUE : September 2006

    WEEE Consultation

    The UK Government has outlined a timetable for the introduction of the Waste Electrical and Electronic Equipment (WEEE) Directive. The broad aim of the WEEE Directive is to address the environmental impacts of WEEE and to encourage its separate collection and subsequent treatment, reuse, recovery, recycling and environmentally sound disposal. The consultation on key proposals set to be introduced on 1st July 2007 was also opened. The consultation marks the beginning of the final phase of the Government's process for implementing the WEEE Directive and seeks the views of businesses, manufacturers, retailers, producers and enforcement authorities. The proposals outlined in the consultation follow on from a review of the Government's implementation proposals in December 2005 and have been developed through extensive consultation with key stakeholders. The key proposals are: A national Distributor Takeback Scheme which will establish a network of designated collection facilities enabling consumers to return their used items for recycling or reuse.

    Obligatory registration of producers through approved compliance schemes. Authorised Treatment Facilities which will process WEEE and provide evidence to producers on the amount of WEEE received for treatment. Accredited reprocessing/recycling facilities which will provide evidence of reprocessing to producers. An end-of-year settlement to ensure producers are able to meet their obligations via an "Exchange system". A voluntary approach for producers to show the cost of handling historical WEEE. The consultation opened on 25th July and closes on 17th October. The consultation documents can be found at http://www.dti.gov.uk/consultations/page32448.html

    Source: www.dti.gov.uk (accessed 04/08/06) JPD offers a one-day course on this subject called Producer Responsibility, visit our new website www.jpd.co.uk for more information or call our friendly team of advisors on 0870 438 2573

     

    ISSUE : August 2006

    Tyre Landfill Ban

    From 16 July 2006 used whole or shredded tyres can no longer be sent to landfills when the new regulations come into force across England and Wales. The new rules are a result of an EU-wide ban under the Landfill Directive. Large tyres from agricultural or heavy plant vehicles with a diameter greater than 1400mm, and bicycle tyres are not affected by the legislation. As a result more tyres will have to be recycled or reused. Options include re-treading, use as alternative fuel, reprocessing into ‘chip’ and ‘crumb’ for use in rubberised playing field surfaces and roadways and drainage schemes. Other established uses include turning them into office stationery like mouse-mats, bookmarks and coasters or even recycling the rubber to make carpet underlay. Over 48 million tyres were scrapped in 2004, with around a quarter going to landfill sites. The tyre industry has responded to the requirements of the ban and recovery capacity has been increasing steadily from 1995 to an estimated 95 per cent in 2005. For further information, visit: http://www.environment-agency.gov.uk/ Source: www.environment-agency.gov.uk (accessed 04/08/06)

    For more details of JPD's Environmental Training Services call our friendly team on 01565 724200 or visit our new improved website www.jpd.co.uk

     

    ISSUE : August 2006

    New Regulations for Agricultural Wastes in Northern Ireland

    As reported in the April 2006 edition of In Touch, controls on agricultural wastes were introduced in England and Wales on 31st March, and came into force on 15th May. In Northern Ireland, wastes arising from agricultural premises and mining and quarrying activities will now be subject to waste management controls under the new Waste Management Regulations (Northern Ireland) 2006, which became operational on 31st July 2006. The Environment and Heritage Service for Northern Ireland (EHSNI) has produced a comprehensive guidance pack for farmers to explain the implications of the new regulations and highlight when exemptions are required, available below for download (PDF). Further guidance is available from the EHSNI website at: http://www.ehsni.gov.uk/ Source: www.ehsni.gov.uk (accessed 04/08/06)

    For details of JPD's Waste Management Courses visit our new improved website www.jpd.co.uk or call our team on 0870 438 2573

     

    ISSUE : August 2006

    Proposed EU Directive to Combat Surface Water Pollution

    A new Directive proposed by the European Commission will set limits on concentrations in surface waters of 41 types of pesticides, heavy metals and other dangerous chemical substances that pose a particular risk to animal and plant life in the aquatic environment and to human health. These limits will have to be met by 2015. The proposal will contribute to the Commission's Better Regulation initiative by replacing five older directives, allowing their repeal. The proposed Directive on environmental quality standards in the field of water policy is the final major piece of legislation needed to support the Water Framework Directive (WFD), the cornerstone of EU water protection policy.

    To become law, the proposal requires approval by the Council and European Parliament under the co-decision procedure. Once it is adopted, Member States will be required to include the measures needed to achieve the agreed standards in their River Basin Management Plans, which must be prepared under the WFD by 2009. For further information on the Water Framework Directive and the new proposal: http://ec.europa.eu/ Source: http://ec.europa.eu (accessed 04/08/06)

    For Environmental training visit our new website www.jpd.co.uk or call our advisors on 01565 724200

     

    ISSUE : August 2006

    UK Proposal for EU ETS Phase II

    The UK Government announced its proposal for the European Union's Emissions Trading Scheme (EU ETS), Phase II (2008-2012). It is proposing to allocate 238 million allowances per year during the second phase, which will run between 2008 and 2012, compared to 245 million allowances per year under the current phase of the scheme. This announcement will put the UK on course to achieve a 16.2% reduction in carbon dioxide emissions by 2010, compared with the 15-18% range stated in the Climate Change Programme published in March 2006. The Government also announced the creation of a new joint Defra/DTI Environmental Transformation Fund that will provide a boost to investment in renewable energies and other green technologies aimed at reducing carbon emissions. For further information please visit: http://www.defra.gov.uk/ Source: http://www.defra.gov.uk (accessed 04/08/06)

    For more details about JPD's Environmental Training Services call our team 01565 724200 or visit our new website www.jpd.co.uk

     

    ISSUE : August 2006

    Climate Change and Sustainable Energy Act

    The Climate Change and Sustainable Energy Bill received royal assent on 21st June 2006. The purpose will be to: enhance the UK's contribution to combating climate change alleviate fuel poverty secure diverse and viable long-term energy supplies. The Act requires the secretary of state to report on the levels of greenhouse gas emissions and the steps taken by government departments to reduce them. Where possible, this will include input from local authorities in an effort to increase microgeneration and energy efficiency. Targets will be set between 1st November 2008 to 31st March 2009 for the number of microgeneration systems installed in the UK. The bill will make it easier for microgenerators to sell excess energy back to their suppliers. The full Act can be accessed from: http://www.opsi.gov.uk/acts/acts2006/20060019.htm

    Source: http://www.opsi.gov.uk (accessed 04/07/06) JPD offer a wide variety of Environmental Management courses, visit http://www.jpd.co.uk/courses/environmental.htm for more details or call our Training Advisors on 01565 724200.

     

    ISSUE : July 2006

    Amendment to the Packaging Regulations

    The Packaging (Essential Requirements) (Amendment) Regulations 2006 were laid before parliament on 7th June 2006 and will come into force on 1st July 2006. The regulations state that companies need to ensure that packaging meets requirements such as recyclability, minimisation of material and content of certain materials. The amendments outline a new packaging definition that reflects the wording in the EC Directive 2004/12/EC. This is split into three sections and is supported by Annex 1 which gives examples of items that are considered to be packaging. The Directive is available from the EU’s Europa? website at: http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_047/l_04720040218en00260031.pdf The amendment also removes the 30th June 2006 exemption deadline from heavy metal concentration limits of glass packaging, as this is now a legal requirement. To view the amendment please visit http://www.opsi.gov.uk/si/si2006/20061492.htm Source: www.opsi.gov.uk (accessed 04/07/06)

    To find out more about JPD's range of Packing and Waste and Environmental Management courses visit our new website http://www.jpd.co.uk/courses/environmental.htm or call 0870 438 2573

     

    ISSUE : July 2006

    New Ozone Depleting Substance Regulations

    The Ozone Depleting Substances (Qualifications) Regulations 2006 came into force on 10th June 2006. The regulations assign levels of competency to the handling of ozone depleting substances and require handlers to attain the relevant qualifications by 9th April 2007.

    The full text of the regulations can be found at http://www.opsi.gov.uk/si/si2006/20061510.htm Source: www.opsi.gov.uk (accessed 04/07/06)

     

    ISSUE : July 2006

    New Contaminated Land Regulations

    Two statutory instruments have been issued relating to the identification and remediation of contaminated land. They were both laid before Parliament 23rd May 2006 and enter into force on 4th August 2006. The Contaminated Land (England) Regulations 2006 (SI 2006 No. 1380) consolidate the provisions of the Contaminated Land (England) Regulations 2000 (S.I. 2000/227) and the Contaminated Land (England) (Amendment) Regulations 2001 (SI 2001/663) with amendments. These Regulations, which apply to England only, also set out provisions relating to the identification and remediation of contaminated land under Part 2A of the Environmental Protection Act 1990 ("the 1990 Act").

    The Regulations make provision for an additional description of contaminated land that is required to be designated as a special site (see regulation 2): that is, land which is contaminated land as a result of radioactive substances in, on or under that land. This is subject to separate new legislation, the Radioactive Contaminated Land (Modification of Enactments) (England) Regulations 2006 (SI 2006 No. 1379)

     The Regulations also remove provisions relating to appeals against remediation notices to a magistrates' court, as a result of amendments to section 78L of the 1990 Act made by section 104 of the Clean Neighbourhoods and Environment Act 2005.

     The Regulations are available from: http://www.opsi.gov.uk/si/si2006/20061380.htm and http://www.opsi.gov.uk/si/si2006/20061379.htm. Source: www.opsi.gov.uk (accessed 05/06/06)

     

    ISSUE : June 2006

    Consultation on proposed amendments to the PPC regulations

    Defra has issued a consultation (19 May 2006) regarding the following proposed amendments to the Pollution Prevention and Control Regulations 2000: - Implementation of Petrol Vapour Recovery Stage II? Controls (known as PVR II?); - Amendment which will increase the penalties for offences committed under the PPC Regulations in line with those in Section 105 of the Clean Neighbourhoods and Environment Act (the CNEA?); - To provide that where a coin-operated dry cleaning machine is to cease operation in October 2007 because it is not possible to comply with the Solvent Emissions Directive (the SED?) no application for a PPC permit is required in the interim; - Minor technical amendment to regulations concerning burning of landfill gas containing halogens. Responses to this consultation paper should be sent to Defra by 14 July 2006.

    Further details on the consultation can be obtained from: www.defra.gov.uk/corporate/consult/current.htm.

    Source: www.defra.gov.uk (accessed 05/06/06)

     

    ISSUE : June 2006

    Environment Agency Consultations on IPPC Guidance for Agriculture

    The Environment Agency has issued two consultations relating to guidance concerning intensive farming installations that need to apply for a permit to operate under Integrated Pollution Prevention and Control (IPPC) The first relates to the requirement for applicants to submit a site report? as part of a Permit application. This site report guidance and template is produced as a single document and its purpose is to assist the Intensive Farming sector in the production of an Application Site Report (ASR). It explains how it relates to pig and poultry farms and what information is needed to describe the condition of the land as part of the permit application.

    The document is a consultation draft and the Agency is seeking comments on the content and usefulness of the guidance and template. The second consultation relates to guidance on the assessment of environmental impacts from pig and poultry farms that require a permit to operate under the Pollution Prevention and Control (England and Wales) Regulations 2000. This guidance includes many of the principles applied to all sectors regulated under IPPC referred to in Horizontal Guidance note H1: Environmental Assessment and Appraisal of BAT. It describes a step-by-step approach to how to conduct an assessment of environmental impacts and includes a template for completing such an assessment. Responses relating to the Site Report Guidance are due by 18 August 2006.

    Further information is available from the Agency website at: http://www.environment-agency.gov.uk/yourenv/consultations/1392430/?version=1&lang=_e

    Responses relating to the environmental assessment guidance are due by 25 August 2006. Further information is available from the Agency website at: http://www.environment-agency.gov.uk/yourenv/consultations/1393122/?version=1&lang=_e Source: www.environment-agency.gov.uk (accessed 05/06/06)

     

    ISSUE : June 2006

    Consultation on the Conservation (Natural Habitats) Regulations

    On 8th May, the Department of Environment Food and Rural Affairs (Defra) issued a consultation seeking views on the draft Conservation (Natural Habitats, &c.) (Amendment) (England and Wales) Regulations 2006, in particular changes made to the regulations since the last public consultation in 2003. On 6th August 2003 Defra carried out a consultation on a number of proposed amendments to the Habitats Regulations for England. The amendments were principally to address a number of gaps and inconsistencies in the transposition of the Habitats Directive and to provide greater legal certainty in a number of areas.

    A similar consultation was carried out for Wales. Following the consultation in 2003 the transposition of the Habitats Directive in the United Kingdom was subject to two European Court of Justice judgments. The amendments now subject to consultation include: (a) amendments to take into account changes required to meet these court judgments; (b) amendments taking into account the responses to the previous consultations in England and Wales; and (c) other amendments considered desirable to ensure the regulations meet the requirements of the Directive. The deadline for receipt of consultee responses is 30 June 2006. Electronic copies of the consultation document can be obtained from: www.defra.gov.uk/corporate/consult/current.htm.

    Source: http://www.defra.gov.uk/ (accessed 05/06/06)

     

    ISSUE : June 2006

    WEEE Review Conclusions

    The Department of Trade and Industry (DTI) has published its conclusions on the implementation review of the Waste Electrical and Electronic Equipment (WEEE) Directive (220/96/EC) in the UK, which it launched on 14th December 2005. The WEEE Directive implements the principle of "extended producer responsibility" by addressing the environmental impacts of WEEE and encouraging its separate collection and subsequent treatment, reuse, recovery, recycling and environmentally sound disposal. The paper is a result of the review team's dialogue with the stakeholder community including producers, retailers, the treatment and recycling industries, reuse and refurbishment organisations and local authorities.

    The Review has concluded that UK implementation of the WEEE Directive should have the following main features: approved compliance schemes for retailers, which will establish networks of Designated Collection Facilities (DCFs) obligatory registration for producers, which may be either direct or through an approved compliance scheme a system for calculating producers' obligations under the Directive a quasi-market mechanism for allocating WEEE from DCFs to producer schemes a code of practice covering the collection of WEEE from DCFs a network of authorised treatment facilities, which will process WEEE and provide evidence of this to producers protocols to enable producers to demonstrate achievement of recycling targets in a cost effective way a voluntary approach for producers to show the cost of handling historical WEEE.

    The DTi invites comments and views on the paper. Responses should be sent no later than 19th May to WEEE@dti.gsi.gov.uk. The conclusions of implementation review can be found at: http://www.dti.gov.uk/sustainability/weee/supplementary_paper.pdf Source: www.dti.gov.uk (accessed 03/05/06) For details on JPD's Producer Responsibility course visit http://www.jpd.co.uk/courses/environmental.htm or contact one of our friendly training advisors 0870 438 2573

     

    ISSUE : May 2006

    Results of Environment Agency Consultation on Charges

    Following consultation, the Secretary of State for Environment has approved the increases and technical changes for the 2006 charging period. Most fees and charges for regulated businesses in England and Wales for 2006 will rise by 2.8%. The main changes to the fees and charges for 2006 are detailed below.

    Waste industry charges

    An extension of the risk-based approach sees EP OPRA? (Environmental Protection - Operator Performance and Risk Appraisal) based charges introduced to Waste Management Licensing. 70% of charge-payers will see an increase of 2.8%.

    Other Environmental Protection charges

    The EA is reinforcing the incentive for good operator performance by introducing compliance rating as an additional component to EP OPRA scores. A simpler approach to licensing for WML mobile plant together with associated charges A reduction in charges for WML fixed applications New charging categories for non-hazardous dredging and deposit of waste in land as a recovery activity - both will be charged under WML and not PPC (Pollution Prevention and Control) Risk-based charges for PPC surrender applications in place of fixed charges. Charges will be introduced that allow the EA to recover costs from operators associated with their licence applications that attract significant comment and high public interest. There will also be increased and additional charges to meet the cost of implementing improved security arrangements associated with high activity radioactive sources.

    Water abstraction charges

    The EA is introducing a new charging scheme that reflects the requirements of the Water Act 2003.

    The annual increase ranges from 3% to 7.5%, which includes the general increase of 2.8 per cent together with specific regional costs for things such asset maintenance. Further information is available from the Environment Agency website at: http://www.environment-agency.gov.uk/business/444669/587179/504799/?lang=_e Source: www.environment-agency.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    Consultation on a Draft Second Edition of IPPC SG5 (A2 Galvanizing sector)

    On 21st April 2006, Defra issued a consultation on revised guidance on the Best Available Techniques for minimising pollution from activities in the A2 Galvanizing sector - IPPC SG5. The consultation letter has been sent to members of all the technical working groups for LA-IPPC sectors. This revised version of SG5 takes account of two sector specific issues. The first, concerns how surface water runoff from roofs and yards should be dealt with. The second concerns a trial of non-galvanizing jigs which appear to be an emergent technology.

    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 deadline for receipt of responses is 16th June 2006.

    Further information is available from: http://www.defra.gov.uk/corporate/consult/sg5-galvanising/index.htm Source: www.defra.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    IPPC Consultation on Treatment of Clinical Waste

    The Environment Agency has published Appendix 5 to IPPC (Integrated Pollution Prevention and Control) S5.06, 'Guidance for the Recovery and Disposal of Hazardous and Non Hazardous Waste,' for consultation. Appendix 5 deals with the alternative treatment of clinical waste. It supports IPPC S5.06 and has been produced to help operators when preparing their PPC applications. This guidance, in combination with IPPC S5.06, lays down indicative standards that include waste pre-acceptance, waste receipt and acceptance, successful treatment and monitoring.

    It aims to: provide a clear structure and methodology for operators to follow to ensure they address all aspects of the PPC Regulations and other relevant Regulations minimise the effort by both operator and regulator in the permitting of an installation by expressing the clear indicative standards improve the consistency of applications by ensuring that all relevant issues are addressed and to increase the transparency and consistency of regulation by having a structure in which the operator's response to each issue, and any departures from the standards, can be seen clearly and which enables applications to be compared. The deadline for responses is 26th May 2006. Further information can be found at: http://www.environment-agency.gov.uk/yourenv/consultations/1316752/?version=1&lang=_e

    Source: http://www.environment-agency.gov.uk/ (accessed 03/05/06) JPD can help you with all your Environmental Management Training needs, just visit http://www.jpd.co.uk/ or call one of our friendly training advisors on 01565 724200

     

    ISSUE : May 2006

    Consultation on the Review of the Air Quality Strategy for England, Scotland, Wales and Northern Ireland

    Air pollution from man-made particles is currently estimated to reduce the life expectancy of every person in the UK by an average of eight months. In addition, more than half of all natural and semi-natural habitats in Britain still have too high levels of harmful acidity. The UK Government and the devolved administrations are therefore now consulting on a review of the current Air Quality Strategy for England, Scotland, Wales and Northern Ireland.

    The consultation seeks stakeholders’ views on a number of potential additional national policy measures which, if implemented, could secure further improvement in air quality and move us closer to achieving the Strategy’s air quality objectives. Among the package of measures on which the UK Government and the devolved administrations are seeking views are: new tighter European vehicle emissions standards (so called Euro-standards); incentives for cleaner vehicles; further reductions in emissions from small combustion plants; and further reductions in emissions from ships.

    The consultation document also seeks views on the Strategy’s current objectives for air pollutants and sets an agenda for longer term action to improve our understanding of air pollutants and attempts to qualitatively assess the potential for further air quality improvements in the very long term. Comments on this consultation are requested by 11 July 2006. Further information is available from: http://www.defra.gov.uk/corporate/consult/airqualstrat-review/index.htm

    Source: http://www.defra.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    Action Plan for Energy from Biomass

    An action plan to unlock the potential for renewable energy in biomass was published by the Government on 27th April. The plan accepts that energy from crops, trees and waste can make a strong contribution to reducing greenhouse gas emissions and sets out 12 key ways to make this happen. Biomass currently accounts for 84 per cent of Britain's renewable energy generation and 1.4 per cent of total energy generation. Measures include a 5 year capital grant scheme for biomass boilers; the establishment of a new Biomass Energy Centre to provide expert information and advice, along with further grant support for biomass supply chains and a commitment to consider using biomass heating in Government buildings. The action plan is primarily for England. However the Devolved Administrations of Northern Ireland, Scotland and Wales have helped in its development and it will also contribute to a UK biomass strategy, which will be published in the next year.

    The full report is available online at www.dti.gov.uk/renewables/renew_1.4.htm or by linking from Defra's biomass page at www.defra.gov.uk/farm/acu/energy/biomass-taskforce. Source: http://www.defra.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    New Obligation on the Supply of Electricity from Renewable Sources

    The Renewables Obligation Order 2006 (SI No.1004) entered into force on 1st April 2006. The Order is made under section 32 of the Electricity Act 1989 and imposes an obligation ("the renewables obligation") on all electricity suppliers, which are licensed under that Act and which supply electricity in England and Wales, to supply to customers in Great Britain specified amounts of electricity generated by using renewable sources. As alternatives, in respect of all or part of an electricity supplier's renewables obligation, an electricity supplier is permitted to provide evidence that other licensed electricity suppliers have supplied electricity generated using renewable sources instead of it or to make a payment to the Gas and Electricity Markets Authority ("the Authority").

    Renewable sources include sources of energy such as wind, water, solar and biomass. The Order revokes and replaces, with amendments, the Renewables Obligation Order 2005 ("the 2005 Order"). The full text of the Order is available from: http://www.opsi.gov.uk/si/si2006/20061004.htm

    Source: www.opsi.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    New rights of way legislation comes into force

    New provisions regarding the use of rights of way by motorised vehicles came into effect on 2nd May 2006. These provisions in the Natural Environment and Rural Communities Act 2006 will significantly curtail the scope for adding further public rights of way for motor vehicles, known as byways open to all traffic? (BOATs), to the definitive map and statement (the local highway authorities' legal record of public rights of way). The new provisions will extinguish - subject to certain exceptions - all unrecorded public rights of way for motor vehicles, so that they cannot then be claimed as BOATs under the fundamental legal principle ‘once a highway, always a highway'. The Act also prevents use by motor vehicles giving rise to any kind of public right of way. A new category of right of way - restricted byway? - to make these provisions work on the ground is used within the Act. It enables ways where vehicular rights have been acquired by non-motorised vehicles, such as horse-drawn vehicles, to be recorded as restricted byways rather than BOATs, ensuring that the future use of these ways will be consistent with their history. Restricted byways can be used by pedestrians, horse-riders, cyclists, and those who wish to use them with a horse and cart or carriage.

    However, it is now an offence under the Road Traffic Act 1988 to drive a motorised vehicle on a restricted byway except in certain circumstances (for example where someone relies on a public right of way for motor vehicles to access their land or property). The Countryside and Rights of Way Act 2000 (Commencement No.11 and Savings) Order 2006, SI No.1172 can be accessed from: http://www.opsi.gov.uk/si/si2006/20061172.htm

    Source: www.defra.gov.uk (accessed 03/05/06)

     

    ISSUE : May 2006

    New Regulations for Licensing Water Abstraction and Impounding

    The Water Resources (Abstraction and Impounding) Regulations (SI 2006 No.641) were laid before Parliament on 10th March and entered into force on 1st April. These Regulations contain provisions relating to the licensing of abstraction and impounding of water in England and Wales in the light of amendments made by the Water Act 2003 to the Water Resources Act 1991 ("the Act"). Part 2 relates to procedural requirements, including time limits in relation to the making of licence applications and in relation to appeals from decisions on licence applications for the abstraction or impounding of water. All applications for an abstraction licence or an impounding licence, other than those seeking to vary such a licence so as to reduce the quantity of water authorised to be abstracted, must be made to the Environment Agency.

    Special provisions apply where the application relates to abstraction or impounding in a National Park or the Broads (regulation 9). Part 3 of, and Schedule 2 to, these Regulations make modifications to the Act as it applies to abstraction or impounding by the Environment Agency, while Part 4 relates to the content of enforcement notices in relation to a breach of a restriction on the abstraction or impounding of water and works notices in relation to the protection of the environment.

    The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20060641.htm (Source: www.opsi.gov.uk, accessed 03/04/06)

     

    ISSUE : April 2006

    Amendment to Greenhouse Gas Emissions Trading Regulations

    The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 (SI 2006 No. 737) were laid before Parliament on 16th March and enter into force on 6th April. These Regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ("the 2005 Regulations") in order to further implement the EC Emissions Trading Directive (Directive 96/61/EC). Amongst other things, these Regulations: Provide a mechanism for installations which began operating before 2004 but which have not received an allocation of allowances, to apply for an allocation. The key provision is regulation 22A, which is inserted by regulation 13 of these Regulations. Add to the types of charges which may be included in a charging scheme made by the Secretary of State relating to offshore installations (regulation 19(1) of the 2005 Regulations).

    Provide a power for the regulator to delay the allocation of allowances each year to an operator who has been allocated allowances from either the new entrant reserve or the late installation reserve, where certain conditions in the approved national allocation plan are fulfilled. Make a number of new provisions relating to the surrender and revocation of greenhouse gas emissions permits and payment of subsistence fees; and Permit the use of information held or collected for the purposes of these Regulations to be used for the purpose of preparing and publishing energy and emissions statistics.

    The full text of the Regulations is available from the OPSI website at: http://www.opsi.gov.uk/si/si2006/20060737.htm (Source: www.opsi.gov.uk, accessed 03/04/06)

     

    ISSUE : April 2006

    Consultation on the EU Emissions Trading Scheme Phase II

    This consultation (issued 28 March 2006) seeks views on the UK Draft National Allocation Plan for Phase II of the EU Emissions Trading Scheme (2008-2012). Comments are sought on all issues contained within the document but Defra has posed a number of questions on which views are particularly sought. These questions are highlighted throughout the document and focus on: Determination of the total quantity of allowances Determination of the total quantity of allowances at activity level Determination of the total quantity of allowances at installation level New entrants and closures

    This consultation will close at 17:00 on 23 May 2006. Source: www.defra.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    Request for Data from Installations included in Phase II of EU ETS

    The Environment Agency issued a request for data on 6 March 2006 to all installations that will be included in Phase 2 of the EU Emissions Trading Scheme. This request does not apply to most installations that were registered for Phase 1. Operators who must send in the data requested include those: who have not previously submitted historic emissions data (for example - expansion activities) whose Phase I baseline data contained errors who had benchmarks applied in the Phase 1 National Allocation Plan who wish to apply for Allocation Methodology Rules. For more information on who should send in data see the Environment Agency's website at: http://www.environment-agency.gov.uk/emissionstrading?lang=_e Installations that are already registered should have submitted a verified report of the Annual Reportable Emissions made during 2005 to the Environment Agency by 31st March 2006. By 30th April 2006, registered installations must surrender allowances equal to the Annual Reportable Emissions specified in their verified report. Failure to surrender sufficient allowances by 30th April will lead to civil penalties equivalent to - per tonne of carbon emitted, in addition to the outstanding requirement to surrender allowances.

    To surrender allowances, an installation must have a valid Registry Account that can be accessed by its nominated Authorised Representatives.

    Further guidance is available from the Environment Agency website here. Source: http://www.environment-agency.gov.uk/ (accessed 03/04/06)

     

    ISSUE : April 2006

    New pollution fees and charges for Local Authority-regulated sites

    On 30th March, Defra announced increases to the fees local authorities charge for regulating air pollution and other emissions from industrial processes. For 2006-7, all local authority air pollution fees for industrial processes will rise by 2.5% over current levels. A 2.8% increase for the year will apply to the Environment Agency water charges for A(2) processes (e.g. galvanisers and ferrous foundries). The Environment Agency will publish its full list of revised fees shortly. On top of the inflationary rise Defra is also changing the way in which the fees and charges are addressed by using a more risk-based approach akin to that currently used to calculate fees for A(1) installations regulated by the Environment Agency.

    Further information on the increases and details of the other minor amendments to the charging schemes can be found at www.defra.gov.uk/environment/airquality/lapc/charges/default.htm Source: http://www.defra.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    New Controls on Agricultural Waste

    Regulations made on 31st March apply waste management controls to agricultural waste for the first time in England and Wales. The Waste Management (England and Wales) Regulations 2006 (known as the Agricultural Waste Regulations) will come into force on 15 May 2006 and will apply the same controls on agricultural waste that have applied to all other sectors of industry for many years. About 400,000 tonnes of agricultural waste is produced each year. It includes old pesticide containers, silage wraps, tyres, batteries and oil. Manure and slurry are not a waste when used as a fertiliser. Farmers will have 5 basic options for dealing with their waste, which can be used on their own or in combination: Store their waste on-farm for up to 12 months.

    Take their waste for recycling or disposal off-farm at a licensed site. Get an authorised waste contractor to take their waste away. Register license exemptions with the Environment Agency to recycle or dispose of their waste on-farm. Farmers can register at any stage during the first 12 months of the Regulations. License exemptions are free for agricultural waste. Apply to the Environment Agency for a waste management license or a landfill permit to recycle or dispose of their waste on-farm. For most farmers obtaining a landfill permit for their farm dump will not be a viable option because of the engineering requirements and costs involved. There are transitional arrangements for most other on-farm recycling and disposal activities.

    The full text of the Regulations is available from the Office of Public Sector Information website: http://www.opsi.gov.uk/si/si2006/uksi_20060937_en.pdf Source: http://www.defra.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    Amendment to Climate Change Levy Regulations

    The Climate Change Levy (General) (Amendment) Regulations 2006 (Statutory Instrument 2006 No. 954) were laid before the House of Commons on 29th March and entered into force on 1st April. The Regulations make consequential amendments to the rules about how exemptions from climate change levy are claimed and made available following the abolition after 31st March 2006 of the half-rate for supplies of electricity, gas and solid fuels to horticultural producers.

    Source: www.opsi.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    Royal Assent for Natural Environment and Rural Communities Act

    The Natural Environment and Rural Communities Act, which creates two new organisations charged with conserving and enhancing England's valuable natural environment and giving a stronger voice to rural communities, received Royal assent on 30th March. The Act enables the creation of Natural England?, bringing together the strengths of English Nature, parts of the Countryside Agency, and most of the Rural Development Service to conserve and enhance our landscapes and biodiversity, and to help people enjoy them. It also establishes the Commission for Rural Communities, which will act as a rural adviser, advocate and watchdog, charged with ensuring Government policies regarding rural disadvantage are taking effect. Natural England and the Commission for Rural Communities will be formally established on 1 October 2006.

    English Nature and the Countryside Agency will be wound up on the same date. Source: www.defra.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    New Powers for Litter Clean-Up

    New measures under the Clean Neighbourhoods and Environment Act come into force on April 6, and will see local authorities better-equipped to combat litter in terms of both prevention and penalties. As well as the power to increase fines from £50 to £80, local authorities can also: require occupiers to clear their land of litter; stop people handing out flyers and leaflets in designated areas; and fine shops selling take-away food if they refuse to clear up litter outside their premises The Clean Neighbourhoods and Environment Act received Royal Assent in April 2005. Further information is available on the Defra website at: www.defra.gov.uk/environment/localenv/legislation/cnea/index.htm

    The text of the Act is available at: www.opsi.gov.uk/acts/acts2005/20050016.htm Source: www.defra.gov.uk (accessed 03/04/06)

     

    ISSUE : April 2006

    EU Climate Change Targets ‘unrealistic’

    The EU has announced that it is unlikely to meet its target to maintain global warming below 2°C, according to the final conclusions of an International Scientific Conference. Reaching the EU's goal of keeping the rise in global temperatures to below 2°C would require keeping CO2 concentration in the atmosphere at a maximum of 450 parts per million (ppm). But according to the UK Government's Chief Scientific Adviser, Sir David King, such a target may not be reached. "To aim for 450 (ppm) would, I am afraid, seem unfeasible," he told a news conference as reported by the BBC on 30 January. Sir David King was presenting the final report of an International Scientific Conference, held in Exeter last year, on avoiding dangerous climate change. The conference report was published on 30 January 2006. A rise in temperature below the EU's 2°C target may be enough to melt the Greenland ice sheet, the report concludes. "Complete or partial deglaciation of Greenland may be triggered for even quite modest [greenhouse gas] stabilisation targets," it says. "Technological options for significantly reducing emissions over the long term already exist," says the report. But it warns "major investment is needed now in both mitigation and adaptation" technologies if they are to be achieved. Recommended technologies include "energy efficiency, nuclear energy, low-emission transport fuels and fossil fuel power plants with CO2 capture and storage". In a related development, President George W. Bush urged the US to put an end to its oil addiction in his annual state of the union address before Congress. He said he would seek a 22% increase in R&D funding into clean energy. Source: www.defra.gov.uk (accessed 13/02/06)

    JPD with NQA provide training on Environmental Management and Climate Change, for more information visit our website www.jpd.co.uk or call one of our friendly Training Advisors on 0870 438 2573

     

    ISSUE : March 2006

    The STEM project

    NQA is leading the way on BS 8555 with its involvement in the 'Sustainable together through environmental managment' (STEM) project. The largest of its kind in Europe, this has been set up to help nine cross-border councils in Ireland and Northern Ireland, the Southern Group Environmental Health Committee (SGEHC) and small and medium sized enterprises in the surrounding area to implement and develop environmental management systems (EMS). The aim of STEM is to bring 270 companies through to phase three of BS 8555 by August 2007. It will also deliver ISO 14001 to the nine participating councils and any companies who, having achieved BS 8555 phase three, want to commit to ISO 14001. The project is funded by the EU, the nine participating councils (seven from Northern Ireland and two from Ireland) and the DGEHC. NQA won the contract to be the independent inspection body for the project in open tender, having previously worked successfully with the SGEHC. Sam Glenn, NQA Regional Manager for Ireland and Bill McDonagh, Regional Co-ordinator, have the challenging task of managing this demanding project. 'The STEM project is proof of the growth and popularity of BS 8555' says Sam, 'and it makes NQA the leading inspection body for the standard in the UK'.

    So far some 90 companies have signed up for BS 8555 phase three. The first five have already passed and will be presented with their certificates this year and the remainder are being inspected which should be completed very soon. For SME's BS 8555 is a very convenient way of going for an EMS because it uses the Acorn Scheme developed by the Institute of Environmental Management and Assessment (IEMA) to achieve registration. This is a flexible scheme with six phases. You do not have to complete all six, but can choose to only go as far as the level which best suits your organisations needs. Another benefit is that it can be tackled incrementally at a pace to suit the organisation, with the option to complete the full six stages and gain registration to ISO 14001 if desired.

    NQA is one of only three inspection bodies in the UK to be accredited for BS 8555. For more information on BS 8555/Acorn Scheme contact ems@nqa.com (Article taken from NQA Reporter Winter 2005/6) JPD also offer training on ISO 14001 and BS 8555 for more information visit our website www.jpd.co.uk or contact one of our Training Advisors on 0870 438 2573

     

    ISSUE : March 2006

    PPC and Waste Management Licensing Consultation

    Defra, in collaboration with the Environment Agency and the Welsh Assembly Government, has published a consultation paper seeking views on proposals for replacing the environmental permitting and compliance systems under Waste Management and Pollution Prevention and Control legislation. The Environmental Permitting Programme (EPP) is examining how to combine the Pollution Prevention and Control (PPC) and waste management licensing systems into a common permitting and compliance system in England and Wales. The proposals set out in the consultation paper aim to streamline and simplify the mechanics of the permitting and compliance systems for waste and PPC without undermining environmental protection or human health. They suggest a new system consisting of fewer, simpler rules and clearer guidance. This unified approach would allow industry, regulators and the public to focus more on environmental outcomes and less on how they are achieved. The closing date for responses to this consultation is 15th May 2006.

     The consultation documents can be found at http://www.defra.gov.uk/corporate/consult/envpermitprog/index.htm

     

    ISSUE : March 2006

    Consultation on Pollution Prevention and Control Act 1999

    Defra has launched a two-stage consultation on the review of the Pollution Prevention and Control (PPC) regime, known as 'Part B' where it regulates activities not directly subject to EU air pollution controls. 'Part B' activities are those regulated under the Pollution Prevention and Control Act 1999 to control emissions to air. In England, these activities are regulated by local authorities under the system of Local Air Pollution Prevention and Control. Alternative approaches to regulation under Part B could include reliance on the Clean Air Act, statutory nuisance or the land use planning systems, or the use of simplified applications and permits as are currently provided for service stations, small waste oil burners and dry cleaners. No changes will be made if a given type of activity is a significant source of local, national or transboundary air pollutants. This includes any which would compromise achievement of existing national air quality policy or objectives, European obligations or other international agreements.

     The deadline for responses to the consultation is 19th May 2006. Further information can be found at http://www.defra.gov.uk/corporate/consult/ppcact-partb/index.htm Source: www.defra.gov.uk (accessed 14/03/06) JPD offer a series of Environmental Training courses, for more information contact one of our Training Advisors on 01565 724200

     

    ISSUE : March 2006

    Waste Strategy Consultation

    On 14th February, the Department of Environment, Food and Rural Affairs (Defra) launched a major consultation on its strategy for waste in England. It is five years since the Government set out its 20 year waste strategy in Waste Strategy 2000?. This review provides an opportunity to reflect on existing policies and delivery mechanisms, including those arising from the Government's response to the recommendations made in the Prime Minister's Strategy Unit report on waste (Waste not Want not?), and to consult on proposals for a revised waste strategy.

    The overall objective of a revised waste strategy will be to further reduce the impacts of waste management on the environment, while developing the economic benefit of using waste as a resource and meeting EU obligations. To achieve this, the revised waste strategy will offer a clearer longer-term vision for waste and resource management as part of the Government's drive for sustainable development, consolidate current policies and set out new proposals agreed after consultation. Proposals in the consultation focus on working more closely with businesses and retailers to reduce waste, new targets for recycling of household waste and a greater strategic role for local authorities.

    The closing date for responses to this consultation is 9th May 2006. Further information can be found at http://www.defra.gov.uk/corporate/consult/wastestratreview/index.htm Source: www.defra.gov.uk (accessed 14/03/06) For details of JPD's services visit our website www.jpd.co.uk or call 01565 724200

     

    ISSUE : March 2006

    Source Segregation Consultation

    The Government is reviewing the source segregation requirement for aerobic and anaerobically digested waste compost, liquor or digestate, spread to agricultural land under a paragraph 7A exemption from Waste Management Licensing Regulations 2004. A consultation document looking at options for the regulation of this waste type was launched on 6th February 2006. The consultation document provides details about why the changes in the 2005 Regulations were made, it asks for comments and views on whether the source segregation requirement is the most appropriate way to regulate outputs from the aerobic and anaerobic treatment of wastes (in particular by Mechanical Biological Treatment (MBT) plant), and it asks for any further evidence, information or data to be presented that supports the views of consultees.

    The closing date for the consultation is 2nd May 2006. The consultation documents can be found at http://www.defra.gov.uk/corporate/consult/wmlicence-sourcesegregate/index.htm Source: www.defra.gov.uk (accessed 14/03/06)

     

    ISSUE : March 2006

    Financial Provision for Landfill Consultation Outcome Published

    The Environment Agency (EA) has published the outcome of the September 2004 consultation setting out proposals for a change in the policy relating to the 'financial provision' requirement at landfill sites. The Landfill Directive requires landfill operators to prove that they can fund the obligations of their permit and any obligations that may arise should the landfill close, before they start operating. The EA ensures that the monitoring, management and maintenance of the landfill is properly regulated under the permit, and that any obligations continue to be funded should the site close. Current financial provision mechanisms pay funds to the EA if an operator cannot meet the terms of their permit.

    Following the consultation, the EA has deferred its originally proposed implementation date of 1st January 2005 to allow time for further consideration of the responses. It has decided that the policy will not be implemented in full until landfill re-permitting (under Pollution Prevention and Control legislation) has been completed in 2007. Until then, operators will have the choice of entering into new arrangements that meet the policy objectives. After 2007, the EA will implement the policy when there are fresh applications and individual permits of operational sites are reviewed. Financial provision arrangements of landfill sites which have closed under a waste management licence will not be revisited, other than on application to transfer those licences. The report on the consultation outcome can be found at: http://www.environment-agency.gov.uk/commondata/acrobat/outcome_1283363.pdf Source: www.environment-agency.gov.uk (accessed 14/03/06)

    For more information on JPD's Waste Management and Environmental Courses please visit our website www.jpd.co.uk or call one of our friendly Training Advisors on 0870 438 2573

     

    ISSUE : March 2006

    Light pollution soon to become an offence

    Under the Clean Neighbourhood and Environment Act 2005 light pollution will find itself on similar footing to noise pollution and residents plagued by intrusive bright lights will be able to ask the authorities for an abatement order if the light is 'prejudicial to health or a nuisance'. Fines of up to £5,000 will be meted out to individuals who refuse to comply, while businesses could face penalties of up to £20,000. The legislation has been warmly welcomed by astronomers and others wishing to view the night sky in all its glory rather than blotted out by artificial light, but the British Astronomical Society-led Campaign for Dark Skies has warned that while it can be seen as progress, it will not stamp out light pollution. It will also press for a coherent Government policy specifically including the night sky as part of the environment which DEFRA is charged to protect and continue to educate the public, retailers, manufacturers and decision-makers about the need to save energy and money while helping the environment through sane lighting practices.

    Source: www.edie.net (accessed 13/02/06) (Taken from PLUS, January 2006)

     

    ISSUE : February 2006

    New Climate Change Agreement Regulations

    The Climate Change Agreements (Energy-intensive Installations) Regulations 2006 (SI No 59) detail that a reduced rate of climate change levy may apply to supplies of taxable commodities to a facility taken as being covered by a climate change agreement. These Regulations expand the types of installation that may form such a facility to include installations for€ (a) separating from air, and then compressing or liquefying nitrogen, oxygen or argon; (b) extracting and processing kaolinitic clay in combination with its accessory minerals; (c) processing calcium carbonate based minerals for use as filler or whitener; (d) heat-treating metals; (e) horticulture; (f) manufacturing textiles; (g) producing plastic film. The Climate Change Agreements (Eligible Facilities) Regulations 2006 (SI No 60) apply to installations covered by Schedule 6 paragraph 51 to the Finance Act 2000 by virtue of the Climate Change Agreements (Energy-intensive Installations) Regulations 2006 (S.I. 2006/59) and to sites upon which there is such an installation or part of an installation.

    These Regulations provide that such an installation or site will be taken to be a facility eligible for inclusion in a climate change agreement where the installation or site is an 'eligible facility' under the Climate Change Agreements (Eligible Facilities) Regulations 2001 (S.I. 2001/662) (i.e. at least 90% of the energy supplied to the facility will be used within an installation), the installation or site meets the energy intensity criteria or belongs to a business sector that meets the energy intensity criteria and the energy to be supplied to the installation or site will be used for the purpose of carrying out an eligible process.

    The energy intensity criteria will be met where the predicted energy costs of the installation or site or the business sector to which the installation or site belongs amount to 10% or more of production value or, if less than 10%, but at least 3%, where there is an import penetration ratio of at least 50%. An eligible process is a process or activity or combination of processes or activities as described in the Schedule carried out at an installation or site which, when taken alone or together within the business sector to which the installation or site belongs, meets the energy intensity criteria.

    Source: www.opsi.gov.uk (accessed 13/02/06) JPD offers Training services on Managing the Climate Change Levy for more details please call one of our friendly Training Advisors on 01565 724200 (Taken from PLUS January 2006)

     

    ISSUE : February 2006

    Public access to Environmental Policy strengthened

    The European Parliament has amended a Council decision in order to improve access to information and public participation in EU environmental decision making, but it refused to give NGOs the right to take member states to court. The Aarhus Convention was concluded in 1998 by the United Nations Economic Commission for Europe. It foresees access to information, public participation in decision making and access to justice in environmental matters. The EU ratified the Aarhus Convention on 17 February 2005. The Parliament adopted the Korhola report on the application of the Aarhus Convention for the EU institutions and member states on 18 January. MEPs amended the Council's Common Position in several respects, so a conciliation procedure will be necessary to finalise this issue. The most important amendments adopted: broadening the scope to include sustainable development; inclusion of banking activities (e.g. from the European Investment Bank); fewer exceptions to the transparency rules. To the disappointment of green NGOs, the Parliament rejected an amendment that would have given non-governmental organisations the right to take a member state or an institution to the European Court when it believed that a public authority was not applying environmental laws properly.

    Source: www.activ.com (accessed 13/02/06) For details on all JPD with NQA Environmental Courses, please visit our website www.jpd.co.uk or call one of our Training Advisors on 0870 438 2573 (Taken from PLUS, January 2006)

     

    ISSUE : February 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)

     

    ISSUE : December 2006

    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)

     

    ISSUE : December 2006

    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)

     

    ISSUE : December 2006

    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)

     

    ISSUE : December 2006

    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)

     

    ISSUE : December 2006

    Consultation on Revised Charges for Local Authority Pollution Control

    The Environmental Protection Act 1990 and Pollution Prevention and Control Act 1999 provide for the setting of fees and charges for Local Air Pollution Control (LAPC), Local Air - Integrated Pollution Prevention and Control (LA-IPPC), and Local Air Pollution Prevention and Control (LAPPC) at levels that will recover the costs to local authorities of implementing the system. This consultation relates to the LAPC, LAPPC and LA-IPPC fees and charges in England. It is the practice of DEFRA to consult affected industries and local authority associations as part of the annual review of the local authority charging schemes. It is proposed that the fees and charges for the two local air pollution control (LAPC/LAPPC) and local authority integrated pollution prevention and control (LA-IPPC) regimes for 2007/8 are increased by between 2.37% and 2.86% over current levels for subsistence charges and by 2.11% over current levels for all other charges. In addition to the above, DEFRA proposes that all standard process application fees are increased by £1058 and all reduced fee application fees are increased to £201 for applications made after the due date - i.e. in relation to installations operating without a permit. The closing date for comments is Friday 5 January 2007. Further information is available from: http://www.defra.gov.uk/corporate/consult/localauth-plantfees07-08/index.htm Source: http://www.defra.gov.uk (accessed 06/11/06) If you need assistance with your Environmental Management System, JPD offer a wide range of training services, just call our team on 01565 724200

     

    ISSUE : November 2006

    New Laws on Environmental Noise

    Three separate pieces of legislation have been issued covering the issue of environmental noise. The Environmental Noise (England) Regulations 2006 came into force on 1st October 2006, with the Environmental Noise (Wales) Regulations 2006 and the Environmental Noise (Scotland) Regulations 2006 entering into force on 4th and 5th October, respectively. These regulations implement Directive 2002/49/EC in relation to the assessment and management of environmental noise. The new Regulations cover noise from a variety of sources related to road, rail, air traffic, and industry, focusing on the impact of noise on individuals. The Regulations require strategic noise maps to be prepared for managing noise in a variety of urban and civil contexts. Provisions include: - That the making of strategic noise maps will occur in two rounds, the first in 2007 and the second in 2012. Subsequent strategic noise maps will have to be made every five years. - The Secretary of State will identify the noise sources for which strategic noise maps must be made. - Strategic noise maps will be produced for large urban areas, major roads, major railways and major airports. - Airport operators will be required to make strategic noise maps for airports that are not designated under the Civil Aviation Act 1982. The regulations also set out which noise indicators should be used and methods to be utilised in calculating the values of noise indicators. To view the English, Scottish or Welsh versions of the regulations, visit: http://www.opsi.gov.uk/si/si2006/20062238.htm http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060465.htm http://www.opsi.gov.uk/legislation/wales/wsi2006/20062629e.htm Source: www.opsi.gov.uk (accessed 06/11/06)

     

    ISSUE : November 2006

    New Pollution Prevention and Control Regulations for Wales

    The Pollution Prevention and Control (England and Wales) (Amendment) (Wales) Regulations 2006 were made on 17th October 2006 and entered into force on 25th October 2006. These Regulations amend the Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973) ("the PPC Regulations") in relation to Wales. Key changes are as follows: - An increase in the maximum penalty a Magistrates' court may impose, in respect of offences committed after section 154(1) of the Criminal Justice Act 2003 (which limits a Magistrates' court's power to impose imprisonment) is brought into force. The maximum fine has increased from £20,000 to £50,000, while the maximum prison sentence is now 12 months rather than six. - Motor vehicle refuelling activities have been added to the list of activities that require a permit (now included in Schedule 1 under Part B of section 1.2, Gasification, Liquefaction and Refining Activities). - Section 5.1 (Incineration and Co-incineration of waste) of Schedule 1 has been amended to clarify that incineration in the course of incidental burning of landfill gas does not require a permit under the PPC Regulations. - Schedule 3 (Prescribed Date and Transitional Arrangements) has been amended to exempt certain operators of coin-operated dry cleaning machines from the permit requirements of the Solvent Emissions Directive on the basis that the operators agree to cease carrying-out operations that fall within the scope of that Directive at the installation before the 31 October 2007. The full text of the regulations can be accessed from the OPSI website at: http://www.opsi.gov.uk/legislation/wales/wsi2006/20062802e.htm Source: www.opsi.gov.uk (accessed 06/11/06) If you would like some help with this subject contact our friendly team on 01565 724200 to find out more about JPD's services.

     

    ISSUE : November 2006

    New Climate Change Legislation Planned Following Stern Review

    The Stern Review, published on 30/10/06, sets out the economic case for action on climate change, and concludes that the cost of inaction will be far higher than tackling climate change now. New legislation is under development which will put in place a long-term framework for emissions reductions. It is envisaged that the legislation will enable the UK to benefit economically by becoming a leading low carbon economy ahead of its competitors. The climate change legislation will comprise four key elements: - It will put the Government's long-term goal to reduce carbon dioxide emissions by 60 per cent by 2050 into statute. How the target is defined and set, and how we measure and report on our progress, are fundamental issues that we are still considering. We will also consider appropriate interim targets. - It will establish an independent body - the Carbon Committee - to work with Government to reduce emissions over time and across the economy. Its advice will be open, transparent, equitable and mindful of sectoral and competitiveness impacts, including the need to secure energy supplies at competitive prices. - It will create enabling powers to put in place new emissions reduction measures needed to achieve our goals. - It will improve monitoring and reporting arrangements, including how the Government reports to Parliament. The timescale for introducing the legislation has not yet been set. The Stern Review report on the Economics of Climate Change can be found on the Treasury website, click here Source: www.defra.gov.uk (accessed 06/11/06) Our Training Services can help you to understand Climate Change and relevant legislation, call our team on 01565 724200 for further assistance.

     

    ISSUE : November 2006

    Consultation on Revised Waste Framework Directive

    DEFRA, in association with the Devolved Administrations, is seeking views on a proposal by the European Commission to revise the Waste Framework Directive (WFD) (2006/12/EC) and related EU legislation. The proposed legislation comprises: 1. A revision of the Waste Framework Directive (WFD); 2. The repeal of the Waste Oils Directive (75/439/EEC); and 3. The repeal and integration of the Hazardous Waste Directive (91/689/EEC) into the revised WFD. The purpose of the consultation paper is to invite stakeholders’ views on the revision of the WFD to ensure that the UK’s involvement in the negotiations on the legislation is well informed and has an evidence base which is as sound as possible. The consultation paper also includes a Partial Regulatory Impact Assessment, on which views are also invited. Responses should be submitted by 5 January 2007. Further information is available from: http://www.defra.gov.uk/corporate/consult/waste-directive/index.htm Source: http://www.defra.gov.uk (accessed 06/11/06) For assistance with your Waste Management issues, take a look at our range of Environmental courses or call our team on 01565 724200.

     

    ISSUE : November 2006

    Scottish Oil Storage Regulations – first stage now in force

    The Water Environment (Oil Storage) (Scotland) Regulations 2006 (Scottish Statutory Instrument 2006 No. 133) apply to any kind of oil including petrol, diesel, mineral oil, heating oil, lubricating oil, waste oil, vegetable and plant oil. The storage of Agricultural Fuel Oil is now controlled by these Regulations and Regulation 8 removes oil storage from the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003. The Regulations apply to any kind of container which is being used and which is stored on premises above ground, whether inside or outside a building. These include fixed tanks, intermediate bulk containers, drums (oil drums or similar containers used for storing oil) or mobile bowsers.

    The Regulations, although made on 1st April 2006, is coming into force in 3 stages following. These stages are: 1. new tanks (i.e. facilities commenced after 1st April 2006) will have to comply within 6 months of the Regulations [by 1st October 2006], 2. existing tanks at significant risk (i.e. facilities that are located within 10 metres of any surface water or 50 metres of a borehole or well will have to comply within 2 years [by 1st April 2008] 3. remaining existing tanks will have to comply within 4 years [1st April 2010]. Further information is available from the SEPA website at: http://www.sepa.org.uk/regulation/oilstorage2006/index.htm

    The full text of the Regulations is available from: http://www.opsi.gov.uk/legislation/scotland/ssi2006/20060133.htm Source: www.sepa.org.uk (accessed 03/10/06)

     

    ISSUE : October 2006

    New EIA Regulations for Agriculture

    The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 (SI 2006 No.2522) were laid before Parliament on 15th September 2006 and will be fully in force by 10th October 2006. These Regulations revoke an earlier version of the regulations, laid before Parliament on 7th September 2006. These Regulations implement Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC, collectively referred to as "the EIA Directive"), in particular including two types of project as detailed within paragraph 1 of Annex II to that Directive: projects for the restructuring of rural land holdings, and projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes.

    They also implement Council Directive 1992/43/EEC ("the Habitats Directive") insofar as those projects affect sites protected by that Directive. A full EIA may be required if the types of project described above exceed the size thresholds detailed in Schedule 1 of the Regulations.

    The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2006/20062522.htm Source: www.opsi.gov.uk (accessed 03/10/06)

     

    ISSUE : October 2006

    New EU Directive on Batteries and Accumulators

    Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC? was published in the Official Journal on 26th September 2006 (OJ L266 Vol 49). This Directive prohibits the placing on the market of certain batteries and accumulators containing mercury or cadmium. It also promotes a high level of collection and recycling of waste batteries and accumulators and improved environmental performance of all operators involved in the life cycle of batteries and accumulators, e.g. producers, distributors and end-users and, in particular, those operators directly involved in the treatment and recycling of waste batteries and accumulators. This Directive should apply to all batteries and accumulators placed on the market within the Community. Such batteries and accumulators can be collected individually, by way of national battery collection schemes or together with waste electrical and electronic equipment, by way of national collection schemes set up on the basis of Directive 2002/96/EC. In the latter case, as an obligatory minimum treatment requirement, batteries and accumulators should be removed from the collected waste electrical and electronic equipment.

    After their removal from the waste electrical and electronic equipment, batteries and accumulators are subject to the requirements of this Directive, notably they count for achieving the collection target and are subject to recycling requirements. This Directive establishes: (1) rules regarding the placing on the market of batteries and accumulators and, in particular, a prohibition on the placing on the market of batteries and accumulators containing hazardous substances; and (2) specific rules for the collection, treatment, recycling and disposal of waste batteries and accumulators to supplement relevant Community legislation on waste and to promote a high level of collection and recycling of waste batteries and accumulators. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 26 September 2008.

    The full text of the Directive is available from: http://eur-lex.europa.eu/LexUriServ/site/en/oj/2006/l_266/l_26620060926en00010014.pdf Source: http://eur-lex.europa.eu (accessed 03/10/06)

     

    ISSUE : October 2006

    Second Consultation on creating a streamlined environmental permitting and compliance system

    On 13th September, DEFRA issued a second consultation regarding proposals for a streamlined environmental permitting and compliance system. The initial consultation was reported in the February 2006 edition of PLUS? (PLUS has subsequently been re-named In Touch as of April 2006). The Environmental Permitting Programme (EPP) is a Better Regulation initiative designed to reduce costs for business and regulators by cutting red tape, without changing levels of protection for the environment and human health. It will do this by streamlining and simplifying environmental permitting and compliance systems. This consultation package may be of interest to:

    •  Operators of facilities with waste management licences or exemptions; and/or of facilities with Pollution Prevention and Control permits;
    • Regulators of the above facilities (the Environment Agency and local authorities); and
    • Others with an interest in environmental permitting and compliance systems

    The deadline for comments is 6 December 2006. Further information is available from: http://www.defra.gov.uk/corporate/consult/envpermitprog2/index.htm.

    Source: http://www.defra.gov.uk (accessed 03/10/06)

     

    ISSUE : October 2006

    New Packaging Waste Regulations

    The New Producer Responsibility (Packaging Waste) Regulations were made on 15th December 2005 and set new recovery and recycling targets as detailed in Council Directive 94/62/EC on packaging and packaging waste (as amended by Council Regulation (EC) No 1882/2003, Council Directive 2004/12/EC and Council Directive 2005/20/EC the Packaging Waste Directive).

    The new Regulations replace the existing recovery and recycling targets as detailed previously. The Regulations themselves can be found on: http://www.opsi.gov.uk/si/si2005/20053468.htm Source: www.opsi.gov.uk (accessed 05/01/06) JPD with NQA offer a variety of Environmental Management courses, for more information visit our website www.jpd.co.uk or call one of our training advisors on 0870 438 2573.

     

    ISSUE : January 2006

    REACH political agreement

    Member States achieved political agreement on the Registration, Evaluation and Authorisation of Chemicals (REACH), the new chemicals regulation, at the Competitiveness Council in December. It paves the way for the Council and the European Parliament to deliver a final joint agreement next year. In a joint statement, Lord Bach, who represented the UK in the negotiations, and Lord Sainsbury, who chaired the Council, said: "We are delighted that these long-running Council negotiations on REACH have been brought to a successful conclusion. The agreement achieved here today offers the opportunity to achieve proper protection of humans and the environment whilst maintaining the competitiveness of European industry?. "REACH will provide the tools necessary to provide detailed information on some 30,000 substances used in the EU, while strengthening the controls covering the substances of most concern. This will allow for a huge leap forward in our awareness of the impact of chemicals and other substances and so ensuring the highest level of protection for European citizens. At the same time, the changes made by the Council significantly reduce the burden on SMEs and put further measures in place to encourage data sharing and minimise testing."

    The key changes agreed by the Council to the Commission's original proposal are:

    Registration
    Reduced information requirements on 1-10 tonne substances, except for substances presenting clear risks (e.g. classified as dangerous and having a wide dispersive use in consumer applications) Increased scope for waiving of tests for 10-100 tonne substances on grounds of minimal exposure Requirement for registrants of same substance to share core data, allowing costs to be spread and duplicate testing avoided.

    Evaluation
    New EU chemicals Agency given responsibility for co-ordinating and driving forward dossier and substance evaluation.

    Authorisation
    All authorisations to be subject to review Greater encouragement for companies to seek safer alternatives

    Scope
    Waste exempted entirely from REACH Minerals, ores, concentrates and several other substances and categories of substance exempted from registration and evaluation Commission to review scope of registration and evaluation (annexes II and III) within 12 months of REACH implementation

    Downstream users
    Potential requirement to produce a chemical safety report limited to substances used by a downstream user above 1 tonne per year The only significant difference between the Council and the Parliament at this stage is over authorisation. Both the Council and Parliament have voted to strengthen authorisation, but the Parliament has gone further than the Council by requiring 5 year reviews for all authorisations (the Council proposes that reviews be set on a case-by-case basis), and by providing greater restrictions on the possibility of substances being authorised on the basis of adequate control.

    The Council and the Parliament will now undertake a Second Reading of REACH in 2006, in consultation with the Commission, through which all three institutions will seek to agree a final package. Source: www.defra.gov.uk (accessed 05/01/06)

     

    ISSUE : January 2006

    DTI officially confirms new delay in WEEE Regulations

    DTI have announced further delays in the implementation of the WEEE Regulations following a special meeting at the DTI. Here it was decided that current proposals were unacceptable for new regulations bringing in the WEEE Directive, which will require manufacturers to pay for collecting and recycling waste electronics. Although the DTI has not provided any firm dates for the length of this latest delay, the Department did officially confirm details that there is to be a fresh consultation in the Spring on how the UK will adopt the Directive. The WEEE Directive will require producers to pay for treatment and recycling or recovery of all household WEEE products collected from designated collection points, as well as all business WEEE.

    Retailers will have an obligation to offer take-back services to householders and will be providing a network of collection facilities where consumers can take back their WEEE for it to be collected separately from other municipal waste. The Directive was supposed to have come into force in the UK in August 13, 2005, but the UK government has had trouble finalising a set of regulations that business is happy with. Its decision to delay the regulations once again will have been flavoured by the multi-million pound costs involved in helping local authorities to deal with WEEE under the hazardous waste regulations.

     These regulations came into force when the WEEE regulations were originally supposed to be in place, but the delay to the WEEE regulations means councils pick up the costs of dealing with WEEE rather than producers. The DTI said today that it would continue to work with local Authorities to establish the costs associated with the decision to undertake this review. Additional regulations on the permitting of WEEE recycling facilities are to be made by DEFRA, but the DTI said they would come into force alongside the producer responsibility requirements of the DTI WEEE regulations.

    The decision to delay the WEEE regulations is being supported by the Environment Agency. Source: www.defra.gov.uk (accessed 06/01/06) JPD with NQA offer a variety of Environmental Management courses, for more information visit our website www.jpd.co.uk or call one of our training advisors on 0870 438 2573.

     

    ISSUE : January 2006

    Ensure your waste carrier is registered!

    The Environment Agency's has encouraged householders and business to use the new 'online waste register' can be used to double check that their waste carrier is authorised and legitimate. As detailed previously, new regulations place a Duty of Care on every household to ensure that contractors removing their rubbish are registered companies. Households failing to undertake this duty will face fines of up to £5,000.

     This applies to rubbish not removed by local councils. Companies and households can log on to http://www.environment-agency.gov.uk/publicregister and search by postcode, town or company to check whether your waste carrier is registered. If the company claims to be registered, telephone the Environment Agency on 08708 506506 and request an instant Waste Carrier Validation Check.

    Source: www.environment-agency.gov.uk (accessed 05/01/06)

     

    ISSUE : January 2006

    No food waste ban

    A proposed European ban on the disposal of foodstuffs to landfill will not be introduced for at least another 12 months. The ban on former foodstuffs (such as cooked foods containing meat, fish or animal derivatives) was due to be implemented on December 31 2005 as part of the Animal By-products Regulations. However, the European Commission in a new draft regulation on the handling of former foodstuffs, published its intention to extend the derogation until January 31 2007.

    Source: www.euractive.gov.uk (accessed 05/01/06)

     

    ISSUE : January 2006

    No increase in EC Battery recycling targets

    The European Parliament has thrown out proposals to increase recycling targets set out in the forthcoming EU Battery Directive. The second reading of the Directive, which seeks to make battery manufacturers responsible for collecting and recycling waste batteries, saw MEPs holding fast to recycling targets agreed by Member States. The decision means that the collection rate targets will remain at 25 per cent of portable batteries within six years of the Directive's implementation and 45 per cent within ten years, in line with the recommendations of the European Council of Ministers. In other areas, the Parliament agreed with the Council for bans on batteries containing more than 0.0005% of mercury and 0.002% of cadmium. A proposal for an additional ban on batteries containing more than 0.004% of lead was dropped.

    For the UK, the government is thought to consider that to achieve a 25% recycling rate virtually every possible collection route, from schools to kerbside collections will be needed. Costs of such schemes will have to be met by battery producers as the directive is a producer responsibility measure.

    Source: www.letsrecycle.com (accessed 05/01/06)

     

    ISSUE : January 2006

    Waste Watchers

    The NICEIC Group is working with the Environmental Agency (EA) on reviewing integrated pollution prevention control permits. Integrated Pollution Prevention and Control (IPPC) is a system following the European Community directive which will introduce a more integrated approach to controlling pollution from industrial sources across England and Wales. Many companies are required to hold a permit issued by the EA. Those in possession of a permit must ensure: - all appropriate preventative measures are taken against pollution, in particular through application of best available techniques. - no significant pollution is caused. - waste production is avoided and, where waste is produced, it is recovered. Where that is not possible it is disposed of in a way that produces the least impact on the environment. - energy is used efficiently. - measures are taken to avoid accidents and limit consequences. - necessary measures are taken on the closure of an installation to avoid any pollution risk and return the site to a satisfactory condition.

    Current work includes assisting companies active in both the organic and inorganic chemical sectors. Once a permit has been granted, IPPC operators have significant responsibility for monitoring emissions and supplying the regulator with data required to check compliance with the permit. The regulator has to undertake independent monitoring and inspections of the installation to check compliance with the set emission limits. Companies that need to comply with the regulations must have an environmental management system such as ISO 14001. The EA reduces the fee that is charged for those companies holding any third party accreditied certificates.

    For more details on Environmental Management courses offered by JPD with NQA visit our website by clicking the link on the right hand side, or alternatively contact one of our training advisors on 0870 438 2573. (Taken from NQA Reporter, Autumn 2005)

     

    ISSUE : January 2006

    Controls on waste extended to cover activities regulated under PPC

    The Environmental Protection Act 1990 (Amendment Of Section 57) (England And Wales) Regulations 2005, SI No. 3026 were laid before Parliament on 1st November and came into force on 22nd November. The Regulations widen the scope of the power of direction in section 57 of the Environmental Protection Act 1990, from the holders of waste management licences to the holders of permits under the Pollution Prevention and Control (England and Wales) Regulations 2000 which authorise the disposal or recovery of waste. This includes landfills, waste incinerators and some cement kilns. Section 57 includes a power on the Secretary of State to be able, by notice in writing, to direct the holder of any waste management licence to accept and keep, or accept and treat or dispose of, controlled waste at specified places on specified terms.

    The amendments to the section 57 power of direction are required because currently the power may only be applied to holders of waste management licences, and only applies to controlled waste. As all landfills and most other major waste activities are now regulated under PPC, the power needs to be extended. Source: www.opsi.gov.uk (accessed 16/12/05)

     

    ISSUE : December 2005

    Defra consulting on revised guidance for LA-PPC activities

    November saw the issue by Defra of several consultations relating to revised Process Guidance Notes¢‚¬? for Part A2 and Part B activities regulated by local authorities under the Pollution Prevention and Control Regulations 2000. These are summarised below. IPPC SG2 for the glassmaking sector Comments are invited on a draft second edition of the guidance on the best available techniques for minimising pollution from glassmaking installations. The Consultation was issued on 30th November and the Deadline for responses is Wednesday 8 February 2006. Further information can be found at http://www.defra.gov.uk/corporate/consult/sg2-glassmaking/index.htm. PG 6/34 (A) (05) - The original coating of road vehicles and trailers and PG 6/34 (B) (05) - Respraying of road vehicles Comments are invited on proposed revised guidance on original coating of road vehicles and trailers and respraying of road vehicles in the light of directive 2004/42/CE limiting solvents in certain paints and varnishes and vehicle refinishing products (the Paints Directive?).

    The Consultation was issued on 21st November and the Deadline for responses is 16 January 2006. Further information can be found at http://www.defra.gov.uk/corporate/consult/paint-respray/index.htm. IPPC SG1 for the particleboard, oriented strand board and dry process fibreboard sector Comments are invited on a draft second edition of the guidance on the best available techniques for minimising pollution from particleboard, oriented strand board and dry process fibreboard installations.

    The Consultation was issued on 11th November and the Deadline for responses is Friday 20 January 2006. Further information can be found at http://www.defra.gov.uk/corporate/consult/sg1-particleboard/index.htm Source: www.defra.gov.uk (accessed 16/12/05)

     

    ISSUE : December 2005

    New Regulations to implement RoHS Directive

    The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2005? were Laid before Parliament on 7th October and will come into force on 1st July 2006. The Regulations implement the EC Directive that effectively bans the use of mercury, lead, cadmium, hexavalent chromium and two families of brominated flame retardants - polybrominated biphenyls (PBBs) and polybrominated diphenyl ethers (PBDEs) - in new equipment from 1 July 2006. Products covered by the legislation include household appliances, IT and telecommunication equipment, consumer electronic products, power tools, toys, lighting and vending machines. Spare parts sold after July 2006 are excluded.

    The maximum concentration values permitted for the presence of the banned substances in components or materials will be 0.01% of total weight of equipment for cadmium and 0.1% for the other substances. The Regulations will require an Amendment take account of the European Commission’s decisions, announced after the regulations were issued, to exempt deca-BDE from the ban and to agree additional exemptions for certain uses of lead and cadmium.

    The new Regulations can be accessed from: http://www.opsi.gov.uk/si/si2005/20052748.htm.

    Source: www.opsi.gov.uk (accessed 11/11/05)

     

    ISSUE : December 2005

    Hazardous Waste - Changes to Consignment Notes

    A seven-step process for producers of hazardous wastes has been published by the Environment Agency (EA). As outlined in previous editions of PLUS, the new Hazardous Waste Regulations 2005 and the List of Wastes Regulations 2005 came into force on 16th July 2005. Among other requirements, the regulations stipulate conditions for notification to the EA of site and waste movements, as well as controls on movements and the inclusion of new materials to hazardous wastes classification. The new EA guideline aims to clarify the process for consignment of hazardous waste. The seven-step process is: 1. decide whether the waste being moved is hazardous 2. obtain a new consignment note 3. assign a unique consignment code to each movement of waste 4. collect, move or dispose of the waste 5. save all the consignment notes used 6. provide quarterly returns, as a summary of the consignments of waste received 7. pay the invoice sent by the EA.

     Details on the seven-step process can be found at: http://www.environment-agency.gov.uk/subjects/waste/1019330/1100728/1189875/?version=1&lang=_e Source: www.environment-agency.gov.uk (accessed 11/11/05)

     

    ISSUE : December 2005

    Consultation on Greenhouse Gas ETS Regulations

    In addition to the new amendment detailed above, Defra has launched a consultation on the first amendment to the Greenhouse Gas Emissions Trading Scheme Regulations 2005 (SI 2005 No.1387). The consultation seeks views on proposed amendments to the regulations with respect to: missing and late installations entering the EU emissions trading scheme (ETS) after publication of the UK’s National Allocation Plan (NAP) the surrender of permits powers to delay the issues of allowances registry charges access to information available under the EU ETS for the national emissions inventory. Defra says the draft regulations will improve the accuracy and consistency of greenhouse gas emissions reporting at both a national and an installation level, where emissions information holds real financial value. The regulations are also aimed at clarifying the position with regard to use of EU ETS data and streamlining data requests from industry. The closing date for responses to the consultation is 16 January 2006. See http://www.defra.gov.uk/corporate/consult/etsregs05-amend1/index.htm for further information. Source: www.defra.gov.uk (accessed 11/11/05)

     

    ISSUE : December 2005

    New Building Regulations to tackle climate change

    The Government has revised and published the Building Regulations 2000 to implement measures to make buildings more energy efficient and tackle climate change. The regulations, which will come into force in April 2006 and implement the EU Directive on Energy Performance in Buildings, have laid revisions that include: Ventilation conservation (Part F) Fuel and power conservation (Part L) However, houses having significant extensions have not been taken into account within the regulations and will be reviewed along with the policies to tackle existing dwellings. The new measures to make buildings more energy efficient should save one million tonnes of carbon per year in 2010 from buildings constructed from 2006 under the new regulations.

    For more information, visit: http://www.odpm.gov.uk/stellent/groups/odpm_buildreg/documents/page/odpm_breg_040269.hcsp Source: www.defra.gov.uk (accessed 12/10/05)

     

    ISSUE : December 2005

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