Air pollution and integrated pollution control 10

United Kingdom

Air quality

2.1 The Air Quality (England) Regulations 2000 (SI 2000 No 928) came into force on 6 April 2000. Under Part IV of the Environment Act 1995, local authorities are required to review the quality of air within their areas and assess the likely future air quality during the "relevant period". These Regulations prescribe the "relevant period" and set out the air quality objectives to be achieved by the end of that period. Where any of the prescribed objectives are not likely to be met within any part of a local authority's area within the relevant period, the authority concerned will have to designate that part as an air quality management area. The Regulations cover benzene, 1,3-butadiene, carbon monoxide, lead, nitrogen dioxide, particulates and sulphur dioxide and replace the Air Quality Regulations 1997 to the extent that they apply to England. The Air Quality (Scotland) Regulations 2000 (SSI 2000 No 97) implement equivalent provisions in Scotland. (SO, April 2000)

Local air quality management

2.2 Four sets of guidance notes have been published by the DETR under Section 88 (1) of the Environment Act 1995. "Air Quality and Land Use Planning" replaces the 1997 guidance issued as LAQM.G4(97) and is directed at local authorities, in particular the planning, environmental health, economics development and transport planning departments. "Air Quality and Transport" replaces the 1997 guidance issued as LAQM.G3(97) and is designed to help local authorities determine how transport measures might help improve air quality. "Developing Local Air Quality Action Plans and Strategies: the Main Considerations" replaces guidance issued as LAQM.G2(97) and advises local authorities on the main issues to be taken into account in developing an air quality management area action plan and/or local air quality strategies. "Framework for Review and Assessment of Air Quality" replaces guidance issued as LAQM.G1(97) and should help local authorities review and assess local air quality and designate air quality management areas.(DETR, April 2000)

Air quality headline indicator

2.3 The Government's White Paper on sustainable development issued in 1999, "A Better Quality of Life", contained fifteen headline indicators of sustainable development. Air quality is one of these fifteen and figures were published in April showing improvements in air pollution in urban areas in recent years. The headline indicator reports that in 1999, urban air pollution was recorded as "moderate" or higher on 30 days which compares to 59 days in 1993. Pollution caused by UK activities fell to its lowest ever recorded levels, this success however was offset by increased ground level ozone, the majority of which comes from mainland Europe.(DETR News Release, 18 April 2000)

IPPC

2.4 Despite promises that the fourth consultation paper would be the final one, a fifth consultation paper on the Pollution Prevention and Control Regulations has been published by the DETR and is available on their website on www.detr.gov.uk. The Pollution Prevention and Control (PPC) regime implements the EC Directive on integrated pollution prevention and control (96/61/EC) and a framework enabling Act, the Pollution Prevention and Control Act 1999 came into force in the UK on 30 October 1999. The purpose of this fifth and final consultation paper is to make consultees aware of the content of the Regulations proposed to be laid before Parliament and to invite any additional comments. The paper also seeks views on the current boundary between Part A2 and B installations. Under the new regime, it is proposed that Part A2 installations are prescribed for local authority control, rather than the Environment Agency, with respect to emissions to air, land and water. Part B installations are prescribed for local authority control with respect to air emissions only. Should the consultation result in some installations being transferred between Part A2 and Part B, it is not intended to affect the content of the PPC Regulations, instead, an amendment to the final regulations will be made later in the year.(DETR, April 2000)

2.5 The DETR has published a report on the responses to the fourth consultation paper on the implementation of the EC Directive on integrated pollution, prevention and control (96/61/EC). Of the 182 responses, the bulk of these came from local government, trade associations and industry. Much of the fourth consultation paper dealt with proposals for long term charging schemes for installations. Most respondents commented that it was reasonable to set charges in accordance with the Treasury Fees and Charges Guide, as long as the charges only reflect the full cost of the service. Respondents commented that costs should no longer rise at a rate above inflation. Regarding proposals to use existing charging scheme formats, respondents from industry and local authorities felt that this type of scheme would provide consistency and prevent complications that could occur if a different scheme was introduced. Industry respondents saw no justification for processes to re-apply when converting from IPC to IPPC at a result of extra costs. Regarding the phasing-in timetable, several industry respondents commented that they felt that this approach would place UK industry at a competitive disadvantage to European rivals, who would not be required to comply with the IPPC Directive until 2007. (DETR, April 2000)

2.6 A consultation paper setting out proposals for an interim charging scheme for installations subject to Local Authority Integrated Pollution Prevention and Control (A2 installations) has been issued by the DETR. This suggests a structure for the charging scheme that will apply until April 2002 and the levels of fees and charges for the period to April 2001. Although the first group of LA-IPPC installations will not be phased in until 2002, any new or substantially changed installations which could have a significant negative environmental effect will be subject to the new regime immediately. (DETR, June 2000)

Sulphur in fuel

2.7 The Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000 (SI 2000 No 1460) came into effect on 27 June 2000 to implement the EC Directive on the sulphur content of certain liquid fuels (99/32/EC). The use of gas oil or marine gas oil with a sulphur content of more than 0.2 percent is an offence and this limit will be tightened to 0.1 percent from January 2008. From January 2003, heavy fuel oil containing more than 1 percent sulphur may not be used, subject to some exceptions. Corresponding regulations (SSI 2000 No 169) came into force in Scotland on 30 June 2000.(SO, June 2000)

Climate change

2.8 "Energy - The Changing Climate", the Royal Commission on Environmental Pollution's twenty second report, has warned that the UK must cut emissions of carbon dioxide by 60 percent within 50 years if the serious environmental problems caused by global warming are to be averted. The report makes many recommendations, including the introduction of a carbon tax, greater restrictions on aircraft and vehicles, more stringent building insulation standards, the creation of a sustainable energy agency, and the increased use of wind farms, solar power, wave energy and fuel crops. The publication of the report has been welcomed by the Government.(RCEP, June 2000)

2.9 The Advisory Committee on Business and the Environment's latest report, "Assessment of Joint Implementation and the Clean Development Mechanism - Potential Opportunities for UK Business", examines the mechanisms that may be used to meet the targets set under the Kyoto Protocol. The report makes a series of recommendations on the action the Government should take to ensure that the development and operation of these mechanisms is beneficial to business. The Government's response has also been issued.(DETR News Release, 26 May 2000)

2.10 A report, "Potential UK Adaptation Strategies for Climate Change", commissioned by the DETR, estimates that the action needed to strengthen coastal and river flood defences to withstand climate change could cost £1.2 billion over the next half century in England and Wales. The study has identified priority areas most likely to be affected by climate change over the next thirty to fifty years and some of the potential costs of dealing with those effects. Priority areas are water resources, flood protection, building and infrastructure, habitats and species and planning. A UK Climate Change Impacts Programme Report, "Climate Change - Assessing the Impacts - Identifying Responses", concludes that global warming will have to be considered by all decision makers in the future.(DETR News Release, 15 May 2000)

European Union

Air pollution

2.11 Agreement was reached at the June 2000 Environment Council meeting on the adoption of Common Positions on the proposals for a Directive on national emission ceilings for certain atmospheric pollutants and a Directive amending the Directive on large combustion plants (88/609/EEC). Together, these Directives will lead to significant reductions in levels of air pollutants: as currently drafted, the UK must reduce emissions of sulphur dioxide by 85 percent by 2010 compared to 1990 and achieve reductions of 59 percent, 55 percent and 10 percent for nitrogen oxides, VOCs and ammonia over the same timescale. The Council of Ministers agreed on the inclusion of existing plants in Directive 88/609/EEC, subject to some derogations.(European Commission News Release, 22 June 2000)

Air quality

2.12 An amended proposal for a Directive on limit values for benzene and carbon monoxide in ambient air has been published. This would be the second daughter Directive of the Framework Directive on ambient air quality assessment and management (96/62/EC) and sets limit values and alert thresholds for carbon monoxide and benzene. Under the proposals, where air quality is significantly worse than the proposed standards, Member States would have to adopt action plans to reduce emissions to ensure the standards are met. Harmonised methods for measuring pollution will be required. The amended proposal contains four changes formulated to bring the text of the proposal into line with the Directive relating to limit values for sulphur dioxide, oxides of nitrogen and nitrogen dioxide, particulate matters and lead in ambient air (99/30/EC). The amended proposal also clarifies "ambient air" as outdoor air only, within the Framework Directive. (COM(2000)223, 11 April 2000)

Transboundary air pollution

2.13 The European Commission has signed the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on heavy metals. The objective of the Protocol is to control emissions of heavy metals caused by anthropogenic activities that are subject to long-range transboundary atmospheric transport and are likely to have significant adverse effects on human health or the environment. The basic obligations under the Protocol are largely already contained within various pieces of Community legislation, including the Directive on integrated pollution, prevention and control (96/61/EC) and the Framework Directive on ambient air quality assessment and management (96/62/EC), with the proposed Directive on the incineration of waste to fill the remaining gaps. The Community can therefore approve the Protocol, under the condition that the approval does not take place earlier than the adoption of the proposed Directive on the incineration of waste. The Protocol is to be approved via a Council Decision, the proposal for which has been published.(COM(2000)177, 12 April 2000)

Vehicle fuel

2.14 The European Commission is asking for opinions regarding an appropriate level for the sulphur content of petrol and diesel in the EU. Future limits are being discussed as part of the Auto Oil Programme II which will eventually result in new legislation. The sulphur content of fuel is currently prescribed by Directive 98/70/EC.(European Commission, May 2000)

International

Emissions trading

2.15 Following the launch by the World Bank in January of this year of the first Prototype Carbon Fund (PCF), the Bank has closed its first subscription period with more money and corporate interest than anticipated. The scheme was launched to transfer finance and technology to developing countries to help them reduce greenhouse gas emissions and is a first attempt by the World Bank and participating governments and companies to experiment with the "flexible mechanisms" of the Kyoto Protocol. Fifteen companies including BP Amoco and six Japanese electricity utilities, together with six nations (Canada, Finland, Netherlands, Japan, Sweden and Norway) and US $135,000,000 in pledges have been attracted to the scheme so far.(The World Bank, April 2000)