Environmental Legal Update

With Changes to the Packaging Regulations and Permitting Requirements, revoking of Site Waste Management Plans and the requirement for GHG gases reporting the end of 2013 promises to continue to be a year of change in the environmental sector.  Here at Corporate Risk Systems our team is ready to help you with your environmental training and consultancy needs, from those wishing to enter or progress within the Environmental Sector our unique range of courses can take you from a basic introduction to Full Membership of IEMA. For Further information contact Ros.Stacey@CRSRISK.COM or call 01283 509175.

Construction

• The Site Waste Management Plans Regulations 2008 SI 314 (Environment Agency and Local Authority)
  This legislation is to be revoked on 1 December 2013 as part of the Government’s Red Tape challenge. Currently the Regulations require the preparation of a site waste management plan for any construction projects with an estimated cost of over £300,000.

Industrial Emissions Directive

• The Industrial Emissions Directive (IED)
  The Environmental Permitting (England and Wales) (Amendment) Regulations 2013 were made on the 20 February and came into force on 27 February. These Regulations transpose the requirements of the Industrial Emissions Directive (IED).

Air

• The Companies Act 2006 (Strategic Report and Directors’ Report) Regulations 2013 SI 1970
  These Regulations came into force on 1 October requiring companies to include disclosures on greenhouse gas emissions in the directors’ report.
• The Climate Change Levy (General) (Amendment No.2) Regulations 2013 SI 1716 (HMRC)
  These Regulations come into force on 1 August and amend the Climate Change Levy (General) Regulations 2001 SI 838. They replace the previous formula used in the calculations for CHP.
• The Environmental Permitting (England and Wales) (Amendment) Regulations SI 2013/390 (Environment Agency)
  These regulations have now been published and amend the Environmental Permitting (England and Wales) Regulations SI 2010/675 implementing the Industrial Emissions Directive (IED) 2010/75/EU. The following Regulations are now revoked the Clean Air Enactments (Repeals and Modifications) Regulations 1974, the Control of Industrial Air Pollution (Transfer of Powers of Enforcement) Regulations 1987 and the Control of Asbestos in the Air Regulations 1990.
• The Climate Change Levy (Combined Heat and Power Stations) (Amendment) Regulations 2013 (HMRC)
  These Regulations came into force on 1 April 2013, amending the Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 (SI 2005/1714) providing some exemptions from the climate change levy.
• Renewable Transport Fuel Obligations (Amendment) Order SI 2013/816 (Department of Transport)
  This Order amends the Renewable Transport Fuel Obligations Order 2007 and expands the RTF obligation to cover suppliers of fuel for additional end uses.

Chemicals

• The Detergents (Amendment) Regulations 2013 SI 1244 (Local Authorities)
  These Regulations amend the Detergents Regulations 2010 following changes made by EU Regulation 259/2012 amending Regulation (EC) No 648/2004 around the use of phosphates and other phosphorus compounds in consumer laundry detergents and consumer automatic dishwasher detergents.

Environmental permitting

• Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations SI 2013/766 (Environment Agency)
  These Regulations amend specific sections of the Landfill Directive, the Environmental Permitting (England and Wales) Regulations 2010 and the Control of Major Accident Hazards Regulations 1999 to make provision for the storage of metallic mercury waste.

Energy

• The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2013 SI 1232
  These Regulations amend parts of the Ecodesign for Energy-Related Products Regulations 2010 and the Energy Information Regulations 2011.
• CRC Energy Efficiency Scheme Order 2013 SI 1119
  This order amends the CRC Energy Efficiency Scheme Order 2010 and the CRC Energy Efficiency Scheme (Amendment) Order 2011.The revision aims to simplify the mandatory trading scheme put in place to improve energy efficiency and reduce greenhouse gas emissions.
• The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2013 (Environment Agency)
  These Regulations come into force on 1st June 2013 amending the CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2012 SI 1386.
• The CRC Energy Efficiency Scheme Order 2013 (Environment Agency)
  This Order establishes an emissions trading scheme in respect of greenhouse gases and applies to direct and indirect emissions from supplies of electricity and gas by public bodies and undertakings.
• The Renewable Heat Incentive Scheme (Amendment) Regulations 2013 SI 1033
  These Regulations amend the Renewable Heat Incentive Scheme Regulations 2011 introducing a new mechanism for setting tariffs for accredited plants and producers of biomethane for injection.

Land

• Nitrate Pollution Prevention (Amendment) and Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2013 SI 1001 (Environment Agency).
  These Regulations came into force on the 17 May and amend parts of the Nitrate Pollution Prevention Regulations 2008 SI 2349 and the 2010 Regulations. They aim to provide protection of waters against pollution caused by nitrates from agricultural sources by revising the designations of nitrate vulnerable zones in England.

Waste

• The Packaging (Essential Requirements) (Amendment) Regulations 2013
  These Regulations amend the 2003 Regulations and implement the definition of packaging provided in the revised Packaging Directive 2013/2/EU
• Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations SI 2013/2258
  These Regulations allow a local authority to have regard to applicants past convictions or relevant offences during the application process for a scrap metal licence.
• The Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013 SI 2276
  These Regulations set out the documents and information which can be used to verify the full name and address of the person who supplies the scrap metal before receiving it.
• Scrap Metal Dealers Act 2013 (Commencement and Transitional Provisions) Order 2013 SI 1966
  This Order brings into force the Scrap Metal Dealers Act 2013 which repeals the Scrap Metal Dealers Act 1964 and replaces the previous system of site registration with a new system of licensing, which will be administered by local authorities.
• The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013
  These Regulations came into force 23rd July 2013 and amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, which implement Article 6 (1) of the European Parliament and Council Directive 94/62/EC on packaging and packaging waste. They provide for the calculation of glass packaging waste that a producer must recycle by re-melt and ensures that the glass re-melt target is applied to a producer’s glass recycling obligation.
• Packaging Waste Directive 2013/2/EU
  The changes amend Annex 1 of the Packaging Waste Directive 94/62/EC and seek to clarify what is packaging and what is not.

Water

• The Nitrate Pollution Prevention (Designation and Miscellaneous Amendments) Regulations 2013 SI 2619 (Environment Agency)
  These Regulations amend provisions within the 2008 Regulations and implement the revised designations of nitrate vulnerable zones in England.
• The Bathing Water Regulations 2013 SI 1675 (Environment Agency)
  These Regulations revoke and replace the Bathing Water Regulations 2008 and implement, in England and Wales, the EU Directive 2006/7/EC on the management of bathing water quality which repeals the current Bathing Water Directive 76/160/EEC.
• The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013 (Environment Agency)
  The Reservoirs Act is in place to minimise the risk of flooding from dam and reservoir failures. These Regulations will provide review and appeal against designations and changes to timings of inspections.

Source: http://www.environment-agency.gov.uk