ENVIRONMENTAL LEGISLATION APPLICABLE TO INDUSTRIAL GASES OPERATIONS WITHIN THE EU

Transcription

1 ENVIRONMENTAL LEGISLATION APPLICABLE TO INDUSTRIAL GASES OPERATIONS WITHIN THE EU Doc 108/14 Revision of Doc 108/03 EUROPEAN INDUSTRIAL GASES ASSOCIATION AISBL AVENUE DES ARTS 3-5 B 1210 BRUSSELS Tel: Fax: info@eiga.eu

2 Doc 108/14 ENVIRONMENTAL LEGISLATION APPLICABLE TO INDUSTRIAL GASES OPERATIONS WITHIN THE EU Disclaimer All technical publications of EIGA or under EIGA's name, including Codes of practice, Safety procedures and any other technical information contained in such publications were obtained from sources believed to be reliable and are based on technical information and experience currently available from members of EIGA and others at the date of their issuance. While EIGA recommends reference to or use of its publications by its members, such reference to or use of EIGA's publications by its members or third parties are purely voluntary and not binding. Therefore, EIGA or its members make no guarantee of the results and assume no liability or responsibility in connection with the reference to or use of information or suggestions contained in EIGA's publications. EIGA has no control whatsoever as regards, performance or non performance, misinterpretation, proper or improper use of any information or suggestions contained in EIGA's publications by any person or entity (including EIGA members) and EIGA expressly disclaims any liability in connection thereto. EIGA's publications are subject to periodic review and users are cautioned to obtain the latest edition. EIGA EIGA grants permission to reproduce this publication provided the Association is acknowledged as the source EUROPEAN INDUSTRIAL GASES ASSOCIATION AISBL Avenue des Arts 3-5 B 1210 Brussels Tel Fax info@eiga.eu

3 Table of Contents 1 Introduction Scope and purpose Scope Terminology and definitions Publication terminology Shall Should May and need not Will Can Definitions Environmental Aspect Environmental Impact Environmental Legislation Relevant to the Industrial Gases Industry General Environmental Aspects and Impacts and links to other EIGA documents Background EU Legislation Principals of EU legislation Strategy and Action programmes The Legislative Process Types of EU Legislation Scope of legislation Local and National Legislation Showing Compliance with new and existing legislation Tracking new EU legislation Consulting on new EU legislation Tracking information at each site or company Sources of information European Union Environmental Legislation applicable to Industrial Gases Operations References... 5 APPENDIX 1 EIGA DOCUMENT LINKS TO ISO APPENDIX 2 Legislation PERMITS... 8 APPENDIX 3 Legislation ENVIRONMENTAL MANAGEMENT... 9 APPENDIX 4 Legislation WASTE APPENDIX 5 Legislation AIR APPENDIX 6 Legislation WATER APPENDIX 7 Legislation NOISE APPENDIX 8 Legislation HAZARDOUS SUBSTANCES Amendments to 108/03 Section Change All Editorial to align style with EIGA Style Manual 3.1 Publication terminology added Delegated acts information added Sources of information expanded. 5 References section added and revised Appendices 1 Revised extensively to update information and references in the guide through 8 Note: Technical changes from the previous edition are underlined

4 1 Introduction This guide is confined to the discussion of environmental legislation that is originating from the European Union. Whilst there is a wide variety of environmental legislation in each member state the main driving forces come from the EU with over 400 legislative instruments put in place since Scope and purpose 2.1 Scope This document provides guidance on the European legislation concerning the main environmental aspects relevant to the Industrial Gases Industry. In all cases the relevant national legislation should consulted for the specific implementation in each country or region. 3 Terminology and definitions 3.1 Publication terminology Shall Indicates that the procedure is mandatory. It is used wherever the criterion for conformance to specific recommendations allows no deviation Should Indicates that a procedure is recommended May and need not Indicates that the procedure is optional Will Used only to indicate the future, not a degree of requirement Can Indicates a possibility or ability. 3.2 Definitions Environmental Aspect These are elements of an organization s activities, products or services that can interact with the environment Environmental Impact Any change to the environment, whether adverse or beneficial, wholly or partially resulting from an organization s environmental aspects. (Source: ISO 14001:2004 [1] 1 ). For example: the contamination of water with hazardous substances or the reduction of air emissions. 1 References are shown by bracketed numbers and are listed in order of appearance in the reference section 1

5 4 Environmental Legislation Relevant to the Industrial Gases Industry 4.1 General Environmental Aspects and Impacts and links to other EIGA documents This document covers in detail the legislation concerning industrial gases operations. There are a series of EIGA publications that provide more general details on environmental aspects, legislation for the gas industry and good operational, environmental practices. A list of these documents is provided in Appendix Background Each company and site needs to be aware of the relevant environmental legislation so that they can comply. In addition ISO [1] and European Eco Management and Audit scheme (EMAS) [2] requires that the organisation has identified applicable legal requirements (and voluntary initiatives such as Responsible Care ). The ISO [1] environmental management system states, in clause 4.3.1: The organization needs to establish and maintain a procedure to identify the environmental aspects of its activities, products or services that it can control or over which it can be expected to have an influence, in order to determine those that have or can have significant impacts on the environment. The management system procedures shall then be established to assess the requirements and ensure that they are implemented. There shall be a system in place to ensure that any breaches of legal requirements are identified and corrective actions put in place. 4.3 EU Legislation Principals of EU legislation The purpose of legislation is usually harmonisation of the laws to promote free trade and movement of goods under Articles 27 and 28 of the Consolidated version of the Treaty on the Functioning of the European Union [3], but this cannot be done at the expense of the environment. There are also community measures dealing with specific environmental issues under Article 191 [3]. The legislation sets policy and introduces common standards for the protection of the environment. The implementation is therefore up to the Member States. International agreements and conventions such as Montreal and Kyoto protocols, Basle convention etc. also influence EU legislation. The EU Commission sets the long term plans for the legislation, and the strategy. Prior to the formal publication of legislation the Commission produces discussion documents (green and white papers) to get feedback from industry and other stakeholders (NGOs, consumer groups etc.), and conducts public consultations Strategy and Action programmes The EU legislative programme is organised around strategic action programmes. These define the actions to be taken or the principals to be applied in a 5-7 year time period. Typical principals of the action programmes, include Polluter pays. Integration of Environmental considerations into other policy areas. Prevention is better than cure. No transfer across media, i.e. Air, Water, Land. Sustainable Development. 2

6 4.3.3 The Legislative Process The Commission proposes legislation. It is a non-elected body made up of nominated representatives from the member states. Major departments involved with Environmental legislation are DG Environment and DG Climate. The European Parliament is an elected body that has committees, which give opinions on the Commission s proposals, and in some cases, for example environmental issues, they have the power to veto commission proposals under the powers of co decision in the Amsterdam treaty. The Council of Ministers is made up of Member states representatives and has a veto on some issues such as taxation. The European Courts of Justice decides on points of EU law, though these normally come via the judicial process in each member state Types of EU Legislation There are three main types of EU legislation Directives are addressed to member states and the member states must implement them in their own legislation for them to have effect. Directives set the objectives and are binding as to the result to be achieved. Member States are thus required to interpret the Directives and give then the force of law in their own jurisdictions. Member States can go over and above the requirements of a Directive for reasons of enhancing environmental protection. Regulations are effective immediately in the member states with no implementing legislation necessary, for example the regulation on Ozone depleting substances Decisions are also effective immediately, and are mostly administrative decisions, for example the waste list. In addition the commission can adopt delegated acts A delegated act is a non-legislative act of general application adopted by the Commission to supplement or amend certain non-essential elements of a basic legislative act (EU Regulation or Directive) (Cf. Art. 290 of the Treaty [3]). For example: under the Biocidal Product Regulation (528/2012 [4]): adapt the definition of nanomaterial; specify the scientific criteria for determining endocrine-disrupting properties under the Seveso III Directive (2012/18 [5]): adapt Annex II (minimum data to be considered in the safety report) and IV (criteria for the notification of a major accident to the Commission) to technical progress under the Industrial Emissions Directive (2010/75 [6]): set the date from which continuous measurement of emissions of heavy metals, dioxins and furans into the air are to be carried out Scope of legislation Many of the regulations are written with a wide remit without an understanding about how they could affect specialised sectors such as industrial gases. This can lead to anomalies that need to be addressed at the appropriate point in the legislative process. The decisions on environmental issues are taken at many different levels. 3

7 4.3.6 Local and National Legislation The EU legislation is implemented in the National and local regulations. A timeframe is established to implement each Directive and this means that the Directives can be implemented with possible different interpretations and at a different time in each Member State. These regulations need to be followed at a minimum. 4.4 Showing Compliance with new and existing legislation Tracking new EU legislation The EIGA office gets the publications from the Commission (the Official Journal) directly and also has information from the working group experts, other trade associations (such as CEFIC, UNICE see ), EIGA members and associations, publications and monitoring services. This information is passed to the relevant working group, which decides if action is needed to produce guidance for the Members and tracks the progress. The working group process is described in the EIGA Working group experts guide (EIGA Doc 901 [7]) Consulting on new EU legislation Inputs into the legislation are possible at various steps in the process. The original drafting is usually done by the Commission and contact can be made with the officials involved or via other trade associations. However, it is sometimes difficult to identify how the more general framework legislation will be interpreted. Often the framework legislation is then developed further at EU level with standards, annexes or other documents. These are developed in conjunction with the experts from the member States so the input from National Associations or other EIGA members in those countries is a crucial part of the process. Often standards organisations such as CEN (see ) and ISO (see ) are not involved, which can make these documents more difficult to influence. The legislation is then transposed into national and local regulations in the member states. This can lead to different interpretations that also can be fed back into the European documents. Again the input from and communication with the EIGA members in these countries can be critical Tracking information at each site or company To identify and satisfy the relevant legal requirements and /or ISO [3] each company and site needs to establish a process to manage the legal information from EIGA and other sources. This should include regular communication of the requirements to the concerned employees (e.g. from regular bulletins, newsletters and electronic information) and update of relevant standards, procedures and training. It is important that any unexpected interpretation, different from the EIGA interpretation of European legislation is communicated back to EIGA Sources of information There are many sources of information on the regulations for International regulations and some useful web sites are given below Trade Associations and Non Government organisations EIGA European Industrial Gases Association CEFIC The European Chemical Industry Council BUSINESSEUROPE WBCSD World Business Council for Sustainable Development 4

8 UNESDA Union of European Soft Drinks Associations EUROFER European Steel Association FuelsEurope Refining and marketing industry in Europe AEGPL European Liquefied Petroleum Gas Association ECMA European Cylinder Makers Association European Law and Standardisation Euro-Lex EU law and other public EU documents, Official Journal of the EU eur-lex.europa.eu/ EEA European Environment Agency EIPPCB European IPPC Bureau eippcb.jrc.ec.europa.eu/ CEN European Committee for Standardisation International Law and Standardisation OECD Organisation for Economic Co-operation and Development UNEP United Nations Environment Programme ISO International Organization for Standardization European Union Environmental Legislation applicable to Industrial Gases Operations The attached tables in Appendix 2 provide a summary of the main European Environmental legislation that could impact Industrial Gases Operations. More details are provided in publication EIGA Doc 106 Environmental issues guide [8]. The legislation included in these tables is that which has a direct or possible indirect impact on EIGA members. Legislation with no obvious impact (e.g., noise levels for sub sonic aircraft) does not appear at all on the list. 5 References Unless otherwise specified, the latest edition shall apply. [1] ISO 14001, ISO 14001, Environmental Management Systems - Requirements with guidance for use, International Organization for Standardization [2] European Union Eco Management and Audit scheme (EMAS), European Commission Directorate-General for the Environment, [3] Consolidated version of the Treaty on the Functioning of the European Union, Council of the European Union, Official Journal of the European Union OJ C 326, , [4] Regulation (EU) No 528/2012 of the European Parliament And Of The Council of 22 May 2012 concerning the making available on the market and use of biocidal products, Official Journal of the European Union L 167/

9 [5] Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC, Official Journal of the European Union L 197/1, [6] Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), Official Journal of the European Union L 334/17 17, [7] EIGA Doc 901, Working Group Expert Guide, [8] EIGA Doc 106, Environmental Issues Guide. Note 1: For EIGA documents listed above and in Appendix refer to: European Industrial Gases Association, 3-5, Avenue des Arts, 1210 Brussels. Note 2: For European Union Directives, Regulations and Treaties referenced above and in Appendices 2-8 refer to the Official Journal of the European Union, 6

10 APPENDIX 1 EIGA DOCUMENT LINKS TO ISO Doc No Title of EIGA document ISO (2004) SECTIONS Clause 107 Guidelines on Environmental General Requirements 4.1 Management Systems Environmental Policy 4.2 Planning 4.3 Objectives, targets and programme(s) Implementation and operation 4.4 Resources, roles, responsibility Competence, Training and awareness Communication Documentation Control of documents Emergency Preparedness and response Checking 4.5 Monitoring and measurement Evaluation and compliance Non-conformity, corrective preventive action Control of records Management review Environmental issues guide Environmental aspects Environmental Legislation guide Legal and other requirements Disposal of Gases Operational control Noise Management for the industrial Operational control gas industry 88 Good Environmental Management Operational control Practices for the industrial gas industry 109 Environmental Impacts of Acetylene Operational control plants 84 Calculation of Air Emissions from Operational control Acetylene Plants 05 Guidelines for the management of Operational control waste acetylene cylinders 94 Environmental Impacts of Air Operational control Separation Units 110 Environmental Impacts of Cylinder Operational control Filling Plants 117 Environmental Impacts of Customer Operational control Installations 111 Environmental Impacts of Carbon Operational control Dioxide and Dry Ice Production 122 Environmental. Impacts of Hydrogen Operational control Plants 112 Environ. Impacts of Nitrous Oxide Operational control Plants 113 Environmental Impacts of Operational control Transportation of Gases 137 Decommissioning Operational control Environmental auditing guide Internal Audit

11 APPENDIX 2 Legislation PERMITS Number Type Description Impact on Gases Industry 2011/92 Directive Environmental Impact Directive on the assessment of the effects of certain public and private projects on the environment (replacing 85/337) 96/61 Directive Integrated Pollution Prevention and Control Directive 2010/75 Directive Industrial Emissions Directive (IED) (replacing 96/61 IPPC) Very large scale projects may require this as part of getting the permit, large groundwater abstractions for ASU may need assessment Acetylene and Hydrogen plants N20 plants, speciality gas production and organometallics, ASUs excluded. See EIGA Doc 106 Environmental issues guide Included: Acetylene and Hydrogen plants, N20 plants, speciality gas production and Organometallics, CO and CO2 plants and cylinder painting or cleaning activities of more than 2 tonnes of VOC per year. Excluded: ASU, Cylinder filling. EIGA Doc 106 Environmental issues guide and Technical Bulletin on IED 2003/87 Directive EU Emissions trading scheme HYCO and energy plants (boilers COGEN) need to have GHG permits and surrender allowances, ASUs not covered 8

12 APPENDIX 3 Legislation ENVIRONMENTAL MANAGEMENT Number Type Description Impact on Gases Industry 2011/92 Directive on the assessment of the effects of certain public and private projects on the environment (replacing 85/337) 90/1210 Regulation on the establishment of a European Environmental Agency 90/313 Directive on freedom of access to information on the environment 96/511 Directive Assessment of the effects of certain plans and programmes on the environment 96/61 Directive Integrated Pollution Prevention and Control Directive (to 2013 after Jan Industrial Emissions Directive IED, 2010/75 ) 2007/747 Decision Recognition of Accreditation procedures for EMAS 97/265 Decision Adoption of ISO as recognised standard for EMAS 2000/1980 Regulation on a Community eco-label award scheme, replaces 92/880 Very large scale projects may require this as part of getting the permit, large groundwater abstractions for ASU may need asses Included: Acetylene and Hydrogen plants, N20 plants, speciality gas production and organometallics, CO and CO2 plants and cylinder painting or cleaning activities of more than 2 tonnes of VOC per year. Excluded: ASU, Cylinder filling. See EIGA Doc 106 Environmental issues guide for information only, Adoption of ISO as recognised standard for EMAS 2009/1221 Regulation Allowing voluntary participation by companies in the industrial sector in a Community ecomanagement and audit scheme, replaces previous regulations, voluntary scheme 2004/35 Directive Environmental Liability Sets framework for liability for environmental damage see EIGA ENL 14 Impact of the directive on liability for environmental damage 9

13 APPENDIX 4 Legislation WASTE Number Type Description Impact on Gases Industry 76/403 Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls replaced by directive 96/59 EIGA Doc 106 Environmental issues guide. Replaced by directive 96/59 78/319 Directive on toxic and dangerous waste See EIGA Doc 106 Environmental issues guide. Replaced by 91/689 86/278 Directive on the protection of the environment and in particular of the soil, when sewage sludge is used in agriculture 91/156 Directive on waste (framework) amendment to 75/ /66 Directive on batteries and accumulators containing certain dangerous substances Impacts the use of lime as a soil conditioner, as contains reference standards Need to comply with common definition of waste and waste rules. see ENL 07 and EIGA Doc 106 Environmental issues guide 2008/98 Directive Replacing directive on hazardous waste 91/689, directive on the disposal of waste oils 75/439 and 2006/12 waste directive see ENL 07, ENL 16 and EIGA Doc 106 Environmental issues guide Directive on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community 2006/1013 Regulation on shipments of waste within, into and out of the European Community 2007/801 Regulation Decision on control procedure for waste shipments to certain non OECD countries 94/62 Directive Directive 94/62/EC of 20 December 1994 on packaging and packaging waste 99/816 Decision Decision modifying Green, amber and red list wastes Waste shipments shall comply, see EIGA ENL 07 Gas Cylinders and Waste Legislation and EIGA Doc 106 Environmental issues guide Waste shipments shall comply, see EIGA ENL 07 Gas Cylinders and Waste Legislation and EIGA Doc 106 Environmental issues guide see EIGA ENL 07 Gas Cylinders and Waste Legislation and EIGA Doc 106 Environmental issues guide Waste shipments shall comply, see EIGA ENL 07 Gas Cylinders and Waste Legislation and Doc 106 Environmental issues guide 10

14 Number Type Description Impact on Gases Industry 96/191 Directive Identification and marking of Packaging Material Daughter directive to packaging waste 94/3 96/59 Directive Council Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) 96/61 Directive Integrated Pollution Prevention and Control Directive replaced after Jan 2013 by Industrial Emissions Directive (IED) 97/640 Regulation Convention on the control of transboundary movements of hazardous wastes and their disposal (Basle Convention) 99/31 Directive Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste 2000/532 Decision Commission Decision of 3 May 2000 establishing a list of wastes (combined hazardous and non hazardous),amended by 2001/118,119, 2000/76 Directive on the incineration of hazardous waste, replaces 94/67, Directive replaced after Jan 2014 by Industrial Emissions Directive (IED) as the system is voluntary. Transformers and capacitors containing PCBs (>50 ppm) need to be identified and plans to remove, see EIGA Doc 106 Environmental issues guide Acetylene and Hydrogen plants, N20 plants, speciality gas production and organometallics, ASUs excluded. See EIGA Doc 106 Environmental issues guide. Waste shipments shall comply, see ENL 07 and EIGA Doc 106 Environmental issues guide. Restrictions on landfilling of acetylene cylinders will be extended to all countries. Lime ponds may be classified as landfill Revised with hazardous waste list incorporated. See ENL 07 and EIGA Doc 106 Environmental issues guide. Standards need to be met by any incinerators of hazardous waste, e.g. disposal operations at speciality gas facilities. 2002/96 Directive Directive on Waste Electrical and Electronic Equipment Users of electronic equipment may pay more for disposal in addition there shall be means of take back. See EIGA ENL 13 Waste Electrical and Electronic Equipment (WEEE) and Restrictions of use of hazardous substances 2003/33 Decision Decision on establishing criteria and procedures for the acceptance of waste at Landfill see 99/30 Restrictions on landfilling of acetylene cylinders will be extended to all countries. 11

15 APPENDIX 5 Legislation AIR Number Type Description Impact on Gases Industry 82/884 Directive on a limit value for lead in the air 87/217 Directive on the prevention and reduction of environmental pollution by asbestos 89/369 Directive on the prevention of air pollution from new municipal waste incineration plants 89/429 Directive on the reduction of air pollution from existing municipal waste incineration plants 94/63 Directive on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from term 96/61 Directive Integrated Pollution Prevention and Control Directive replaced after Jan 2013 by Industrial Emissions Directive (IED) 2008/50 Directive Directive on ambient air quality and cleaner air for Europe (replace 96/62) 98/558 Directive Incineration of non hazardous waste, replacing directives 89/369 and 89/429, replaced by IED 98/591 Directive Relating to the limit values for benzene and carbon monoxide in ambient air, daughter directive to 96/62 99/125 relating to ozone in ambient air, daughter directive to air framework directive 99/13 Directive on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations amended with 2004/42 99/30 Directive relating to limit values for sulphur dioxide, nitrogen dioxide, and oxides of nitrogen, particulate See EIGA ENL 06 Asbestos Legislation and EIGA Doc 106 Environmental issues guide Acetylene and Hydrogen plants, N20 plants, speciality gas production and organometallics, ASUs excluded. see EIGA Doc 106 Environmental issues guide Indirect, this Directive establishes the policy framework within which limit values for air pollutants are set. As standards are tightened, emissions limits for HYCO plants will also get more stringent, see Environmental issues document No direct effect, will affect future emissions limits and transportation standards Will effect some tank painting or cleaning operations where large volumes of paint and solvent are used, See EIGA Doc 106 Environmental issues guide No direct effect, will affect future emissions limits and transportation standards, Daughter directive to 96/62 12

16 Number Type Description Impact on Gases Industry matter and lead in ambient air (replaced by 2008/50) 2009/10 05 Regulation regulation replacing 3093/94 on ozone depleting substances replacing 2000/2037 Further restrictions on the use of HCFCs, Halons and CFCs see EIGA ENL 22 Ozone Depleting Substances - Phase out of HCFC, and EIGA Doc 106 Environmental issues guide 2000/76 Directive on the incineration of hazardous waste, replaces 94/ /80 Directive Large Combustion Plant Directive, replaced by IED 2001/81 Directive Directive on National Emissions ceilings 2002/03 Directive Directive concerning ozone in ambient air (replaced by 2008/50) Standards need to be met by any incinerators of hazardous waste, e.g. disposal operations at Spec Gas facilities. Large HYCO plants >50 MWth may be impacted, Tightening of permit conditions (NOX emissions) especially for new plant Large HYCO plants >50 MWth may be impacted, Tightening of permit conditions (NOX emissions) especially for new plant No direct effect, will affect future emissions limits and transportation standards, Daughter directive to 96/ /84 2 Regulation Regulation concerning certain fluorinated greenhouse gases Gas Industry is user of F-gases in stationary applications such as refrigeration equipment, air conditioning and heat pump equipment, including their circuits, as well as fire protection equipment. See EIGA ENL 18 Fluorinated-Gas monitoring and leakage detection. 13

17 APPENDIX 6 Legislation WATER Number Type Description Impact on Gases Industry 75/440 Directive Quality of surface water intended for the abstraction of drinking water 76/160 Directive Concerning the quality of bathing water As standards are tightened, discharge consents will also get more stringent. 76/464 Directive On pollution caused by certain dangerous substances discharged into the aquatic environment 78/659 Directive on the quality of fresh waters needing protection or improvement in order to support fish life Waste water discharges shall conform As standards are tightened, discharge consents will also get more stringent 79/923 Directive On the quality required of shellfish waters As standards are tightened, discharge consents will also get more stringent, no direct impact. 80/68 Directive On the protection of groundwater against pollution caused by certain dangerous 80/778 Directive Relating to the quality of water intended for human consumption 83/513 Directive on limit values and quality objectives for cadmium discharges 84/491 Directive on limit values and quality objectives for discharges of hexachlorocyclohexane (lindane) 86/280 Directive on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Direct 88/347 Directive amending Annex 11 to Directive 86/280/EEC 90/415 Directive amending Annex 11 to Directive 86/280/EEC Discharges and site practices shall meet the objectives set out, see EIGA Doc 106 Environmental issues guide Discharges shall comply Discharges shall comply Discharges shall comply 91/271 Directive Concerning urban waste water treatment As standards are tightened, discharge consents will also get more stringent 94/36 Directive Bathing Water Directive simplification 76/160 As standards are tightened, discharge consents will also get more stringent 14

18 Number Type Description Impact on Gases Industry 94/612 Directive Adaptation of Directive 80/778 in line with technical progress - Drinking water directive 96/315 Directive Action Programme on integrated groundwater protection and Management 96/61 Directive Integrated Pollution Prevention and Control Directive 98/83 Directive on the quality of water for human consumption 2000/47 Priority substances list linked to framework directive on water 1998/ /60 Directive Water framework directive. Proposal for establishing a framework for community action in the field of water policy, directly. May effect abstractions for ASUs see EIGA Doc 106 Environmental issues guide? May impact cooling water discharge (Cu limits). 15

19 APPENDIX 7 Legislation NOISE Number Type Description Impact on Gases Industry 79/113 Directive on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant 84/532 Directive on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment (framework) 84/533 Directive on the approximation of the laws of the Member States relating to the permissible sound power level of compressors 84/534 Directive on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes 84/536 Directive on the approximation of the laws of the Member States relating to the permissible sound power level of power generators 84/537 Directive on the approximation of the laws of the Member States relating to the permissible sound level of powered hand-held concrete-breakers 86/188 Directive on the protection of workers from the risks related to exposure to noise at work 89/392 Directive on the approximation of the laws of the Member States relating to machinery, as amended (Machinery Directive) 94/284 Directive Protection of workers from Physical Agents (replaced by 8/2002 on noise alone) 2000/14 Directive on the approximation of the laws of the member states relating to the noise emission in the environment by equipment for use outdoors 2002/008 Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) 2002/49 Directive This Directive defines a common approach intended to avoid, prevent or reduce the harmful effects of exposure to environmental noise directly, see EIGA Doc 85 Noise management. See EIGA Doc 85 Noise management. Equipment shall comply, via CE mark; see EIGA Doc 85 Noise management. Equipment shall comply, via CE mark; see EIGA Doc 85 Noise management., replaced by 2000/14 See EIGA Doc 85 Noise management. All machinery purchased or sold within the EU shall comply, EIGA Doc 85 Noise management. See EIGA Doc 85 Noise management. Purchased equipment needs to meet the required noise standard. See EIGA Doc 85 Noise management. See EIGA Doc 85 Noise management. Could lead to more restrictive noise limits for facilities; see EIGA Doc 85 Noise management. 16

20 APPENDIX 8 Legislation HAZARDOUS SUBSTANCES Number Type Description Impact on Gases Industry 67/548 Directive on the approximation of the laws regulations and administrative provisions relating to the classification packaging and labelling Replaced with REACH regulation 91/157 Directive on batteries and accumulators containing certain dangerous substances 94/284 Directive Protection of workers from Physical Agents (replaced by 8/2002 on noise alone) 95/425 Directive Protection of workers from carcinogens amending directive 90/394 96/59 Directive Council Directive on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) 96/82 Directive Revision of Seveso directive - Seveso 2 -Control of major accident hazards involving dangerous substances (amended by 2003/105) 96/94 Directive List of limit values for implementation of Directive 80/1107 on the protection of workers from chemical, physical and biological agents 98/24 Directive Protection of workers from Chemical agents 99/77 Directive Amendment to directive 76/769 marketing and use Labels, SDS and hazard information and packaging needs to conform product shall conform to the testing before being marketed See EIGA Doc 85 Noise management Safety Advisory Group Transformers and capacitors containing PCBs (>50 ppm) need to be identified and plans to remove, see Doc 106 Environmental Issues Guide See EIGA Doc 60 Prevention of major accidents. Guidance on Compliance with the Seveso II Directive. Safety Advisory Group Safety Advisory Group See ENL 06 Asbestos Legislation and Doc 106 Environmental Issues Guide 2006/19 07 Regulation Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Obligation for registration, SDS, restrictions. 2008/12 72 Regulation Classification, labelling and packaging of substances and mixtures, (CLP) Classification, labelling and packaging of gases (amending 1907/2006) 17