Environment law update: Air pollution and integrated pollution control 6

United Kingdom

IPPC

Horizontal guidance on noise (H3) has been produced by the EA and SEPA. The guidance, which was produced after consultation with industry and other stakeholders, is in two parts. Part 1, ‘Regulation and Permitting’ is intended mainly for regulatory authorities. It incorporates many existing methods developed over previous years by local authorities and others and describes the interactions between IPPC and other legislation relating to noise. Part 1 also deals with the determination and drafting of permit conditions. Part 2 of the guidance ‘Noise Assessment and Control’ provides information on noise measurement and on the control of noise by design, operational and management techniques and abatement technologies. This guidance should assist in determining BAT for installations and is aimed at the regulator and at operators.
(EA, September 2002)

The EA has issued for consultation horizontal IPPC guidance on odour (H4). The draft guidance is in two parts. Part 1 deals with the regulation and the permitting of odour generating activities for regulators and applicants. It describes the information required when making an application for an IPPC permit, provides information about human responses to odours and the available tools and methodologies for assessing the environmental impact of odours. Part 2, ‘Odour Assessment and Control’ is designed as a background to Part 1. It describes odour sampling, measurement and assessment methods. The control of odours by a variety of operational techniques and abatement equipment is also described. The guidance is designed to be used in conjunction with the appropriate Sector Guidance Note to determine BAT. Comments on both documents were required by 6 January 2003.
(EA, October 2002)

Views have been gathered on the local authority component of the PPC Regime, the Local Authority Pollution Control Scheme. The draft guidance, issued by DEFRA, is designed to inform operators, local authorities and the public about the requirements of the scheme. It involves two components – local authority integrated pollution prevention and control (LA – IPPC) under which around 1,000 A(2) installations will be regulated and local authority pollution prevention and control (LAPPC) which will cover approximately 17,000 Part B installations which are subject to air only regulation. This is due to be launched in April 2003 and will require operators of the installations covered to obtain a permit to operate. The draft general guidance draws heavily on the guidance issued by DEFRA on A(1) PPC installations, regulated by the EA entitled, ‘Integrated Pollution Prevention Control: A Practical Guide, Edition 2’ published in June 2000. More specific sector guidance notes on what constitutes BAT for each of the main sectors will be consulted upon separately in the near future. All comments should have reached DEFRA by 31 December 2002. It is intended to issue the final guidance early in 2003.
(DEFRA, October 2002)

Local air quality management

A consultation paper has sought views on draft policy and guidance to assist local authorities with their duties under Part IV of the Environment Act 1995. The consultation period closed on 9 December 2002. The main proposed change to the policy guidance is to undertake air quality reviews and assessments in two steps involving an initial updating and screening step followed by detailed assessment to replace the previous three stage approach. Timescales for undertaking the second round air quality reviews and assessments are also revised. It is now proposed that reviews and assessments should be carried out every three years up to 2010. Furthermore, it is suggested that local authorities with air quality management areas should submit action planning progress reports for the intervening period between the reviews. In addition, the draft technical guidance document sets out the details of the approach to be taken in future rounds of reviews and assessments. Under the Environment Act 1995 local authorities have to review and assess the air quality in their area against air quality objectives for seven pollutants and where these are unlikely to be met, it must declare an air quality management area and draw up an action plan setting out the measures to remedy the situation.
(DEFRA, October 2002)

Air quality

The Air Quality (England) (Amendment) Regulations 2002 (SI 2002 No 3043) came into force on 11 December 2002. They amend the Air Quality (England) Regulations 2000 (SI 2000 No 928) by introducing a second air quality objective for benzene of 5 micrograms per cubic metre or less expressed as an annual mean to be achieved by 31 December 2010. The amending regulations also change the existing air quality objective for carbon monoxide to 10 milligrams per cubic metre or less, when expressed as a maximum daily running 8 hour mean.
(SO, 10 December 2002)

The Air Quality Limit Values (Amendment) Regulations 2002 (SI 2002 No 3117) have been made to implement an EU Directive relating to limit values for benzene and carbon monoxide in ambient air (2000/69/EC). The Regulations came into force on 10 January 2003 and amend the Air Quality Limit Values Regulations 2001 (SI 2001 No 2315) which implement the Air Framework Directive (96/62/EC) and a Directive relating to limit values for sulphur dioxide, nitrogen oxides, particulate matter and lead in ambient air (96/62/EC). The amendment, which applies only to England, adds benzene and carbon monoxide to the primary Regulations and sets limit values and details of sampling for these substances. The air quality targets for benzene and carbon monoxide set in the Directives are the same as, or less stringent than the UK’s existing objectives so, therefore, implementation will have little effect in the UK.
(SO, 16 December 2002)

Large combustion plant

The Large Combustion Plants (England and Wales) Regulations 2002 (SI 2002 No 2688) came into force on 27 November 2002. Made under the Pollution Prevention and Control Act 1999 these Regulations largely implement for England and Wales the Large Combustion Plant Directive (2001/8O/EC). The Regulations apply to combustion plant with a thermal output greater than 50MW, and it is aimed at reducing pollution from emissions of sulphur dioxide, nitrogen oxides and particles. They cover plant found in electricity generator stations, petrol refineries, steel works and other industrial processes burning solid, liquid or gaseous fuels. The Regulations define a substantial change in operation as the extension of a combustion plant by 50MW or more and also set out the requirements by which new plant subject to any authorisation or permit must comply with from 27 November 2002.
(SO, 28 October 2002)

The remaining provisions of the Large Combustion Plant Directive have been implemented in England and partly implemented in Wales by directions issued to the EA. The Environmental Protection (Combustion Plant) (England) Directions 2002 and the Pollution Prevention and Control (Combustion Plants) (England and Wales) Directions 2002 entered into force on 27 November 2002. These Directions obligate the EA to take the necessary steps to ensure that any authorisation or permit relating to a combustion plant includes the conditions required to comply with the Directive.
(DEFRA, 18 October 2002)

Air transport

The Royal Commission on Environmental Pollution (RCEP) has released a report expressing concerns over the environment impact of emissions from aircraft. It warns that such emissions form a major proportion of greenhouse gases released into the atmosphere. The report also criticises the Government for not acknowledging the problem. It says that short haul flights, including European journeys, make a disproportionately large contribution in their environmental impact and recommends a shift away from use of air transport to rail for such journeys. It goes on to say that instead of encouraging airport expansion, the Government should invest in a rail infrastructure that can deliver high speed UK and European journeys. The RCEP also express its disappointment that aviation emissions were not included in the Kyoto Protocol and recommends that they should be included in emissions trading scheme.
(RCEP, November 2002)

The Sustainable Development Commission (SDC), the Government’s independent sustainable development advisor, has published its response to the Department of Transport’s consultation paper on the future of air transport in the UK issued in July 2002. The SDC is critical of the Government’s approach of ‘predict and provide’ which it says does not take into account the balance of costs and benefits in plans for airport expansion. It also says that the consultation paper focuses on economic benefits of airport development and accepts that any adverse environment and social effects are a necessary cost of progress. In addition to concerns over climate change from increasing emissions from aircraft, the SDC’s response also voices concerns over noise and disturbance from air travel, and road congestion and air pollution around airports.
(SDC Press Notice, 28 November 2002)

Vehicle fuel

A total of £1 million is to be made available in grants to approved companies to convert petrol powered vehicles to liquid petroleum gas (LPG). The grants will be available in four rural areas, where petrol prices are highest. It is intended to boost the number of approved converters and supplement the £9 million already awarded by the Department of Transport under the PowerShift programme for 2002 to 2003 to encourage motorists to switch to LPG. The new £1 million fund will go to converters in the Highlands and Islands of Scotland, Mid and North West Wales, East Anglia and Cornwall.
(DTI Press Release, 15 November 2002)

OPRA

The EA has issued a consultation paper on Operator and Pollution Risk Appraisal (OPRA) containing proposals to link charges for environment permits to risks posed by industrial processes. The risks taken into account include the location, levels of emissions and complexity of the installation in addition to operator performance. Operators will have the opportunity to reduce their charges by demonstrating improvements in their environment performance. The closing date for the consultation is February 24, 2003.
(EA, December 2002)

Transport emissions

The European Commission has authorised a UK programme designed to reduce carbon dioxide emissions from the transport sector. The scheme, which is similar to an existing Dutch scheme, will be applicable until 31 December 2007. An allocation of around £3 million per year is expected to support a number of initiatives. These include improving logistical efficiency through reducing the number of miles driven, improvements in vehicle efficiency by reducing fuel consumption and disseminating knowledge.
(European Commission Press Release, 27 November 2002)

IPC

Views are being sought from stakeholders and a range of charge payers on proposals for changes to charge levels in the IPC charge scheme. The consultation paper issued by the EA outlines its strategy as reflecting a risk-based approach to regulation and passing on the benefit of efficiency savings to charge payers. Responses should have reached the EA by 22 January 2003.
(EA, November 2002)

Climate change

There is new evidence that the UK’s climate is becoming hotter. Analysis by the Met Office has found that the year 2002 is likely to be one of the warmest since records began in 1659. This is mainly attributed to mild temperatures between January and April 2002, although temperatures for the remainder of the year were nearer to average. Five of the six warmest years since 1659 have occurred since 1990. The year 2002 has also been the second warmest year worldwide since records began in 1860 with the global mean surface temperature around 0.5°C above the long term average. Nine out of the ten warmest years have occurred since 1990, widely believed to be due to human activities such as burning fossil fuels.
(Met Office Press Release, 17 December 2002)

Emissions trading

A Waste and Emissions Trading Bill has been published in Parliament. The Emissions Trading Component of the Bill puts on a statutory footing financial penalties for direct participants in the UK greenhouse gas emissions trading scheme who fail to comply with their emission reduction targets. It would also enable the provision of penalties for future trading emission schemes. Emission trading schemes are seen as an economic way to make reductions in pollutant emissions, by allowing reductions to be made where it is most cost effective to do so. The UK Emissions Trading Scheme was launched in April 2002 and was the first economy-wide greenhouse gas trading scheme in the world.
(House of Lords, 14 November 2002)

National Emission Ceilings

The National Emission Ceilings Regulations 2002 (SI 2002 No 3118) came into force on 10 January 2003. They implement the EU Directive relating to National Emission Ceilings for Certain Atmospheric Pollutants (2001/81/EC). The new Regulations require that from 2010 emissions of sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia do not exceed the amounts specified in the Regulations. The preparation of a programme for the progressive reduction of these pollutants is also required and public authorities will need to have regard to this programme when carrying out any functions which affect the levels of emissions of these pollutants.
(SO, 16 December 2002)

European Union

PPC

The European IPPC Bureau have published three more BAT Reference documents bringing the total number to 15. The new BREFs cover textiles, general monitoring procedures and intensive livestock farming. Under PPC, all installations operating should be using BAT by 2007. The textiles BREF is the most complex of the new documents, and includes substitution of certain chemicals in processing and waste minimisation through the automation of some processes. It also addresses pesticide use on crops used for textiles and the rearing of wool bearing animals.
(EU IPPC Bureau, November 2002)

Ozone depleting substances

The European Commission has proposed amending Regulation No. 2037/2000 on the critical uses and export of certain ozone depleting substances and products and equipment containing them. The proposal is seeking to establish a timeframe for the eventual phasing out of critical uses of halons when adequate alternatives are available. Another proposed amendment relates to restrictions on the export of products containing CFCs. As currently drafted, the Regulation applies to refrigeration and air conditioning equipment as well as to all other products and equipment containing insulating foam produced using CFCs. The Commission is now proposing to exempt from the regulations, products and equipment other than refrigeration and air conditioning equipment. A third objective of the proposal is to increase the level of control on bromochloromethane so that it is the same as for other controlled substances.
(COM (2002) 642, 21 November 2002)

Particulates

A research report has been published by the Apheis programme, a collaboration of WHO, the EU and many public health organisations, on the health impacts of particulate air pollution in 26 cities in 12 European countries during 2001. The report concludes that meeting the EU legislative target for PM10 of 20 micrograms per cubic metre by 2010 would prevent around 12,000 premature deaths annually in the cities. The target value was set in an EU Directive relating to limit values for particulate matter and other pollutants in ambient air (99/30/EC) which also imposes an intermediate PM10 limit of 40 micrograms per cubic metre by 2005. The study estimated that meeting the 40 microgram target would prevent 9 premature deaths per 1,000 population annually. The average PM10 concentrations found in the cities studied range of from 14 to 73 micrograms per cubic metre.
(Apheis, October 2002)

Ship emissions

A strategy to reduce the environment impact of ships has been adopted by the European Commission. The strategy includes a proposal to reduce the sulphur content of marine fuels used in the EU. Although there are sulphur limits for many fuels used in the EU, including marine gas oils and diesel oils used by ships in inland waterways and territorial waters and for inland heavy fuel oils and gas oils, there are no limits for the sulphur content of marine heavy fuel oils. As a result ships are now one of the biggest sources of sulphur dioxide pollution in the EU, and are estimated to be responsible for over 75% of all emissions including transport, combustion plants and heating engines. The proposal’s main provisions are a 1.5% sulphur limit for marine fuels used by all sea going vessels in the North Sea, English Channel and Baltic Sea and the same limit for marine fuels used by vessels on regular services to or from any port within the EU. It also calls for a 0.2% sulphur limit on fuels used by ships while they are at berth in ports inside the EU. As well as the sulphur proposal the strategy also sets out a number of other actions including reducing atmospheric emissions of air pollutants, greenhouse gasses and ozone depleting substances from sea going ships. Several pieces of EU and international legislation have led to a reduction in atmospheric pollutants in recent years from land based sources. However, sea going ships have been exempted from most of this legislation. As emissions from ships are now relatively high compared to land based sources, the EU see ships as offering scope for major reductions in emissions.
(COM (2002) 595, 20 November 2002)

Passenger cars

The European Commission has issued its latest report on the 1998 voluntary agreement with car manufacturers on average emissions figures for new passenger cars. The report shows that average carbon dioxide emissions from new cars in the EU have fallen by around 10% since 1995. The agreement involves a commitment from the European, Japanese and Korean car industry to achieve an average carbon dioxide emission figure for new passenger cars of 140g CO2/km by 2009. The Commission says that the European Association, ACEA and the Japanese Association, JAMA have shown satisfactory progress and are on track to meet their targets. However, it also says that the Korean car industries progress is unsatisfactory and there is a risk that it will not meet its 2004 intermediate target range of 170g/km.
(European Commission, December 2002)

Greenhouse gases

The European Commission has issued its third progress report on greenhouse gas emissions in the EU. Although it shows that the total greenhouse gas emissions were reduced by 3.5% in 2000 compared with 1990, the report suggests that with existing measures, the EU will not reach its 8% reduction target set under the Kyoto Protocol. Reductions achieved to date have mainly been due to Germany and the UK, while several other member states are far from meeting their domestic targets. The report also states that carbon dioxide emissions in the EU were 0.5% below 1999 levels, while methane and nitrous oxide emissions decreased by 16% and 20% respectively. Spain, Ireland and Portugal were singled out as not on track to reaching their domestic targets. Emission trends in the transport sector were identified as being of particular concern.
(COM (2002) 702, 9 December 2002)

Emissions trading

The Council of Ministers has reached a political agreement on a common position for an EU Directive for an EU wide emissions trading scheme. Aimed at bringing about reductions in greenhouse gas emissions in a cost effective manner, the scheme will initially include only carbon dioxide and should cover around 46% of member states’ total emissions of this gas in 2010. It will also cover around about 4,000 – 5,000 installations across the EU. Subject to changes by the European Parliament at its second reading, the common position agreed that the scheme should start in 2005, although individual installations or economic activities can be exempted until 2007, subject to approval by the Commission. However, one condition will be that opt outs of the scheme will have to fulfil the same emission reduction requirements as participating companies and installations. Another major provision is for member states to include additional sectors and other greenhouse gases from 2008, again subject to commission approval. The agreement will allow companies to pool their emission allocations until 2012, with all emission allowances free of charge initially, although in the later phase governments will be able to auction up to 10% of their allowances.
(EU Council, 10 December 2002)

International

Financial services industry

A report issued by the UN Environment Programme (UNEP) entitled, ‘Climate Change and the Financial Services Industry’ has warned that natural disasters caused by climate change are increasing and have the potential to bring about significant losses for the global financial sector. It goes on to say that too few financial companies are taking seriously the risks and opportunities posed by extreme weather events. The report cites the massive economic losses from flooding in Central Europe as a good example of the kinds of increasingly severe weather events anticipated by scientists as a result of climate change. Potential opportunities for the sector, such as engaging with emission trading schemes or supporting renewable energy are also outlined in the report.
(UNEP, October 2002)

Kyoto Protocol

The eighth conference of the parties to the UN Climate Change Convention concluded in November. The conference adopted the ‘Delhi Declaration’ which called for all countries to ratify the Kyoto Protocol as evidence of increasing effects of climate change due to man’s activity become more apparent. Such evidence includes recent flooding and extreme weather in many parts of the world. Around 170 countries attended the conference, which was designed to make technical progress on monitoring and increasing public awareness of climate change. The Delhi Declaration stressed that in addition to mitigating measures, high priority should also be given to adapting to the adverse impacts of climate change. One of the most successful outcomes of the conference was making the Clean Development Mechanism (CDM) fully operational. CDM is designed to encourage private sector investment into emissions reduction projects in developing countries.
(UNFCCC Press Release, 1 November 2002)

For further information please contact Paul Sheridan on +44 (0)20 7367 2186 or at [email protected]