Environmental Regulations New and changing law. Jamie Bearman

Transcription

1 Environmental Regulations New and changing law Jamie Bearman

2 Social enterprise operating in the North of England All profits reinvested into community projects Accredited to ISO 9001, ISO 14001, OHSAS Environmental support Health and safety Training Legislation updates Corporate Responsibility Landscape design Landscape build Landscape maintenance Community projects Environmental projects Health and wellbeing Youth inclusion Sustainable education Heritage

3 15 years experience in environment / health & safety information services Principal consultant in legal compliance Recent projects include: Background Compliance auditing & management systems support for Royal Mail and Parcelforce Compliance reviews for companies in manufacturing, chemicals, power, food & drink and aviation sectors Management of Newground s Legislation Update Service.

4 What s New in EHS Law? The pace of change in environmental law is unrelenting The current administration wants as one of its legacy s to be the Greenest Government ever Our Update Service summarises on average 10 changes to environmental law across the UK per month. Obviously for a typical business in the UK there are not 120 changes which affect you per year you would need a full time team of lawyers for that! So it s not like Health & Safety with relatively static law and 2 scheduled change dates per year

5 What s New in Environmental Law? DEFRA Red Tape Challenge Introduced in April 2011 Purpose to streamline environmental law, cutting red tape for businesses and regulators 132 Regulations improved, 70 kept as is, 53 removed Smarter Environmental Regulation Review part of the Red Tape Challenge. Maps the environmental legal framework in the UK and reduces guidance and data sets to avoid overlap and burden on businesses Of note Site Waste Management Plans now revoked, Control of Asbestos in the Air Regulations due to be revoked shortly

6 DEFRA Red Tape Challenge Key proposed changes include: Air quality simplify arrangements for smoke control areas, authorised fuel and exempt fireplaces Clean air Review of Clean Air Act 1993 to help LA s with air quality targets Merge 2 Ozone Depleting Substance laws (Controls and Qualifications) to match F-Gas regime Environmental Permitting - extend the framework to include water abstractions, impounding licensing, fish pass approvals and flood defence consents. For new sites - Look at common information in planning and permitting Biodiversity a review and removal of regulations relating to certain specific species where these are covered by other legislation

7 DEFRA Red Tape Challenge Noise / nuisance improve decision making at local level for assessing area for residential development given current noise levels Waste: stronger powers to seize vehicles suspected of fly tipping or waste crime Introduction of charges from LA s for business waste disposal (as well as collection) exemption for micro businesses from waste carriers, brokers and dealers registration requirements for businesses transporting their own waste Change from waste transfer notes to other associated documents,e.g. Invoices as long as they contain the required information. Edoc introduction from Jan 14 voluntary. Accessed via web. Review Producer Responsibility Regulations to reduce the burden on smaller businesses and exempt more small producers from the requirements by January 2015

8 Environmental Permitting Implementation last May. Transposition of the Industrial Emissions Directive (2010/75/EU) Implements requirements of the IED including emission limits for large combustion plant. Removes some activities formerly requiring an environmental permit across a range of sectors Downgrades some Permits from Part A to Part B permits

9 Waste Legislation The Waste (England and Wales) (Amendment) Regulations 2012 Regulation 13 has been amended to more closely follow the Waste Framework Directive. A duty on establishments and undertakings, from 1st January 2015, to separately collect waste paper, metal, plastic and glass from households, and commercial / industrial waste streams. Duties will only apply where separate collection is judged to be necessary to ensure that waste is recovered in accordance with the Directive i.e. The quality of the individual waste streams remains high, and where it is technically, environmentally and economically practicable the TEEP Test.

10 Waste Legislation The Waste (England and Wales) (Amendment) Regulations 2014 Transfers of waste can be documented using less formal Waste Information rather than Waste Transfer Notes. Types of information included in Waste Information are the same as those required in a Transfer Note. However businesses can record this information in different forms of documentation, such as invoices, receipts or orders. OR Waste carriers have up to 5 days to produce their waste registration certificate. Previous 7 day rule was removed when Carriers Regulations was revoked, and not replaced until now.

11 Waste Legislation End of Waste Regulations EC Regulations designed to set out criteria for when waste materials are no longer considered waste due to reprocessing. Scrap iron and aluminium (EC Regulation 333/2011) came into effect 9/10/11. Glass cullet (EC Regulation 1179/2012) came into effect 11/06/13. Further EC End of Waste Regulations for other materials such as scrap copper and paper are currently being developed. Scrap Metal Dealers Act 2013 New system of fee payable licenses administered by LA s. Includes motor salvage operators as scrap metal dealers. Came in 1 st October 2013.

12 Waste Legislation The Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013 Places an obligation on a scrap metal dealer to verify the full name and address of the person who supplies the scrap metal before receiving it. Failure to fulfil this obligation will constitute a criminal offence. Came into force on 2 nd October 2013

13 Waste Legislation Updated packaging and recovery targets for Producer Responsibility Obligations (Packaging Waste) Regulations New split targets for glass. 63% of glass target must be met from glass melt reprocessing. May leave shortage of PRNs Finance Act 2013 Increase of Landfill tax from 72 to 80 per tonne from April 2014 Climate change levy increase : Electricity = kwh Gas = per kwh

14 And Remember... If you transport your own waste regularly, in your normal course of business, from December 2013 you needed to register as a lower tier waste carrier For Scottish sites The Waste (Scotland) Regulations 2012 Businesses to present dry recyclables (metals, plastics, paper, card and glass) separately from 1 Jan 2014 Food businesses producing more than 50 kg/week food waste - separate collection from 1 Jan 2014 (over 5kg/week from 2016). That means macerators will not be allowed from those dates where food waste collection is available

15 Chemicals law 7 additional substances added to the candidate list of Substances of Very High Concern (SVHC s) in the REACH regulation in December Now 151 substances added to list. 4 more in consultation. Control of Major Accident Hazards Regulations 1999 (COMAH)- Amendment to the Regulations increasing threshold for Heavy Fuel Oil storage Lower tier sites from 100t to 2,500t. Top tier sites from 200t to 25,000t

16 Energy law Companies Act 2006 (Strategic Report and Directors Report) Regulations Mandatory Greenhouse Gas emission reporting for quoted companies From October 2013 Consultation Article 8 of the EU Energy Efficiency Directive 2012 proposal to introduce a programme of regular compulsory energy audits for large enterprises (non-smes over 250 employees). First energy audit by 5 th December 2015, then every 4 years. Not required for public sector. Energy Savings Opportunity Scheme (ESOS)

17 Energy law Renewables Obligation (Amendment) Order 2014 Introduces the requirement for an independent sustainability audit report to be produced for solid biomass electricity generating stations over 1MW Thermal input capacity. Improvements to the reporting requirements of biomass fuels Provides transitional arrangements for changing from Renewables Obligation to Contracts for Difference scheme due from 2017.

18 Energy law Part L - Building Regulations Changes came into force from 6 April 2014 for the 4 approved documents related to energy conservations in Buildings. new 2013 versions of Approved Document L1A and L2A amendments to the 2010 versions of Approved Document L1B and L2B new 2013 version of the Domestic Building Services Compliance Guides new 2013 version of the Non-Domestic Building Services Compliance Guides They set a requirement for new homes to achieve a 6% carbon improvement on 2010 regulations across the build mix for domestic properties. There is also a target of 9% improvement on Part L 2010 for commercial buildings

19 Looking further forward Water pollution Water Framework Directive Proposed tightening up of controls on water quality 12 chemicals to be added to EU Priority list of pollutants in the Environmental Quality Standards (EQS) Maximum permitted concentrations in water take effect in 2018, achieving good chemical status for these substances by 2027 Watch list of other substances (including 3 pharmaceuticals) created Parliament voted July 2013, now with Member States to be implemented through river basin management plans

20 Thank you for your time