Slide 1
Content
• A brief history of English environmental law• Overview of legal changes since last year• ISO 14001• Pollution Prevention Guidance Notes (PPG's) • Waste• Environmental Permitting• Climate Change and Energy • Water Environment• Air Pollution• Habitats• Land• Nuisance• Q&A
Slide 2
Greenwash
• Virgin: ‘Our Pendolino trains emist 76% les CO2 than cars or domestic flights’
• Bottled water: contains “300% more oxygen”
• Manchester Airport pledge to become carbon neutral– Excluding flights
• Fiji water: “Every drop is green”
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Business Risks
• Being sued• Being prosecuted• Temporary closure• Losing reputation• Short-term
investment• Raw material supply• Approved lists
• Attracting staff• Unnecessary
expenditure• Missing opportunities• Clean-up costs
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Am I bovvered?6
• The London Nightclub ‘Ministry of Sound’ routinely puts up illegal advertising on lamp-posts, walls etc (known as ‘flyposting’).
• Enforcement action is routinely taken against them.
• Why do they continue to do it?
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• Offence of illegal advertising (TCPA 1990)
• Under section 224(3) of the Town and Country Planning Act 1990, a person is guilty of an offence if he displays an advertisement in contravention of regulations made under section 220 of that Act. The penalty for the offence is level 4 on the standard scale (currently £2,500), plus a further daily fine of one-tenth of this amount (i.e. £250) for each day that the offence continues.
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ISO 14001 in 2015
the committee draft is now out for consultation
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14001 in 2015. Proposed changes
• integrate EMS into business processes• organisations shall consider impacts across value chains• stronger senior management commitment• stronger emphasis on environmental opportunities• organisations shall embed environment into their strategic
plans• identify stakeholders and their needs• determine external environmental risks which could impact an
organisation• control or influence the significant enironmental impacts of
products over their lifecycle
• = more strategic, outward looking, more valuable
• Final version in 2014
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Historic Regulation of Pollution11
Air Local
Authority, Pollution
inspectorate (HMIP)
Water National Rivers
Authority (NRA), Sewerage companies
LandNuisance,
Local Authorities
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Environmental law12
Driving
or
Reflecting change?
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International Treaties and obligations – some examples
13
• Sustainability– Rio
• Climate change– Kyoto
• Ozone depleters– Vienna / Montreal / Beijing
• Transport of toxic waste– Basel Convention
• Persistent Organic Pollutants (POPs)– Rotterdam
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Rio Treaty14
• Precautionary Principle• Polluter Pays Principle• Public Participation & Risk Communication• Environmental Assessment
– Environmental Impact Assessment
– Strategic Environmental Assessment
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What do I do?
• Wash down the drain?• Discharge to the river?• Absorb with sand and
dispose to landfill?• Allow to evaporate?
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Integrated approach:Best (for the environment) Available Technique Not Entailing Excessive Cost (to the business)
BATNEEC
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BAT17
• Best– For the environment
• Available– Invented, or could be adapted– May need to import– Not ‘available’ if cost far outweighs benefit
• Technique– process, method of working, equipment and tools,
staff competence etc
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BAT18
• Consider: – current state of technical knowledge, – requirements of environmental protection, – Cost/benefit analysis – the nature, extent and effect of the emission
– the nature and age of the existing facilities
and period of use – costs of improvements & economics of the
activities
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Best Available Technique
• A biodigester ‘ferments’ plant and animal material (plant waste, manure etc) using methane & other products to generate energy.
• You are the Environmental Regulator. What questions do you need to answer before allowing a bio-digester to be built?
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How we regulate
“The Environment Agency is the most important environmental regulator in England and Wales. Our work involves the following functions:
• Authorisations• Giving advice• Inspection and monitoring• Enforcement”
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Local Authorities21
• ‘Local Air Pollution Prevention & Control’• Statutory nuisances, including
– Noise
– Smoke and fumes
– Accumulations & deposits
– Odours
• Contaminated Land
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• English Heritage– Custodian of historic monuments. Chances are, if
the building has a roof, then the National Trust will be the custodian instead
– Designating buildings; advising planning authorities
• Natural England– Conservation of wildlife, geology and wild places
– Grants, licences, managing NNRs and SSSIs
Slide 23
• What civil sanctions are• Unlike prosecution, civil sanctions are imposed or accepted by us.
There are six types of civil sanctions:• Compliance notice - a regulator's written notice requiring actions to comply
with the law, or to return to compliance, within a specified period• Restoration notice - a regulator's written notice requiring steps to be taken,
within a stated period, to restore harm caused by non-compliance, so far as possible
• Fixed monetary penalty - a low-level fine, fixed by legislation, that the regulator may impose for a specified minor offence
• Enforcement undertaking - an offer, formally accepted by the regulator, to take steps that would make amends for non-compliance and its effects
• Variable monetary penalty - a proportionate monetary penalty, which the regulator may impose for a more serious offence
• Stop notice - a written notice which requires an immediate stop to an activity that is causing serious harm or presents a significant risk of causing serious harm.
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Civil sanctions are available for offences under the following regulations:
• Control of Pollution (Oil Storage) (England) Regulations 2001• Environment Act 1995• Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous
Substances) (England and Wales) Regulations 2000• Hazardous Waste (England and Wales) Regulations 2005• Hazardous Waste (Wales) Regulations 2005• Land Drainage Act 1991• Nitrate Pollution Prevention Regulations 2008 (England only)• Producer Responsibility Obligations (Packaging Waste) Regulations 2007• Salmon Act 1986• Salmon and Freshwater Fisheries Act 1975• Sludge (use in agriculture) Regulations 1989• Transfrontier Shipment of Waste Regulations 2007• Water Industry Act 1991• Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003• Water Resources Act 1991.
What civil sanctions are used for
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Pollution Prevention Guidance Notes (PPG’s) EA WEBSITE
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Updated in the last year
• Which PPGs have been updated which are relevant to your organisation?
New revisions due in the coming months
• What is due for review?
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March 2012
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Pollution Prevention Guidance Notes (PPG’s)
Each PPG gives advice on the law and good environmental practice, to help reduce environmental risks from business activities. PPGs:
•are used by enforcement staff to help customers when visiting businesses;
•provide up-to-date technical and legal compliance advice to help achieve consistent good environmental practice;
•are used to support compliance with permit conditions.
•They can be found here
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Waste RelatedProsecution reviewLegal framework 2013WEEE updateRoHS updateLandfill Tax
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A case study in good environmental management
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Waste Prosecution Examples
• Review of latest prosecutions from Environment Agency website
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Waste
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Waste35
• What is waste?• Any Substance or object which is discarded (or
is intended / required to be discarded). • Controlled waste
– (everything but domestic)
• Hazardous waste
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Waste Hierarchy36
• Prevent• Reduce• Re-use• Recycle• Composting• Energy Recovery• Responsibly dispose• Best Practicable Environmental Option
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Duty of Care37
• Environmental Protection Act 1990, and Regulations
• Applies to all Controlled Waste• 4 duties:
– Prevent illegal disposal, treatment, storage– Prevent escape– Transfer only to authorised persons– Provide a description
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Duty of Care: Prevent illegal handling38
• Producer responsible• Not sufficient to ensure that waste company is
licensed• Involves assessment of competence and
resources • Monitoring paperwork – can you trace all your
waste?• Training and awareness• Individuals may be prosecuted for fly tipping, even
if following employer’s instructions (new)
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Duty of Care: Prevent Escape39
• Secure all sites where waste is held – against …?
• Theft• Vermin• Vandalism• Accident• Arson
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Duty of Care: Transfer Only to Authorised Persons
40
• Must ensure that receiver is licensed – Appropriate for your waste
• See licence – photocopy not good enough• Check EA website (public registers)• Companies may move waste between their own
sites, e.g. to centralise collection– Safely!– But generally they may not dispose of it themselves
(e.g. bonfire) without a licence– register with the EA (£-free) if you regularly move
waste between your sites
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Duty of Care: Provide a Description41
• Waste Transfer Notes required for all movements by, or to, third party.
• 6 part form, to trace producer, carriers, transfer stations, final disposal.
• Use descriptions from the List of Wastes
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Waste Disposal42
• Landfill tax• ‘producer pays’ principal• Escalator – increasing prices over time• Designed to fund environmental projects …
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Hazardous Waste43
• Pose greatest risk of harm to environment and / or people
• ‘Harm’ =– Harm to health of living organism
– Interference with ecological system
– Offending peoples’ senses
– Harm to peoples’ property
• Listed in List of Wastes
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Hazardous Waste44
• Includes – PC monitors
– Fluorescent tubes
– Liquid chemicals
– Vehicle tyres
– Batteries
– Mobile phones
– Some clinical waste
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Hazardous Waste45
• Hazardous Waste Regulations 2005• Separation of hazardous from non-hazardous
waste• Separation of different types of hazardous waste • Very limited disposal options (~15 landfill sites
nationwide)
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Hazardous Waste46
• Producers to register with EA– Exemptions if they generate < 500 kg each year
• Waste handling companies may only collect hazardous waste from registered (or exempt) premises
• Hazardous Waste Consignment Notes (similar to Waste Transfer Notes)
• Keep copies 3 years
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Main England/Wales Regulatory Framework - 2013
Environmental Protection Act 1990 Part 2
• Section 34 Duty of Care – Code of Practice• Waste (England and Wales) Regulations 2011• Controlled Waste Regulations 1992 – as amended• List of Waste Regulations 2005 – as amended• Hazardous Waste Regulations 2005 – as amended• Environmental Permitting Regulations 2010 - as amended
Control of Pollution (Amendment) Act 1989
• Controlled Waste (Registration of Carries and Seizure of Vehicles) Regulations 1991 – as amended
Environment Act 1995 - Part 5 - producer responsibility
• Producer Responsibility (Packaging Waste) Regulations 2007 – as amended
• WEEE Regs 2006 – as amended• End of life vehicles 2003 – as amended• Batteries 2009
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The Waste (England and Wales) Regulations 2011 Waste Transfer Notes
• Declaration on transfer note (or consignment note for hazardous waste) that the waste management hierarchy has been applied.
• Include 2007 Standard Industrial Classification (SIC) Codes
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Waste Transfer Notes 2013
Available from
http://www.environment-agency.gov.uk/static/docu
ments/Business/Waste_transfer_note_e-
form.pdf
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What is SIC 2007? It’s the latest version of the Standard Industrial Classification which was last revised in 2003. It’s a numerical classification that identifies company principal business. The new classification system was adopted by the UK on 1st January 2008. SIC 2007 Full List
SIC 2007 Description
01110 Growing of cereals (except rice), leguminous crops and oil seeds
01120 Growing of rice
01130 Growing of vegetables and melons, roots and tubers
01140 Growing of sugar cane
01150 Growing of tobacco
01160 Growing of fibre crops
01190 Growing of other non-perennial crops
01210 Growing of grapes
01220 Growing of tropical and subtropical fruits
01230 Growing of citrus fruits
01240 Growing of pome fruits and stone fruits
The Waste (England and Wales) Regulations 2011SIC Codes
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Controlled Waste (England and Wales) Regulations 2012Who will the Controlled Waste Regulations 2011 affect?
•The regulations are be of interest to local authorities.
•They revoke the 1992 regulations.
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Controlled Waste (England and Wales) Regulations 2012What are the changes? •These include:•giving local authorities the power to charge for the disposal as well as collection of waste from non-domestic properties •reclassifying waste from certain properties as commercial and not household waste •retaining local authorities’ discretion to decide when to charge depending on local circumstances
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Controlled Waste (England and Wales) Regulations 2012• providing free disposal to charity shops
and reuse organisations • retaining local authorities’ duty to
collect waste from certain organisations for public health protection
• restructuring the controlled waste regulations to make them easier to use
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Waste (England and Wales) Regulations 2011
• From the end of 2013 an organisation will need to register with the EA as a lower tier carrier if it regularly carries controlled waste produced by its own business
• Registrations will be valid indefinitely and there is no fee for registering
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The Packaging (Essential Requirements) Regulations 2003 – as amended
• Apply to those who: – produce packaged products
– design or specify packaging
– import packaged goods or filled packaging into the UK
– sell packaged goods or filled packaging
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from “Making the most of packaging” DEFRA
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The Packaging (Essential Requirements) Regulations 2003 – as amended
• Minimise (weight and volume)• Allow packaging to be recovered• Design to be recycled, have energy recovered
from it, or be composted or reused. • Design for reuse• Consider impact on the environment after
disposal• Minimise hazardous substances
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Packaging – producer responsibility58
• Threshold: 50 tonne; £2 million t/o• Applies to:
– Packaging manufacturer (and material manufacturer)
– Filler of packaging (putting goods or products into packaging)
– Seller of packaged goods to the end user
– lease or hire out packaging, such as pallets
• Does not apply to:– Final user of packaged goods
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Packaging – producer responsibility
• Actions– Measure packaging imported or used (unless you are
final user)– Register with EA or Compliance scheme– pay for the recovery and recycling of certain
amounts of packaging waste – provide evidence to your environmental regulator,
using packaging recovery notes – provide information to your customers about:
• reusing, recovering and recycling packaging
• the collection facilities available to them.
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Proportional packaging obligations
• raw material manufacturing 6%
• converting 9%
• pack/filling 37%
• selling 48%
• service providing 85%
• importing 100%*
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Waste Electrical & Electronic Equip
• WEEE• Suppliers required to remove and recycle
equipment that they replace - free• Suppliers also required to remove and recycle
equipment sold after August 2005 – free• Older equipment not being replaced must be
recycled – the owner pays
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WEEE (Waste Electrical and Electronic Equipment )
Review completed as part of red tape challenge. Consultation now underway
[2 more reviews are underway by BIS on Batteries and Packaging]
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Producer responsibility review plans to cut WEEE compliance costs
• The consultation has been broadly welcomed by producer compliance schemes (PCSs) and also trade associations.
The Joint Trade Associations (JTA) group comprises eight trade associations and four producer-led compliance schemes, collectively representing over 90% of all WEEE producer responsibility in the UK.
In an issued statement, the JTA said: "Last year, the Government's Red Tape Challenge concluded that producers were financing costs far higher than the true cost of compliance under the current WEEE regulations.
"The JTA are pleased that BIS has committed to addressing the key issues that are causing this through new WEEE regulations."
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Producer responsibility review plans to cut WEEE compliance costs
• simpler, lower cost registration option for medium-sized businesses and a second tier for all other producers (large producers)
• small producers spared from the costs of recycling (but will still need to register)
• The EA may see its role change to focus more on compliance schemes rather than individual producers, except where direct registration is an option.
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“WEEE 1” “WEEE Recast”What you must do as a Producer
/Manufacturer • Register with one of the UK Environment Agencies
• Join an approved Producer Compliance Scheme (PCS)
• Make information about the amounts of EEE placed on the market available to the PCS
• Mark all EEE placed on the market with the “crossed-out wheeled bin” symbol
• Make information available to treatment facilities
• Appoint an authorised representative in any other Member States in which you place product on the market
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“WEEE 1” “WEEE Recast”What you must do as a Distributor
• Provide information to consumers about the environmental impact of EEE and WEEE and about the separate collection of EEE
• Facilitate the take back of WEEE from consumers free of charge either by joining the UK Distributor Take-back Scheme or by taking back WEEE in-store on a „like for like‟ basis
• New - For retail outlets with an EEE sales area over 400m2, take back any small item of WEEE without an obligation to buy anything
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“WEEE 1” “WEEE Recast”Looking forward
• OJ Publication of new Directive occurred in 2012
• UK implementation consultation exercise early 2013
• Consultation will also bring in changes to make the operation of the UK system fairer & more transparent
• New UK Regulations will come into force in 2014
• New Guidance late 2013
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Further information
Slide 702.5.2
Restriction of the Use of Certain HazardousSubstances in Electrical and ElectronicEquipment Regulations 2006 (RoHS)
Large household appliances Small household appliances IT and telecommunication equipment Consumer equipment Lighting equipment Electrical and electronic tools Toys, leisure and sports equipment Automatic dispensers Electric light bulbs and to house light fixings
Lead
Mercury
Cadmium Hexavalent chromium
Polybrominated biphenyls (PBBs)
Polybrominated diphenyl ethers (PBDEs)
Restricts the Levels of :- Contained in :-
Put on the market in the EU
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RoHS (Restriction of Hazardous Substances in EEE). New guidance
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ROHS 1 to ROHS 2Restriction of Hazardous Substances in EEE
• RoHS - “The EU Directive on the Restriction of the use of certain Hazardous Substances in electrical and electronic equipment (EEE)”
• RoHS 2 – the new revised Directive 2011/65/EU replaced RoHS I on 2 January 2013
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ROHS 1 to ROHS 2Restriction of Hazardous Substances in EEE
ROHS 2 main changes
• Scope and scope exclusions • Definition of EEE • Restricted substances • Exemption procedure • Conformity assessment and CE marking - “Goods
Package” • Hard stop 22 July 2019 for non compliant product
Slide 74
ROHS 1 to ROHS 2Restricted Substances and Exemptions
• The list of restricted substances remains the same. Lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls polybrominated diphenyl ethers
• However a new exemption procedure has been introduced
Duration of the Exemptions • 5 years for Categories 1-7, 10 and 11 • 7 years for Categories 8 and 9
Renewal • Application to be made 18 months before exemption expires
• Commission to decide no later than 6 months before expiry date
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ROHS 1 to ROHS 2The ‘Goods Package’
All theses symbols and similar others IN
OUT
Slide 76
ROHS 1 to ROHS 2 What you must do as a Producer
/Manufacturer • design & manufacture conforming products
• compile technical documentation (Module A)
• prepare Declaration of Conformity
• CE mark the product
• mark product for traceability
• keep technical documentation for 10 years
• work with national authorities to demonstrate compliance or help to ensure compliance
• keep a register on non-conforming EEE
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ROHS 1 to ROHS 2 What you must do as an Importer
• ensure manufacturer has carried out their duties
• add your own name and details
• in the case of non-conforming EEE, take corrective action and inform authorities
• keep documentation for 10 years and if appropriate work with authorities to ensure compliance
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ROHS 1 to ROHS 2 What you must do as a Distributor
• act with due care in relation to requirements – check CE marking and documentation etc…
• keep non-conforming EEE off the market and inform manufacturer, importer and authorities
• work with national authorities to demonstrate compliance or help to ensure compliance
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ROHS 1 to ROHS 2 Restriction of Hazardous Substances in EEE
Forward Look
• Review the list of restricted substances• Review of scope and exclusion – by 22 July 2014 and, if
appropriate, propose additional exclusions
Slide 80
Further Information on WEEE & RoHS
EC websitehttp://ec.europa.eu/environment/waste/weee/index_en.htmhttp://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
BIS websitehttp://www.bis.gov.uk/policies/business-sectors/environmental-and-product-regulations/environmental-regulations
EP websitewww.europarl.europa.eu/news/public/default_en.htm
Slide 81
• Landfill tax will increased by £8.00 to £80.00 per tonne from the 1st April 2014
• A lower rate of landfill tax applies to less polluting wastes (inert waste). The rate is currently £2.50 a tonne and this rate will remain frozen in 2013/4.
Landfill Tax
Slide 82
Waste summary
• Summary of waste legislation that may impact your business
Slide 83
BatteriesEco design of energy-related productsEnd of life vehiclesFluorinated Greenhouse gasesPackagingROHS and WEEE (again)
Slide 84
REACH
• European Commission has announced that fees to SME’s for registering chemicals are to be reduced
Slide 85
Climate Change and Energy Related
OverviewCRCClimate Change AgreementsThe Energy ActRenewable Heat Incentive SchemeISO 50001
Slide 86
Climate Change- Overview
• There is an overwhelming scientific consensus that climate change is happening, and that it is primarily the result of human activity. There is now almost 40% more carbon dioxide in the atmosphere (390 ppm in Nov 2011) than there was before the industrial revolution, the highest level seen in at least the last 800,000 years.
• As a consequence, global average temperatures continue to rise. 2000–09 was the warmest decade on record, and 2010 matched 2005 and 1998 as the equal warmest year.
• The UK accounts for less than 1.5% of global greenhouse gas emissions, so has a clear national interest in ensuring that the world tackles climate change together. Climate change is a global problem, and it requires a global solution, but we have to play our part!
Source - The Carbon Plan: Delivering our low carbon future - December 2011
Slide 87
Carbon Reduction – the UK’s Commitment
• UK – The Climate Change Act 2008 sets legally binding emission reduction targets for 2020 (reduction of 34 percent in greenhouse gas emissions)
• By 2050 (reduction of at least 80 percent in greenhouse gas emissions), and introduces five-yearly carbon budgets to help ensure those targets are met
• As a result the UK Government had to put in place legislation to meet this requirement to become a low carbon economy. E.g. the CRC
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The CRC Energy Efficiency Scheme
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CRC Energy Efficiency Scheme Order 2010 (Climate Change Act 2008)
• Full title: “Carbon Reduction Commitment Energy Efficiency Scheme”
• For organisations below the threshold of EU-ETS
• All organisations with half hourly meter and exceeding 6 GWh must register
• This applies to all companies, partnerships, public bodies, charities and other incorporated bodies that have operations in the UK
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CRC - compliance
• Annual registration fee (currently £950 pa)• Provide detailed return• Nominate manager to oversee and ensure
compliance• Purchase allowances
• Cap and Trade GONE• League table GONE• Reward (and penalise)
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Changes to CRC from June 2013
• Abolition of the performance league table• Reduction in fuels form 29 to 2• CRC allowance surrender deadline extended
form June to Oct 2013• Minimum 2% threshold for gas• A full review of CRC effectiveness in 2016• Priority is to reinvest CRC payments as soon as
finances allow• Cap and trade gone.
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Climate Change Agreements
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Energy
94
• Climate Change Levy is simply a tax• Arises out of international commitment to reduce global
warming (Kyoto)– Tax, offset by reductions in National Insurance
Contributions– Varied rates, dependent on green house gas emission
rates of energy source– E.g. 0.182 p for gas, 0.524 p for electricity (all per kWh,
2013 rates), 1.172p/kg for LPG– Climate Change Agreements attract 90%(electricity),
60% (other fuels) discount (apply to energy intensive industries which agree targets for reducing emissions and improving efficiency)
Slide 95
The CCA scheme has been extended until 2023 and the existing 54 participating sectors will continue to be eligible for the scheme and the Levy discount.
This extension will provide industry with more certainty to invest in energy efficiency measures with longer payback periods.
The Climate Change Levy discount on electricity has been increased from 65% to 90% from April 2013 for CCA participants.
Climate Change Agreements
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The Energy Act 2011
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Energy Act 2011
The Act has three principal objectives: tackling barriers to investment in energy efficiency; enhancing energy security; and enabling investment in low carbon energy supplies.
•Green Deal•Private Rented Sector•Energy Company Obligation •Measures to enable low carbon technologies
Slide 98
What is the Green Deal?
Will allow you to get things like cavity wall insulation in your home, with no upfront cost.
Government initiative that aims to encourage consumers to make homes more energy efficient, without having to fork out money up front.
From October 2012 you will be able to get finance of up to £10,000 to help pay for energy saving measures. It is a market product that you can choose to take out, it is not a government grant and is not supported with money from government.
It means that rather than having to dip into your savings or take out loans to install insulation, solid wall insulation, double glazing or maybe a new boiler, you can take out long-term finance that will be attached to your home.
Slide 99
Private Rental Sector
• The Energy Act 2011 enables Government to regulate to help ensure the take up of cost effective energy efficiency improvements in the Private Rented Sector. Government’s intention is that:
– from April 2016, domestic landlords should not be able to unreasonably refuse requests from their tenants for consent to energy efficiency improvements, where financial support is available, such as the Green Deal and/or the Energy Company Obligation (ECO); and
– from April 2018, all private rented properties (domestic and non-domestic) should be brought up to a minimum energy efficiency standard rating
Slide 100
Energy Company Obligation (ECO)
• ECO will place one or more obligations on energy companies requiring them to generate a specific amount of credit by facilitating the installation of energy efficiency measures in homes in Great Britain before a set deadline.
• ECO has been designed to fit within the Green Deal framework and provide support, in the domestic sector, where Green Deal finance alone is not enough.
Slide 101
Measures to enable low carbon technologies
• The Energy Act 2011 extends existing Secretary of State powers to further develop offshore electricity generation
• The Act will remove barriers to the reuse of existing capital assets for carbon dioxide storage and transport, where they are suitable. It will allow National Park Authorities and the Broads Authority to generate and sell renewable electricity within specific constraints.
• Finally, it will also extend the Renewable Heat Incentive primary powers to Northern Ireland, enabling them to make their own regulations to incentivise renewable heat.
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Renewable Heat Incentive Scheme Regs 2011
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Renewable Heat Incentive Scheme Regs 2011
• Deigned to provide financial support to encourage a switch from fossil fuels for heating to renewables
• Heat from renewable sources currently 1% of total heat demand. Currently 49% of UK CO2 emissions is from heating
• Needs to rise to circa 12% to hit EU 2020 targets (15% renewable, all energy)
• Applies to businesses, individuals, communities
• If replace existing fossil fuel system with a renewable technology – could get paid a set amount a year as an incentive to reduce CO2 production
Slide 104
Renewable Heat Incentive Scheme Regs 2011
These Regulations, which apply to Great Britain, establish a renewable heat incentive scheme (“the scheme”) under which owners of plants which generate heat from specified renewable sources and meet specified criteria may receive payments at prescribed tariffs for the heat used for eligible purposes.
The following renewable heat technologies will be supported initially:•solid biomass and solid biomass contained in municipal waste (including CHP)•ground and water source heat pumps•geothermal (including CHP)•solar thermal (at capacities of less than 200 kWth)•biogas combustion (except from landfill gas but including CHP; at capacities of less than 200 kWth) •biomethane injection•
Slide 105
ISO 50001
Slide 106
• ISO 50001:2011 is the International Standard for Energy Management, released in June 2011 that replaces the British and European Standard BS EN 16001:2009.
• It provides the framework for optimizing energy efficiency in public and private sector organisations
• Requires establishing baseline, setting clear objectives to improve and identifying Energy Performance Indicators that have to be reported within the Management Review process.
ISO 50001
Slide 107
ISO 50001
• Although not prescriptive, it supports the general energy/GHG management hierarchy
Slide 108
Environmental Permitting
Slide 109
The Environmental Permitting (England and Wales) Regulations 2010
Reminder
• The Environmental Permitting (EP) regime aims to protect the environment while simplifying the regulatory system and minimising the administrative burden on the regulators and the operators of the facilities regulated under the regime.
• The Regulations transpose the provisions of 18 European Directives regulating emissions to air, water and soil; waste management and management of specific substances.
• Key modifications to Waste Exemption regimes – covered over previous two years
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Slide 111
• This consultation seeks your views on our proposals to amend the Environmental Permitting (England and Wales) Regulations 2010 to introduce a number of measures, namely to:
• Remove the requirement for waste businesses to have to secure planning permission for certain waste operations before an environmental permit can be issued;
• Provide a registration scheme for low risk discharges to groundwater from some Ground Source Heating and Cooling systems;
• Simplify requirements on regulators in maintaining twin systems of public registers containing information connected with permit determinations;
• Possibly transfer the handling of appeals under the Environmental Permitting Regulations 2010 by the Planning Inspectorate, under delegated powers from the Secretary of State and Welsh Ministers, to the environment jurisdiction of the First Tier Tribunal;
• Make a number of other miscellaneous proposals
Slide 112
The Environmental Permitting (England and Wales) Regulations Amendment Regs 2011 and 2012
• Allow the Environment Agency to use alternatives to prosecution
• Transfer responsibility from the Environment Agency to local authorities to regulate dust, odour etc from traffic travelling to and from landfill sites
• Remove from regulation waste-derived fuels that are no longer classed as waste before they are burned
• Make amendments to waste descriptions and codes for exempt waste operations
• Facilitate the development of anaerobic digestion (AD) plants
• Implement two articles of the EU Directive 2009/31 on carbon capture and storage (CCS).
Slide 113
The Environmental Permitting (England and Wales) Regulations Amendment Regs 2011
– radioactive substances exemptions
• In force 1 October 2011 - apply to England and Wales.
• introduce into schedule 23 a new set of exemptions from permitting of ‘radioactive substances activities’
• define ‘radioactive material’ and ‘radioactive waste’ and thereby clarify what is within scope and what is ‘out of scope’ of radioactive substances regulation
• adjust the categories of exempt radioactive waste that must be treated as ‘waste’ and subject to conventional waste regulation
• repeal the Radioactive Substances Act 1993.
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EPR standards114
• Process Guidance Notes• Sector Guidance Notes• Operational Risk Assessment (OPRA)
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Water Environment
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Water
• Controlled waters – Water Resources Act 1991/EP Regulations
2010– Anti-pollution Works Regulations 1999– Oil Storage Regulations 2001– Groundwater Regulations 2009
• Sewerage works– Water Industries Act 1991
• EPR• Statutory Nuisance (EPA)
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Water abstraction
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Case study: rainwater harvesting
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Water Related Prosecutions
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560 serious pollution incidents in a year• Environment Agency (EA) - pollution
prosecutions in 12 months to September 2012 exceeded its target.
• EA reveals that there were 530 serious and significant pollution incidents (category 1 and 2) in the 12 months to September 2012.
• The agency says that 40% of the incidents were from regulated facilities, and, of these, 70% were from waste management sites, 20% from the water industry, 5% from manufacturing and 5% from agriculture.
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Legislation Overview• Permit required to discharge Trade Effluent to a
Controlled Water under the Environmental Permitting Regs
• Consent to discharge Trade Effluent to the Public Foul Sewer required under the Water Industries Act.
• For both – its an offence to knowingly discharge to either media without Consent/Permit and an offence to allow unplanned discharges to reach either media
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Water Bill 2012
• What is its scope, and what does it mean in practical terms?
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Flooding and coastal erosion
• Climate change and rising sea levels?• The Marine and Coastal Access Act• What is the MMO?
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Work has begun on ISO 14046, Water footprint – Requirements and guidelines.
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Progress continues on ISO 14046, Water footprint – Requirements and guidelines
The standard would:• Deliver principles, requirements and guidelines for a water
footprint metric of products, processes and organizations, based on the guidance of impact assessment as given in ISO 14044
• Define how the different types of water sources (e.g., ground water) and water releases (e.g., grey water) should be considered, and how local environmental (e.g., dry/wet areas) and socio-economic (e.g., developed/developing countries) conditions should be treated
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Habitats and the environment
• Conservation of Habitats and Species Regulations 2010
• Natural Environment White Paper
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Contaminated Land
• DEFRA Environmental Protection Act 1990 Part 2A: contaminated land statutory guidance
• Contaminated Land (England) (Amendment) Regulations 2012
• Coventry City Council examples
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Polluter Pays
1.64
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1.65
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1.66
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1.67
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Air Pollution
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Air140
• Clean Air Act 1993 (CAA)– Emissions of dark smoke, chimney heights etc
• Environment Act 1995– Air Quality Standards
• Environmental Permitting– Emission permits
• Ozone depleters• Control of Pollution Act
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The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011• EC Regulation 1005/2009 on ozone depleting substances (ODS) (EC
Ozone Regulation) which came into force on 1st January 2010. The EC Ozone Regulation supersedes the previous regulation, EC 2037/2000.
• Offences by bodies corporate• 6.—(1) If an offence under these Regulations committed by a body
corporate is proved—
• (a) to have been committed with the consent or connivance of an officer; or
• (b) to be attributable to any neglect on the part of an officer,• the officer, as well as the body corporate, is guilty of the offence and liable
to be proceeded against and punished accordingly.
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F-GAS Qualification Reminder
• For the Servicing and Maintenance of Equipment:
(a)City & Guilds Certificate in Handling Refrigerants Scheme 2078(1).
(b) Construction Industry Training Board Safe Handling of Refrigerants (J01)(2).
(c) City & Guilds Level 2 Award in F Gas and ODS Regulations Scheme 2079-11: Category I or 2079-12: Category II.
(d) Construction Industry Training Board Safe Handling of Refrigerants J11: Category I or J12: Category II.
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Nuisance
• Common law nuisance: the importance of keeping the neighbours happy
• Statutory nuisance: the powers of the local authority
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Nuisance144
• Enforced by Local Authorities• Civil redress available.
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Statutory Nuisance145
• Environmental Protection Act 1990, and Regulations
• For action to be taken the nuisance complained of must be (or be likely to be):
• Prejudicial to people’s health
• or interfere with a person's legitimate use and enjoyment of land.
• This particularly applies to nuisance to neighbours in their homes and gardens.
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Statutory nuisances146
Any of the following that are deemed ‘harmful to health or a nuisance’
• State of premises • Smoke emissions (some)• Dust, steam, effluvia• Accumulation or deposit • Animal• Noise from premises or vehicles• Any other
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Noise147
• Control of Pollution Act 1974– Noise on construction sites
• Abatement Notices• Advanced Consents
– Noise Abatement Zones– British Standards
• BS 4142: Rating Industrial Noise• BS 5228: Noise and Vibration Control on Construction Sites
• Statutory Nuisance– Enforced by Local Authority
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Noise standards
• BS4142: 1997 - Rating industrial noise affecting mixed residential and industrial areas
• BS7445: 2003 - Description and measurement of environmental noise
• BS5228: 1997 - Noise & vibration control on construction and open sites
• BS6472: 2008 - Guide to evaluation of human response to vibration in buildings
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Noise standards (contd)
• ETSU-R-97 - The assessment and rating of noise from wind farms
• ISO 9613 - Acoustics - Attenuation of sound during propagation outdoors
• PPG24 - Planning Policy Guidance 24 - (Dwellings in noise sensitive locations)
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Litter150
• An offence to drop litter on public land, private land and into controlled waters. – Clean Neighbourhoods and Environment Act 2006– Fixed penalty notices
• Litter Clearing Notices – Served on businesses (or individuals) by Local
Authority
• LA can restrict distribution of flyers etc
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Planning POLICY FRAMEWORK
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Planning152
• Town and Country Planning Act• Planning Authorities consider pollution, nuisance
and other environmental impacts• Major developments will need an Environmental
Impact Assessment• Environmental Impact Assessment (EIA)• Strategic Environmental Assessment (SEA)
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Strategic Env Assessment153
• Used to consider proposed plans, policies and programmes
• Required for major projects• Incorporates environmental, social and
economic factors• There is a set format.
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Environmental Impact Assessment (EIA)154
–Required for specific types of installation• Eg chemical works, intensive agriculture etc
–Process for assessing environmetnal impacts and communicating them to• Authorities
• Public
–Requires a comprehensible summary
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Budget 2013
• nothing new on renewables• "creating a low-carbon economy should be done
in a way that creates jobs – not costs them“• tax breaks to encourage shale gas development
in the UK• potteries to be exempt from climate change levy• 2 new company car tax bands for electric
vehicles
Slide 156
Budget 2013
• DeFRA and DECC budgets cut • £3bn extra for infrastructure projects
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A better service?
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Corporate Social Responsibility (CSR)161
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Life cycle analysis (LCA)162
• ‘Cradle to grave’ • All environmental impacts associated with
– Extraction and processing of raw materials– Transport – Manufacture– Supply– Use– Re-use/recycling– Recovery and final disposal
