Summary of Environmental Legislation
4th Quarter 2009
Legislation
Groundwater Regulations 2009
These Regulations take effect from 30th October 2009. They make it an offence to discharge hazardous substances and non-hazardous pollutants to groundwater without a permit, replacing 'List I and II dangerous substances' of the previous Groundwater Regulations 1998. The Regulations also amend the process for obtaining authorisations.
Waste Electrical and Electronic Equipment (Amendment) Regulations 2009
These Regulations amend the Waste Electrical and Electronic Equipment Regulations 2006 to improve the producer compliance scheme approval process and reduce the administrative burdens placed on business by simplifying the data reporting requirements and the evidence system. In particular this will:
· Produce an overall reduction in the amount of data to be submitted to the environment agencies;
· Allow evidence to be issued on the receipt of separately collected waste electrical and electronic equipment at treatment facilities;
· Remove the need for producer compliance schemes' to apply for approval every three compliance periods, although they will be required to submit rolling three year operational plans annually; and
· Ensure all treatment facilities approved are able to meet the minimum standards of recycling and recovery required by Directive 2002
Planning (Hazardous Substances) (Amendment) (England) Regulations 2009
These Regulations introduce an amended schedule for the types and quantities of materials that may be stored on a site without a consent. This will only be of interest to companies that fall within the COMAH Regulations.
Packaging (Essential Requirements) (Amendment) Regulations 2009
These Regulations amend the 2003 Regulations by removing 4th March 2009 expiry date for the permission to use packaging containing over the maximum heavy metal concentration levels previously set for plastic crates or pallets.
The Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 2009
The Regulations require that, with a number of exemptions, a vehicle type approved on or after 1st January 2011 may not be fitted or retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases. On or after 1st January 2017, no vehicle may be fitted or retrofitted with an air conditioning system designed to contain high-GWP fluorinated greenhouse gases.
This may have some long-term relevance for companies operating vehicle fleets.
Proposed New Legislation
DraftWater Resources Act (Amendment) (England and Wales) Regulations 2009
These Regulations are expected to come into force in December 2009. They will regulate pollution, mainly from agriculture, more strongly by extending the use of water protection zones (WPZs) and works notices (WNs).WPZs are areas designated by Defra and the Welsh Assembly to control activities that can cause water pollution. At the moment, the only WPZ is the River Dee catchment in Wales. Works notices are used by the Environment Agency to recover from the polluter the cost of removing pollution and restoring water quality.
The new regulations will:
· Allow WPZs to be used to protect the physical structure and flow conditions of rivers.
· Allow WPZs to be used to control polluting or damaging activities where existing regulations fail to protect water quality.
· Enable works notices to be used to restore water quality if the river bed or banks are damaged.
WPZs will affect mainly farmers but could impact upon other businesses that could pollute the water environment. If a business operates in a WPZ it will not be able to keep or use certain listed substances without authorisation. The list of controlled substances will vary depending on the WPZ, but might include fuels, veterinary products, liquid foods, inorganic fertilisers or other toxic or dangerous substances.
It will be an offence to keep or use these substances without a Consent from the Environment Agency.
The Proposed Environmental Permitting (England and Wales) Regulations 2010
The Regulations will extend the system of environmental permits to cover water discharge consents, groundwater authorisations and radioactive substances regulation. It is expected that the new regulations will come into force in spring 2010.
The first phase of the environmental permitting programme (EPP1) covering industrial activities and waste management came into force in April 2007. The government is keen to extend this single system of permitting in England and Wales and a second phase (EPP2) is expected to be introduced in stages to cover:
· Water discharge consents, groundwater authorisations and radioactive substances regulation (through this consultation).
· Water abstraction and impoundment, waste carriers and brokers, mining waste and batteries (through separate consultations).
EPP2 will affect all businesses that discharge to rivers, lakes, estuaries, coastal waters and discharge substances to groundwater.
Companies currently holding a water discharge consent, groundwater authorisation or will not have to re-apply. Existing consents or authorisations will automatically become an environmental permit when the new regulations come into force.
The permitting framework created under EPP1, which includes applying for environmental permits, registering exemptions, offences, penalties, public registers, and the Environment Agency’s regulatory powers will remain the same.