Unique Reference: FE-14001-LEG-1
Last Site Visit: 05/12/2008

Fabricated Examples (Environment) Register of Legal and Other Requirements

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DIRECTLY Applicable Legislation

Reference

Environmental Permitting

1.1.1  

ENVIRONMENTAL PERMITTING: INTEGRATED POLLUTION PREVENTION AND CONTROL

2010/75/EU

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1.1.2  

ENVIRONMENTAL PERMITTING: WASTE MANAGEMENT

2008/98/EC

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Waste

1.2.1  

ENVIRONMENTAL PROTECTION ACT 1990 PART II: THE DUTY OF CARE, AS AMENDED

1990 c.43 pt.II

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1.2.2  

HAZARDOUS WASTE (ENGLAND AND WALES) REGULATIONS 2005, AS AMENDED

2005/894

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Water

1.3.1  

WATER INDUSTRY ACT 1991, AS AMENDED

1991 c.56

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Climate Change/Energy

1.4.1  

CLIMATE CHANGE LEVY (REGISTRATION AND MISCELLANEOUS PROVISIONS) REGULATIONS 2001, AS AMENDED

2001/7

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INDIRECTLY Applicable Legislation

 

2.1  

FINANCE ACT 1996, PART III: LANDFILL TAX, AS AMENDED

1996 c.8

      

FORTHCOMING Legislation

 

3.1  

INDUSTRIAL EMISSIONS DIRECTIVE

2010/75/EU

      

3.2  

ENVIRONMENTAL CRIME DIRECTIVE

2008/99/EC

      

3.3  

WATER ACT 2014

2014 c.21

      

  

ENERGY SAVINGS OPPORTUNITY SCHEME REGULATIONS 2014

2014/1643

      

OTHER REQUIREMENTS

 

4.1  

MONITORING AND CERTIFICATION SCHEME (MCERTS)

MCERTS

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4.2  

POLLUTION PREVENTION GUIDELINES (PPGs)

PPGs

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EXPLANATION OF SECTIONS

Direct

This legislation has been identified as directly applicable to the company. The company is required to remain compliant with this legislation and should carry out compliance evaluation against these regulations.

Indirect

This legislation has been identified as indirectly applicable to the company and is provided for background information only. The company is not required to comply with these regulations directly but may be affected by them as they influence policies and requirements made by regulators such as the Environment Agency, Scottish Environmental Protection Agency and Local Authorities. A compliance rating is therefore not required.

Forthcoming

This legislation has been identified as forthcoming and may impact upon activities at the company in the future. These should therefore be monitored for further developments to ensure ongoing compliance.

Other Requirements

This section lists other requirements that are applicable to the company. The company is required to remain compliant with the non-legislative requirements listed and should carry out compliance evaluation against these requirements.

Compliance Codes
Red: Evidence of non-compliance Red
Amber: Risk of non-compliance Yellow
Green: No evidence of non-compliance observed Green

Additional Information

Insert any company specific information, references, instructions to employees or other relevant information here.

Reference: 2010/75/EU

Last Update: 24/06/2014

DIRECTLY APPLICABLE LEGISLATION
1.1.1  ENVIRONMENTAL PERMITTING: INTEGRATED POLLUTION PREVENTION AND CONTROL

The Industrial Emissions Directive (IED) (2010/75/EU), which replaces the PPC Directive in 2014, requires installations in various industry sectors to apply for and operate under permits that aim to protect the environment as a whole.

The Directive is implemented through the Environmental Permitting (England and Wales) Regulations 2010, as amended.  Schedule 1 to the regulations outlines activities covered by the regime.

Industry sectors covered include: combustion activities, refineries, ferrous and non-ferrous metal production and processing, surface treatment, mineral production including glass and ceramics, organic and inorganic chemical production, pharmaceuticals, waste management, paper, food and carbon capture and storage.

Permit Applications

When the PPC regime first came into force (2000), existing installations had to make applications by a set deadline. Now, new installations must obtain a permit before operations commence. Applications must be Duly Made (on time, with the correct fee and containing all necessary information).

In their applications, companies are required to show how they comply with sector specific Best Available Techniques (BAT) for the protection for the environment or justify any deviation from them. They are also required to disclose other general information about environmental performance such as: emissions, raw materials use, waste generation, energy use, preparedness for accidents and decommissioning. Applicants are also required to submit a baseline report detailing the existing condition of the land with their applications. Guidance on baseline reports has been published by the EU.

Permits

Once the application has been made, it will be determined by the Regulator and a permit issued. The permit will contain conditions which companies are required to comply with during operations. This includes periodic monitoring of point source emissions to air and water and annual reporting of environmental issues such as energy and waste production, raw materials usuage and emissions. The regulator will undertake periodic inspections of the installation for the lifetime of the permit.

Companies wishing to make changes to their operations or surrender their permit must apply to do so via their regulator and pay the appropriate associated fee.

Amendments

A 2014 amendment removed a number of small waste combustion processes from Schedule 1, increased the permit threshold for activities using toluene di-isocyanate monomer and adds further gasification/liquefaction activities for carbonaceous materials. 

The 2013 amendment significantly revised these regulations to implement the IED, removing a number of Schedule 1 activities from regulation and introducing a requirement for periodic permit revisions to implement revised BAT conclusions. The 2013 amendment requires that regulators review land condition on permitted sites and may require periodic intrusive investigations to support this.

A 2012 amendment has removed certain processes in section 1.1 combustion and 1.2 gasification, liquefaction and refining activities no longer require an environmental permit, although activities will still require a waste permit. These include certain processes burning:

  • gas produced by biological degradation of waste in a landfill that is not listed in Part 2 of this Schedule;
  • gas produce as a result of the anaerobic digestion of biodegradable waste; and
  • fuel which has ceased to be waste.

Last Update: 20/08/2012

By: Waterman

Applicability

The detergent plant at the organisation's site is an obligated process and falls under Section 4.1 Part A (1) (xi) of Schedule 1 of the Environmental Permitting (England and Wales) regulations 2010, as amended for the manufacture of surface active agents. The Environment Agency issued the organisation a permit (no. EA12345FEL) in August 2012. 

During the audit it was found that the organisation has not submitted a Site Protection and Monitoring Program to the Environment Agency. This must be completed as an immediate priority and the organisation must contact its local inspector to arrange a submission date.

The organisation must ensure that it monitors and reports it emissions from the installation to the Environment Agency in accordance with the deadlines specified.


Related Aspects

Cardboard

Flooding

Waste Oil

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Reference: 2008/98/EC

Last Update: 24/06/2014

1.1.2  ENVIRONMENTAL PERMITTING: WASTE MANAGEMENT

The aim of the Waste Framework Directive (WFD) is to ensure the protection of human health and the environment in the course of waste management activities.  The Directive promotes effective and consistent rules within the EU on waste disposal and recovery and the recovery and reuse of wastes where possible.

Under the Directive, waste disposal and recovery operations must be authorized and inspected.  This is implemented in England and Wales through the Environmental Permitting (England and Wales) Regulations 2010, as amended, which requires waste operators to apply for and operate to an environmental permit or exemption. The type of permit depends upon the hazardous nature of the waste activity. The most hazardous, such as landfills and waste incinerators require bespoke permits. Standard permits are issued for activities such as waste transfer stations. Exemptions are issued for low risk activities such as:

  • spreading of sludge
  • waste disposal for the benefit of land
  • land reclamation
  • sludge works
  • waste for construction
  • repair and refurbishment of WEEE; and
  • burning of plant material/wood at a dock.

The more hazardous activities include more onerous conditions such as emissions monitoring. All permits include restrictions on the type of waste, quantity and treatment activity. Waste operations must keep records of the quantity, nature, origin, destination and treatment method of all wastes disposed of or recovered in the course of the activity.

Obligations of the Regulator

Schedule 9 to the EPR details the regulator's obligations in relation to the WFD including:

  • ensuring that waste is recovered or disposed of without endangering human health or harming the environment, in particular without risk to water, air or soil, or to plants or animals; without causing a nuisance through noise or odours; without adversely affecting the countryside or places of special interest.
  • Measures must be taken to prohibit the abandonment, dumping or uncontrolled disposal of waste.
  • establishing an integrated and adequate network of disposal installations taking account of best available technology not involving excessive costs.
  • granting of permits to cover the types and quantities of waste; technical requirements; safety precautions to be taken; disposal site; treatment method.
  • ensuring all permitted establishments keep records of the quantity, nature, origin and, where relevant, the destination, frequency of collection, mode of transport and treatment method in respect of the waste and make this information available to the competent authority.

Amendments

A 2014 amendment removes a number of small waste combustion operations from Schedule 1, while requiring that a permit is held for the disposal or recycling of animal carcasses by rendering or treatment by small waste incineration plant. 

Materials recycling facilities (MRFs) will be required to sample and report on input and output materials from 1 October 2014. 

2012 amendment made small changes to the waste codes applicable in certain waste exemptions including Use of Waste in Construction (U1) and Use of Waste for a Specified Purpose (U8).

Waste (England and Wales) Regulations 2011 amend these regulations by :

  • changing some definitions to bring them in line with the revised Waste Framework Directive (rWFD) (2008/98/EC) and making other consequential amendments;
  • removing certain wastes, including animal by-products, and other wastes that are excluded from the rWFD, from waste classifications

The amendments are set out in Schedule 3 of the waste regulations.

Regulation EU/333/2011 establishes criteria determining when certain types of scrap metal cease to be waste under the WFD, including iron, steel and aluminium scrap.

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation operates a compactor and baler for waste cardboard generated by the goods-in packaging. Under the Environmental Permitting (England and Wales) Regulations 2007 this operation was classified as a waste management licence exemption and organisation were required to register this exemption. under the 2010 regulations this activity is now classified as a non-waste framework directive exemption and the organisation no longer needs to register this activity as exempt.

The organisation does not operate any other activities that require a waste management licence or exemption.


Compliance

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Reference: 1990 c.43 pt.II

Last Update: 14/04/2014

1.2.1  ENVIRONMENTAL PROTECTION ACT 1990 PART II: THE DUTY OF CARE, AS AMENDED

Section 34 of the Environmental Protection Act (EPA) 1990 imposes a ‘duty of care’ on anyone who produces, imports, carries, keeps, treats or disposes of ‘controlled’ wastes, or as a broker has control over such waste.

Controlled waste must only be transferred to authorised persons (e.g. registered waste carriers or licensed waste management facilities) and such transfers must be accompanied by ‘transfer note’ documentation.

Transfer Notes

The Waste (England and Wales) Regulations 2011 and the Environmental Protection (Duty of Care) (Scotland) Regulations 2014, set out the requirements for a mandatory system of ‘transfer notes’ and record-keeping requirements in England and Wales, and Scotland respectively.

These regulations impose details to be completed on the transfer note including appropriate code for wastes under the European Waste Catalogue (EWC). Transferors and transferees are required to retain transfer notes for at least two years after the transfer and provide copies to the regulator if required.

Waste Operations and the Duty of Care

All those who generate and manage controlled waste are required to take reasonable and appropriate steps in relation to it (the duty of care); otherwise they commit a criminal offence. The duty of care includes the following requirements

  • storing and containing waste properly in order to prevent its release to the environment;
  • describing waste clearly;
  • dealing only with authorised carriers, brokers and dealers as applicable;
  • providing the carrier with an accurate transfer note relating to the waste; and
  • ensuring that waste is disposed of properly at a suitably authorised management facility.

Parties producing, brokering, carrying, dealing in or disposing of waste are required to ensure that all other participants in the waste management chain are suitably authorised (where relevant) and comply with the duty of care.

It is a criminal offence to treat, keep or dispose of controlled waste except under and in accordance with a waste management licence, permit or exemption. A number of activities not subject to the Waste Framework Directive (2008/98/EC) are exempt from the requirement for authorisation, including the temporary storage of waste, pending collection where it was produced.

It is also criminal offence to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health, irrespective of the need for a waste management licence, permit or exemption.

The Definition of Waste

Controlled waste is defined in the Controlled Waste Regulations 1992 (in Scotland) and the Controlled Waste (England and Wales) Regulations 2012 (England & Wales) as household, industrial and commercial, including materials destined for recycling, clinical and construction waste.

The Waste (England and Wales) Regulations 2011 have amended the definition of 'waste' in England and Wales to include anything within the definition given in Article 3(1) of the revised Waste Framework Directive (2008/98/EC).

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation produces both hazardous and non-hazardous controlled wastes.

During the site walkover the waste streams were observed to be well segregated. Signage was in place to inform relevant persons which wastes are stored in which locations.

On-site personnel demonstrated a good understanding with respect to waste management. Housekeeping at the site was also noted to be to a high standard.

The control of waste movements and the disposal / recovery option are governed by environmental procedure EWI 2 in the company’s ISO14001 accredited environmental management system. The procedure ensures that all non-hazardous waste movements are accompanied by a transfer note and all hazardous waste movements are accompanied by a consignment note, providing a unique identity for all waste transactions.

Transfer notes and consignment notes are retained onsite for the designated time specified in the regulations and are available for inspection by the regulator.

The organisation uses the waste contractor Waste Ltd for the all movements of waste off site. The organisation ensures that the contractor holds all appropriate licenses and competencies to deal with the waste streams produced at the site through regular auditing.


Related Aspects

Cardboard

Flooding

Waste Oil

Strip packaging

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Reference: 2005/894

Last Update: 14/04/2014

1.2.2  HAZARDOUS WASTE (ENGLAND AND WALES) REGULATIONS 2005, AS AMENDED

These regulations outline controls in place for those producing, transporting and disposing of hazardous waste including tracking of the movement of hazardous waste. They implement the requirements of the EC Hazardous Waste Directive (91/689/EEC as amended by 94/31/EC).

Definition of Hazardous Waste

The term “hazardous waste” is defined in the Hazardous Waste Directive and the revised European Waste Catalogue as non-domestic waste that is included on a designated list. This list has been transposed into national legislation by the List of Wastes (England) Regulations 2005 and the List of Waste (Wales) Regulations 2005. Each waste listed has been given a unique six-digit code; hazardous wastes are marked with an asterisk. The codes must be used on all waste documentation. Some wastes are hazardous irrespective of the concentration of dangerous substances (absolute entries). However, others (termed mirror entries) are hazardous only if they contain dangerous substances at levels above the appropriate thresholds. The Environment Agency technical guidance document WM2 provides help and advice on the classification and assessment of hazardous waste.

Registration as a Hazardous Waste Producer

All non-domestic premises that produce hazardous waste or where hazardous waste is collected, must make themselves known to the Regulator via an annual registration. Premises include land and any ship and any other means of transport from which a mobile service is operated. Sites exempt from the requirement to register are listed in regulation 23(3) and include offices, shops and agricultural premises. In order to be exempt, a site must fall into one of the categories listed and produce less than 500kg of hazardous waste per year.

Waste Documentation

Hazardous waste must be accompanied by a consignment note. This is a specific form of waste transfer note. Hazardous waste producers (consignors) are required to retain consignment notes for three years under the Duty of Care. A 2009 amendment made it a requirement to include specific disposal or recovery codes on consignment notes, as per Annex IIA and IIB of the Waste Directive.

Hazardous waste transfer / management companies (consignees) are required to send quarterly consignment note returns to both the Regulator and the consignor. A charge is levied on carriers on the basis of quarterly returns to the Regulator covering all consignments accepted. The consignor is required to retain returns onsite for three years under the Duty of Care.

Compliance with these regulations is carried out by the Regulator through ‘cradle to grave’ auditing of hazardous waste movements. The Regulator checks that all paperwork is correct and complete from all parties in the waste consignment chain and that the waste has been handled and consigned properly at each part of the disposal process. The Regulator may also periodically inspect sites producing hazardous waste. 
In most cases, the mixing of any hazardous waste with any other type of waste, or other hazardous waste, is prohibited under the regulations unless the company has an environmental permit for this activity.

The regulations were amended by the Waste (England and Wales) Regulations 2011 by:

  • replacing a number of definitions to bring them in line with the revised Waste Framework Directive (2008/98/EC) and making various other consequential amendments;
  • amending H codes in Schedule 3 to include hazard code H13 as "sensitising" - substances and preparations which could lead to adverse health effects if they are inhaled or penetrate the skin. The previous H13 (waste capable of yielding another substance) is now H15;
  • simplifying multiple hazardous waste collections with a modified consignment note introduced that can be used for multiple and single consignments (see Schedule 2 Part 3 of the 2011 regulations); and
  • introducing a new condition in environmental permits that requires the mixing of hazardous wastes to comply with best available techniques, for example, sector guidance note IPPC S5.06 - Recovery and Disposal of Hazardous and Non-Hazardous Waste. New permits will include this condition and it will gradually be introduced into existing permits.

The new consignment note came into use on 28 September 2011. The 2003 SIC codes should continue to be recorded on consignment notes.

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 makes minor consequential amendments to this piece of legislation as a result of amendments made to the EPR 2010 and the repeal of the Radioactive Substances Act 1993.

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation produces the following hazardous waste streams:

  • Waste oil
  • Fluorescent tubes

All off site disposal of hazardous waste is accompanied by a hazardous waste consignment note. The company hold these records onsite for at least three years and are available for inspection by the regulator upon request.

During the audit it was identified that the organisation has not received any consignment note returns. The organisation must contact the waste contractor to ensure that consignment note returns are sent to the organisation. Upon receipt these should be filed alongside the original consignment note to demonstrate that waste has been disposed of in accordance with the Duty of Care.


Related Aspects

Waste Oil

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Reference: 1991 c.56

Last Update: 08/06/2012

1.3.1  WATER INDUSTRY ACT 1991, AS AMENDED

This legislation requires effluent discharges to the foul sewer to be authorised.

The Water Industry Act (WIA) regulates the discharge of trade effluent from trade premises to the foul sewer. It is a criminal offence to discharge trade effluent from trade premises into the foul sewer unless a trade effluent consent is obtained from the sewerage undertaker. Consents are normally granted subject to specified conditions. It is a criminal offence under section 121 (5) of the Act to contravene any condition attached to a trade effluent consent.  

This Act stringently controls the emissions of special category effluent to sewer. Special Category Effluent, including substances on the UK's Red List of dangerous substances, plus carbon tetrachloride and effluent likely to result in the release of more than 30kg or more of trichloroethylene or perchloroethylene in a year, is defined in the Trade Effluent (Prescribed Processes and Substances) Regulations 1989, as amended. Prescribed processes include manufacturing certain asbestos products, paper pulp manufacture, production of chlorinated organic chemicals, and processes discharging chlorinated effluents.

The sewerage undertaker (Water Company) has a power to vary a trade effluent consent unilaterally by giving two months’ notice to the discharger and may use this power in order to enable it to meet the requirements imposed upon its sewage treatment works by the Regulator under the Water Resources Act 1991.

The Water Industry Act 1999 amends the 1991 Act and outlines the specification for water and sewerage charges in England and Wales and makes provision for the establishment of a water industry commissioner in Scotland. The Water Industry (Special Administration) Rules 2009 applies the Insolvency Act 1986 to water and sewerage suppliers in the event that they go into administration.

The Water Supply (Amendment to the Threshold Requirement) Regulations 2011 amend this Act so as to reduce the threshold level for water supply to specified premises from 50 megalitres to 5 megalitres. The threshold is the minimum quantity of water estimated to be supplied annually to any premises by a licensed water supplier. A licensed water supplier may not enter into an undertaking with a new customer to supply water to their premises unless the threshold requirement is satisfied.

The Water Industry (Financial Assistance) Act 2012 (covering England and Wales) enables the Secretary of State to provide financial assistance to water and sewage undertakers and other waste suppliers licensed under the WIA to secure a reduction in water and sewerage bills where desirable to do so.

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation has two point source releases to foul sewer; the Detergent Line effluent treatment plant and the Anodising Line effluent treatment plant. The detergent effluent treatment tank also receives discharges from the cooling water system.

Both have discharge consents regulated by Water Company plc. Additionally, these releases are regulated by the Environment Agency through the company’s PPC permit. These discharges run to foul sewer before being treated offsite at a wastewater treatment works.  

The organisation reported that it is within the parameters set by both Water Company plc and the Environment Agency and that the effluent treatment tanks are fitted with continuous monitoring and are alarmed in the event of the releases being out of specification. Previous problems with pH levels were resolved by installing a dosing plant.


Compliance

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Reference: 2001/7

Last Update: 05/08/2014

1.4.1  CLIMATE CHANGE LEVY (REGISTRATION AND MISCELLANEOUS PROVISIONS) REGULATIONS 2001, AS AMENDED

The Climate Change Levy (CCL) is a tax applied to energy consumed by business and the public sector and is automatically added to energy bills.

The Finance Act 2013 applies rates from 1 April 2014.

  April 2014 April 2015 Units
Electricity 0.541 0.554 p/kWh
Natural Gas 0.188 0.193 p/kWh
LPG 1.210 1.240 p/kg
Any other taxable commodity 1.476 1.512 p/kg

Climate Change Agreements (CCAs)

CCAs are available within certain sectors. Participation in the sector scheme will result in a reduction in the levy by 90% (for electricity) and 65% (gas, liquid hydrocarbon fuels, other taxable commodities) in exchange for commitment to sector negotiated energy or carbon reduction targets. Failure to meet targets would require the organisation to buy carbon credits to make up the shortfall, a situation that is potentially very expensive.

Phase 2 of the CCA scheme runs from April 2013 to April 2023 and is administered and regulated by the Environment Agency across the UK.

Carbon Price Support

Fuel used to generate electricity was exempt from the CCL until the Finance Act 2013 introduced a new tax, the Carbon Price Support (CPS). Generators with >2MW capacity must now pay the CPS on fuel used to generate electricity.

Individual CHP plants >2MW must pay the CPS on the proportion of fuel (coal, gas, kerosene and LPG) used to generate electricity. The proportion used to generate heat is exempt.

Fossil fuels used in good quality combined heat and power (CHP) plants will be exempt from the carbon price floor from 1 April 2015.

CPS rates are detailed below:

Fuel CPS Rate (2013/14) CPS Rate (2014/15) Units
Gas 0.334 0.331 p/kWh
LPG 5.307 5.28 p/kg
Coal 44.264 154.79 p/GJ
Gas Oil & Kerosene 1.365 4.916 p/l
Fuel Oil 1.568 5.711 p/l

 

 

 

 

 


The CPS rate per tonne of carbon is frozen at £18 until April 2020. This has also freezed these rates on each commodity during this period.

Amendments

The Climate Change Levy (Miscellaneous Amendments) Regulations 2005 deal with treatment of exemptions for CHP plant and also extend levy exemptions to various recycling processes.

The Climate Change Agreements (Energy Intensive Installations) Regulations 2006 and the Climate Change Agreements (Eligible Facilities) Regulations 2012 expand the types of installations that may be covered by a climate change agreement to include other activities such as heat-treating metals. An eligible facility is where, during a 12 month period at least 70% of the reckonable energy supplied to the facility will be used within an installation (previously 90%). The Schedule to the 2012 Regulations lists the relevant processes and activities that are considered eligible. It also removes the energy intensive criteria.

The Climate Change Levy (General) (Amendment) Regulations 2007 replace half rate (50%) reductions for energy intensive non-PPC industries such as the horticultural sector with full reduced rate (80%) reductions, and removes to 2-month time limit on generators to report electricity generation from combined heat and power (CHP) for the purposes of obtaining Levy Exemption Certificates (LECs).

Amendments to the Finance Act 2000:

  • The Finance Act 2014 will provide a 100% exemption from the CCL on energy used in metallurgical and mineralogical processes from 1 April 2014. Exempt processes are presented in HMRC guidance and include glass manufacture, metal production, processing and treatment.

    This will be supported by legislation excluding exempt energy use from the CRC energy efficiency scheme.
  • The Finance Act 2011 includes gas supplies in Northern Ireland in the levy. If the supply is treated as taking place before 1 April 2011, the levy is £0.00059 per kilowatt hour and if it is on or after that date, it is £0.00062 per kilowatt hour. It also allows the Treasury to suspend the exemption for supply for use in recycling processes where necessary.
  • The Finance Act 2009 allows the Secretary of State to: issue or vary a certificate specifying certain taxable commodities are ineligible for reduced rate under the CCL; and, remove the reduced rate of the CCL where targets set by a CCLA have not been met. The amendments have effect where the certification period began on or after 1st April 2009.

Climate Change Levy (General) Regulations 2001 amendments:

  • A 2013 amendment introduces the formula which establishes the quantity of fuel referable to the production of electricity in a CHP station on which carbon price support rates of the CCL are due.
  • second 2013 amendment corrects an error in this formula by excluding fuel used to produce mechanical power.
  • A 2012 amendment (1) removes the CCL exemption for scrap metal recycling and introduces a lower rate of 20% for taxable commodities supplied for use in steel and aluminium recycling processes.
  • A 2012 amendment (2) removes the Levy Exemption from electricity producted in CHP plants.
  • A 2011 amendment removes the requirement for the recipient of excluded, exempt or reduced rate supplies to provide a copy of the supplier certificate to HM Revenue and Customs.
  • A 2010 amendment increases the time limit for repayment from 3 to 4 years.

Other Legislation and Amendments:

Guidance

HMRC offers general guidance on the levy and specific elements,  including registration, the treatment of CHP, relief and special treatment for taxable supplies, renewable electricity and penalties and interest.

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation has entered into a climate change levy agreement (CIA/F1234) within the Chemical Industries Association agreement. Monitoring data of its consumption and targets has revealed that to date, the organisation has achieved its agreed targets. Data was submitted in last December showing the company are in compliance with their milestone target and have ringfenced approximately 1000 tonnes of CO2.


Compliance

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Reference: 1996 c.8

Last Update: 28/03/2014

INDIRECTLY APPLICABLE LEGISLATION
2.1  FINANCE ACT 1996, PART III: LANDFILL TAX, AS AMENDED

This legislation introduced a tax on waste sent to landfill. This tax was introduced under Part III of the Finance Act 1996.

All waste disposed to landfill is subject to tax based on its weight. Two rates are in place: one for inert wastes and one for non-inert wastes. HM Revenue and Customs administer the tax, which is reviewed annually as part of the Chancellor of the Exchequer’s Budget Statement.

Landfill tax powers have been devolved to Scotland and the Scottish Ministers have announced they will administer this tax from April 2015.

  • Inert wastes are currently taxed at £2.50 a tonne (April 2014). The Finance (No. 3) Act 2010 grants the Treasury powers to periodically publish criteria revising what constitutes inert or inactive waste. Article 2 of the Landfill Tax (Qualifying Material) Order 2011 specifies materials classed as inert wastes.
  • Non-inert wastes are currently taxed at a rate of £80 a tonne (April 2014). This will increase in line with retail price
  • In budget years following April 2014, the inert and non-inert rates of the tax will increase in line with the retail prices index (RPI), rounded to the nearest 5p.

Inert and Contaminated Materials                                                   

The Landfill Tax (Qualifying Material) Order 2011 implemented a list of inert material subject to the lower rate of landfill tax. The material listed is grouped under the following headings: Rocks and soils; ceramic or concrete materials; minerals; furnace slags; ash; low activity inorganic compounds; calcium sulphate; and calcium hydroxide and brine. The Landfill Tax (Qualifying Material) (Amendment) Order 2012 amended this Order so that bottom ash and fly ash from coal or petroleum coke combustion taken alone or added to biomass burnt with it have to be deposited in a cell containing no other waste at all in order to qualify for the reduced rate of landfill tax.

The Landfill Tax (Material from Contaminated Land) (Phasing out of Exemption) Order 2008 removed a previous exemption for tax on disposal of soils from contaminated land. Applications for new exemption certificates were declined from 1st December 2008. An amendment allowed completion of current projects covered by a current exemption certificate.

Landfill Operators

The Landfill Tax Regulations 1996, as amended cover registration procedures, accounting arrangements and provisions for bodies undertaking work for the environment. Detailed information on weighing procedures, obtaining credits against tax charged on waste removed from landfill and credits on overall tax liability of operators are set out. Projects eligible for funding from landfill tax revenues are established.

The Landfill Tax (Amendment) Regulations 2009 revoke Part IX of The Landfill Tax Regulations 1996, relating to temporary disposal of material at a landfill site and introduce a requirement for operators to maintain records of activities and provide information to commissioners. “Information areas” are to be maintained for material not to be disposed of as waste. Operators must maintain records of these temporary storage areas to enable determination of taxable status of material. Information required includes weight and description of material deposited, intended and actual destination/use of material and the description of any such material sorted or removed. The Landfill Tax (Amendment) Regulations 2009 also confer powers to HM Revenue and Customs, allowing them to set the format of the Landfill Tax Return Form for submission by operators.

The Landfill Tax (Amendment) Regulations 2009 and The Landfill Tax (Prescribed Landfill Site Activities) Regulations 2009 prescribe specific temporary uses of material at landfill sites eligible for landfill tax. Temporary uses may be credited back if later used in site restoration. Schedule 60 of the Finance Act 2009 establishes the regulatory environment for taxation of prescribed activities and enables information requirements.

The Landfill Tax (Amendment) Regulations 2014 set the maximum credit a landfill site operator may claim against annual landfill tax liability (in respect of qualifying contributions made) as 5.1%.

Last Update: 20/08/2012

By: Waterman

Applicability

Although not directly affected by the requirements of this legislation, the organisation disposes of much of the waste generated on site to landfill. They are therefore indirectly exposed to this tax via the rising costs charged by waste contractors of disposal to landfill.

The organisation should be aware of the implications of this tax and consider setting company waste minimisation targets in order to reduce both waste and associated financial burdens.

Reference: 2010/75/EU

Last Update: 14/04/2014

FORTHCOMING

3.1  INDUSTRIAL EMISSIONS DIRECTIVE

The Industrial Emissions Directive (2010/75/EU) has been introduced to consolidate and streamline existing Directives on various aspects of pollution prevention and control into one overarching Directive. The main changes relate to the inclusion of activities in permitting requirements, a strengthening of BAT applications and stricter emissions limits.

This Directive supersedes the Integrated Pollution Prevention and Control (IPPC) Directive (2008/1/EC). Member States have two years, beginning 6 January 2011, in which to apply the Industrial Emissions Directive (IED) in their national legislation. The IED consolidates six current Directives; these are: the Solvent Emissions Directive (1999/13/EC), the Waste Incineration Directive (2000/76/EC), the Large Combustion Plants Directive (2001/80/EC) and three Directives on the titanium dioxide industry (78/176/EEC, 82/883/EEC and 92/112/EEC). These Directives will be repealed as of 7 January 2014.

The structure of the IED is very similar to the IPPC Directive, but improvements have been made to the clarity of the text to avoid ambiguity. The key requirements set out in the IED include:

  • Recovery of non-hazardous waste is now included in the scope of the IED, which is likely to mean that installations that currently have EPR waste permits, waste management licences or exemptions will need new permits;
  • Preservation of wood products is now a prescribed activity under the IED meaning that existing Part B installations would become Part A and many without environmental permits would require them;
  • Strengthening of the application of Best Available Techniques (BATs) by making controls described in BREF notes mandatory (this means little or no change in the UK, where regulators have already applied BATs in this way);
  • Implementation of the mandatory application of the waste hierarchy as prescribed in the revised Waste Framework Directive (2008/98/EC), making it clear that affected installations will have to apply the hierarchy;
  • Specified minimum frequency of inspections: higher-risk sites will be visited annually and low-risk sites will only require inspections every three years (again this will mean little or no change in the UK);
  • Introduction of means by which regulators can assess environmental risk, such as the application of EMAS (eco-management and audit scheme) and compliance records;
  • Emission limit values for nitrogen oxides, particulate matter and sulphur dioxide will be stricter from 2016 and limits on carbon monoxide will be introduced.

Many of the provisions strengthen those already set out in the IPPC Directive and therefore are already in force in UK law; for example, permitting, site remediation, monitoring of emissions and releases, inspections and provisions for BATs.

The IED will be transposed into UK law through amendments to existing legislation such as the Environmental Permitting Regulations for England and Wales and the PPC Regulations for Scotland.

Decision 2012/115/EU exempts combustion plants originally permitted before 27 November 2002 from complying with emission limits set down in the IED for the period 1 January 2016 to 30 June 2020. Such plants would be obligated under an emissions ceiling for NOx, SOx and dusts, which will be calculated and set out in the transitional plan.

Excluded plants include:

  • Waste incineration and co-incineration plants;
  • Two or more combustion plants sharing a common stack;
  • Plants within refineries (whether operated by the refinery operator or not), firing low calorific gases from the gasification of refinery residues or the distillation and conversion residues from the refining of crude oil for own consumption, alone or with other fuels.

Establishment of BAT

A 2012 Decision sets the framework for BAT, which will lay down:

  • conclusions on best available techniques;
  • their description;
  • information to assess their applicability;
  • the emission levels associated with the best available techniques;
  • associated monitoring;
  • associated consumption levels; and
  • where appropriate, relevant site remediation measures.

BAT documents will be used for set permit conditions.

Reference: 2008/99/EC

Last Update: 14/09/2011

3.2  ENVIRONMENTAL CRIME DIRECTIVE

The draft Directive requires member states to criminalise a wide range of environmental breaches where they have been committed "intentionally" or with "serious negligence". 

In most cases the unlawful activity must have caused, or be likely to cause, death, serious injury or substantial damage to the environment. These offences include:

  • discharge, emission or introduction of materials or ionising radiation into air, soil or water;
  • treatment, disposal, transport or storage of waste;
  • operation of a plant in which a dangerous activity is carried out or dangerous substances are stored; and
  • handling of hazardous radioactive substances.

Unlawful activities falling under the Directive must have been conducted in breach of EU or domestic environmental legislation. For some offences covered by the Directive, there is no need to demonstrate substantial damage to the environment or people:

  • illegal shipment of waste for profit;
  • handling of specimens of protected fauna and flora;
  • deterioration of protected habitat; and
  • unlawful trade in or use of ozone-depleting substances.

Maximum prison terms against individuals are likely to range between 5-10 years where the offence was committed intentionally and caused death or serious injury.

In the case of offences committed by "legal persons", such as companies, the Directive allows member states to apply criminal or non-criminal sanctions. These sanctions shall "not exclude" criminal proceedings against individual directors or managers who are "perpetrators, instigators or accessories to the offences". Fines up to €1.5 million are proposed where the offence was committed intentionally and caused death.

UPDATE: This Directive had to be implemented in December 2010. Waterman reviewed the status of its implementation in September 2011. No reference to this Directive being directly enacted into UK legislation was identified with the exception of the Water Supply (Water Quality) (Amendment) Regulations (Northern Ireland) 2009 and a reference from the Scottish Government stating that, with regard to waste crime..."It is the Government's view that the existing provisions of Scots law meet this requirement". It is interpreted that existing provisions with statutory legislation meet the requirements of the Environmental Crime Directive.

Last Update: 20/08/2012

By: Waterman

Applicability

The organisation should be aware of this proposed legislation and ensure that all staff are informed of their own responsibilities once it comes into force

Reference: 2014 c.21

Last Update: 13/06/2014

3.3  WATER ACT 2014

This Act aims to improve water supply and sewerage resilience while providing an effective market for the water sector. It largely applies to England and Wales and mainly amends the Water Industry Act 1991. Its impact on Scotland and Northern Ireland is largely limited to establishing a cross border market with England and Wales and Flood Insurance.

Environmental Permitting (England and Wales)

  • The Act provides powers to integrate licensing for abstraction and impounding, fish pass approvals and flood defence consents into the Environmental Permitting Regime.
  • The Government is required to consult prior to the introduction of regulations to bring these powers into force.

Water System Resilience and Sustainability

The Act:

  • applies a duty on Ofwat to take long-term resilience into greater account;
  • enables ministers to set requirements for drought planning by water companies; and
  • supports the uptake of Sustainable Drainage Systems (SuDS) by clarifying that the construction and maintenance of SuDS can be a function of sewerage undertakers.

Market and Legal Reform

The Act:

  • permits all businesses, public sector and charity customers in England to switch water and sewerage supplier;
  • supports entrants to the market in providing water or sewerage treatment services (termed “upstream services”);
  • assists owners of small scale water storage, such as farmers and owners of private reservoirs, to sell excess water into the supply system. Any sales will be subject to environmental safeguards;
  • supports the sale of water between water companies;
  • simplifies the process of connecting new developments to the mains and sewer systems; and
  • reduces bureaucracy associated with the administration of Internal Drainage Boards.

Insurance Support

  • Development of a flood re-insurance scheme to provide homeowners in high flood risk areas with affordable flood insurance. This will be financed through an industry-wide levy recovered by increases on all householder premiums.

Reference: 2014/1643

Last Update: 31/07/2014

ENERGY SAVINGS OPPORTUNITY SCHEME REGULATIONS 2014

These regulations implement the Energy Savings Opportunity Scheme (ESOS) scheme, which requires energy efficiency audits. Undertakings subject to ESOS are required to calculate their total energy use, which must then be audited by an approved assessor. The assessor is required to identify reasonably practicable and cost effective ways to improve the undertaking’s energy efficiency.

These regulations implement Article 8(4), (5) and (6) of the Energy Efficiency Directive (2012/27/EU). The Environment Agency administrates the ESOS scheme across the UK, and specific regulators are in place for each state and offshore.

Compliance Periods

Undertakings subject to ESOS are required to have received an ESOS audit and submitted the respective notification to the Environment Agency by 5 December 2015. After this date, audits must be repeated and notified by 5 December every fourth year. These due dates are termed “compliance dates” under these regulations.

Scope

All large undertakings (and any small or medium undertakings within the same corporate group as a large undertaking) must participate in ESOS if they meet the definition of a “large undertaking” on 31 December 2014 or on 31 December preceding the start of each subsequent four year compliance period.

A “large undertaking” is defined as having:

  • 250 or more UK employees; and/or
  • an annual turnover over €50million and annual balance sheet total exceeding €43million.

Group undertakings are required to participate in ESOS as a group by default, although individual undertakings may participate individually if agreed in writing.

Exemptions

Public sector bodies and insolvent undertakings are outside the scope of ESOS.

ESOS audits are not required where organisations meet the following criteria:

  • Certification is held to ISO 50001 on the ESOS compliance date. This certification must cover at least 90% of the company’s energy use; or
  • A display energy certificate or green deal assessment covering at least 90% of the company’s energy use is valid on the ESOS compliance date.

ESOS Audits: Required Evidence

Undertakings subject to ESOS must compile “evidence packs”, which must include any data required to calculate total energy consumption and facilitate an energy audit. Data must be:

  • Reflective of at least 90% of the undertaking’s energy consumption, including all energy supplied, consumed by assets held or used in activities carried out.
  • Reflective of all usage by buildings, industrial process and transport; and
  • Verifiable and cover a 12 month consecutive period no more than 24 months prior to the commencement of the energy audit. Shorter term data may only be used if this is notified to the Environment Agency and a reasonable annual usage estimate is made.

Evidence packs must also include further information as available, including:

  • Records of previous ESOS audits;
  • Evidence of the certification of any energy management system, display energy certificate or qualifying green deal assessment (as relevant);
  • Records of previous notifications to the Environment Agency by lead assessors concerning prior ESOS audits; and
  • Any written agreements for individual group undertakings to carry out ESOS assessments independently.

Evidence packs must be retained for at least two of the four year compliance periods after they were first used.

ESOS Audits: Assessments and Notification

Undertakings subject to ESOS must appoint at least one approved lead assessor.

The assessor is required to:

  • Analyse the participating undertaking’s energy consumption and efficiency on the basis of their assets and activities consuming energy;
  • Identify means to improve energy efficiency;
  • Recommend reasonably practicable and cost effective means to improve efficiency; and
  • Estimate costs and benefits from each energy saving opportunity given.

Following completion of the ESOS audit, the lead assessor is required is required to notify the Environment Agency that the participating undertaking’s duties have been met. This notification must include confirmation that a “responsible officer” from the undertaking is satisfied they have complied with the scheme and information to be notified is correct.

Lead Assessors

Lead assessors under ESOS are those whose name appears on the approved register operated by the Environment Agency. The Environment Agency is required to keep this register up to date and review approvals at least every four years.

The Environment Agency is to determine whether persons qualify for approval on the basis of the competence requirements under PAS 51215 standard (Energy efficiency assessment – Competency of a lead energy assessor).

Enforcement

Enforcement notices and financial penalties may be issued against undertakings should they fail to meet their duties under these regulations.

RELEVANT GUIDANCE

Reference: MCERTS

Last Update: 07/05/2014

OTHER REQUIREMENTS

4.1  MONITORING AND CERTIFICATION SCHEME (MCERTS)

The MCERTS certification scheme is designed to improve the quality of emissions monitoring data to ensure regulatory compliance.

The scheme covers the certification of instruments; the competency certification of personnel; and the accreditation of laboratories and on-site inspections.

Monitoring to MCERTs standards is commonly required for organisations obligated under the IPPC Directive (2008/1/EC) and Urban Wastewater Treatment Directive (91/271/EEC). Permits issued under the IPPC Directive will dictate whether monitoring is required, and if so, the frequency and type of monitoring and the substances to be detected. It is then best practice to undertake such monitoring using MCERTs certified equipment using MCERTs accredited personnel and laboratories.

MCERTS guidance is available for monitoring emissions to atmosphere and water, and for soil analysis. Guidance varies depending on the substance and type of monitoring and to which media.

Operator Monitoring Assessment (OMA)

Environmental Regulators may undertake an Operator Monitoring Assessment (OMA) audit to establish the quality of a company's monitoring regime. The audit typically entails interviews with relevant site personnel, inspections of monitoring locations and a review of appropriate documentation such as:

  • Copies of monitoring procedures;
  • Performance and validation data for methods used, for example, limits of detection including surrogate methods such as mass balances;
  • Training records;
  • Calibration and maintenance procedures and records; and
  • equipment instruction manuals.

Last Update: 20/08/2012

By: Waterman

Applicability

As part of the environmental permit, the organisation has a requirement to report on NOx and CO emissions to air from the process boiler. The organisation must ensure that monitoring is undertaken to the appropriate MCERTS standard by a suitably qualified contractor.


Compliance

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Reference: PPGs

Last Update: 09/07/2014

4.2  POLLUTION PREVENTION GUIDELINES (PPGs)

Pollution Prevention Guidelines (PPGs) were jointly produced by the Environment Agency, Northern Ireland Environment Agency (NIEA) and the Scottish Environment Protection Agency (SEPA).

This practical guidance aims to help companies implement measures to prevent pollution occurring in a number of different scenarios.  All guidance should be considered within the context of each individual site. PPGs are also issued with the following caveat from the Regulators:

Following these guidelines doesn’t remove your responsibility to comply with the law and prevent pollution from your activities. Causing or allowing pollution is a criminal offence: compliance with this or any guidance isn’t a defence. You should make sure that the references to other sources of guidance are still current; use updated guidance if it exists.

Guidelines

* - guideline archived by the Environment Agency and no longer live in England.

Checklist

In Wales, the 'Is your site right?' checklist replaces a number of withdrawn PPGs. This checklist has been archived in England.

Last Update: 20/08/2012

By: Waterman

Applicability

THe organisation should be review the PPGs and implement relevant guidance. The following PPGs are noted as being particularly relevant to activities on site:

  • PPG 1 General guide to the prevention of pollution
  • PPG 2 Above ground oil storage tanks
  • PPG 3 Use and design of oil separators in surface water drainage systems
  • PPG8 Safe storage and disposal of used oils
  • PPG18 Managing fire water and major spillages
  • PPG 21 Pollution incident response planning
  • PPG26 Storage and handling of drums and intermediate bulk containers (IBCs)


Related Aspects

Flooding

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