REGISTER OF LEGISLATION
ISO 14001
1.0 Scope
The scope of this Register of legislation covers all our organisational areas:
Locations Description of Business
Headquarters
“Address”
Other locations as listed:
“Address”
2.0 Purpose
The purpose of this Register of Legislation is as follows:
a) To make information available to management. b) To provide a record and understanding of the current legislation applicable at each location and enable updating as required. c) To enable actions and decisions to be made the environmental management of the organisation.
Amendment Record
Revision Issue date Description Authorised by
1 19/07/2004 Initial Issue Environmental Manager
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ISO 14001
NOTE: THIS DOCUMENT IS AN EXAMPLE ONLY OF THE TYPE OF DOCUMENT THAT COULD BE PRODUCED AND WILL BE DEPENDANT UPON THE COMPLEXITY OF THE ORGANISATION AND THE TYPE OF WORK THAT IT IS INVOLVED IN. THIS DOCUMENT IS NEITHER CURRENT OR ACCURATE FOR A SPECIFIC ORGANISATION AND IS ONLY INTENDED TO GIVE AN IMPRESSION OF THE POTENTIAL FOR A REGISTER OF LEGISLATION.
Contents
1. Emissions to Air
2. Noise
3. Liquid waste / Emissions to Water
4. Solid Waste & Packaging Materials
5. Land Contamination
6. Energy
7. IPPC Integrated Pollution Prevention & control
8. Miscellaneous Legislation
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ISO 14001
1. Emissions to Air
The manufacture of chemicals will involve varied emissions to air many of which could have a significant environmental impact unless carefully controlled and/or treated. For the Chemicals manufacturing industry, much of the legislative control will be enacted through the Pollution Prevention and Control (England and Wales) Regulations 2000 (PPC 2000) for Part B processes (See section 7 IPPC). Certain prescribed industrial processes and businesses require an authorisation from the environmental regulator (local authorities in England and Wales) before they can lawfully operate. These processes are listed in the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 which assesses each case based on different categories of process, essentially on the basis of their likely environmental impact. Less polluting processes are regulated only in respect of their emissions to air. This system is being phased out according to according to a transitional timetable set out in Schedule 3 of PPC 2000. Schedule 1 of PPC 2000 lists those prescribed processes requiring a permit to operate.
Environmental Protection Act (EPA) 1990, Part III (Statutory Nuisance)
Dust, steam, odour or other effluvia emitted from industrial, trade or business premises that are prejudicial to health are defined as ‘Statutory nuisances’ under s.79 of this Act. Subject to Local Authority Abatement Notices. Breach of notice or order is a criminal offence.
Clean Air Act 1993
Relating to Smoke, grit, dust or fumes emitted from a premises. The main provisions of the Act co-exist with the Statutory Nuisance provisions of the EPA 1990.
Environment Act 1995, part IV
Which makes provisions for the NAQS (national air quality strategy) The NAQS is enforced by local authorities and include the following regulations:
Air Quality Standards (Amendment) Regulations 1995 (SI 1995 No. 2146) Air Quality Regulations 1997 (SI 1997 No. 3043) Air Quality Limit Values Regulations 2003
Environmental Protection Act (EPA) 1990, Part I, part B (less polluting substances) (IPPC) EC Directive 96/61//EC on Integrated Pollution Prevention and Control, enacted in the UK by the Pollution Prevention and Control Act 1999, that is implemented by the Pollution Prevention and Control Regulations 2000 (England & Wales) (PPC)
Subject to Local Air pollution control (LAPC) that is currently being extended and replaced by the European Integrated Pollution Prevention and Control Directive (IPPC) (see section 7 IPPC).
Environmental Protection (Prescribed Processes and Substances) Regulations 1991
Listing prescribed industrial processes and businesses that will require an authorisation from the environmental regulator before they can lawfully operate.
The Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996
This legislation applies controls on the use, production, importation and exportation, placing on the market, recovery, recycling and destruction of substances that have an adverse impact on the ozone layer in the upper atmosphere. These regulations are likely to apply if you use or handle refrigeration, air conditioning or dry cleaning equipment, insulating foam, industrial solvents or halon fire-extinguishing systems.
The Solvent Emissions (England and Wales) Regulations 2004
Made under section 2 of the Pollution Prevention and Control Act 1999 and concerning the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations. This legislation implements provisions of European Council Directive 1999/13/EC. The Directive requires all installations carrying out activities listed in Annex I of the Directive above the thresholds in Annex IIA of the Directive to comply with certain emission limit values.
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ISO 14001
Emissions to Air summary Key legislation for industrial processes:
Environmental Protection Act (EPA) 1990 Clean Air Act 1993 The Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996 The Solvent Emissions (England and Wales) Regulations 2004 Environmental Protection (Prescribed Processes and Substances) Regulations 1991 Pollution Prevention and Control Regulations 2000 (England & Wales)
Key legislation for ambient air quality:
Environment Act 1995 Air Quality Regulations 1997
2. Noise
For environmental purposes, noise is defined as ‘unwanted sound’. Noise is considered a nuisance in common law and a statutory nuisance if it is prejudicial to health or unreasonably interferes with an individuals rights or enjoyment of their property.
Assessment of noise levels is based on methods described in BS 4142.
Environmental Protection Act (EPA) 1990
The EPA 1990 gives an aggrieved individual the right to take action through a magistrate’s court for statutory noise nuisance. Defence against such a claim can include the use of best available techniques (BAT) to prevent or control the noise or that the operations were conducted in accordance with its consent.
Health and Safety at Work Regulations 1974 s.15 – effected by the Noise at work Regulations 1989, which implement the requirements of EC Directive 86/188/EEC on the protection of workers from the risks related to exposure to noise at work.
See HSE Noise at Work Guides 1 to 8.
The Supply of Machinery (Safety) Regulations 1992 implementing the requirements of EC Directive 89/392/EEC providing for the harmonisation of basic safety requirements for machinery produced within the EU and including noise.
Noise Summary
Key legislation for Noise
Environmental Protection Act (EPA) 1990 Health and Safety at Work Regulations 1974 Noise at work Regulations 1989 The Supply of Machinery (Safety) Regulations 1992
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ISO 14001
3. Liquid waste / Emissions to Water
Due to the highly polluting nature of many of the raw materials used by the chemicals Industry, PPC 2000 requires that any company carrying out processes listed under ‘Processes subject to IPPC or LAPPC’ (see section 7 IPPC) apply for a permit to carry out those processes and have management systems in place to minimise the potential environmental impacts. The legislation listed below will be relevant should the company produce liquid wastes that are disposed of offsite, stored onsite, transported by the company, released to natural water courses or to foul sewers or if the company takes delivery of or stores/dispatches liquid wastes that could find their way into the ground, drains or water courses if handled or stored incorrectly.
Discharges to sewer are covered by trade effluent consents issued by Local Authorities, while discharges to surface waters are regulated by the Environment Agency. Environmental Protection (Prescribed Processes and Substances) Regulations 1991 Containing Schedule 5 that lists the 23 substances that are particularly hazardous to the aquatic environment. The same substances plus two others are listed in the Trade Effluents (Prescribed Processes and Substances) Regulations 1989. The Environment Agency is involved in any application for consent to discharge such substances whether to sewers or controlled waters as a trade effluent.
Water Resources Act 1991 s.85 Making it an offence to ‘knowingly permit’, or through ‘lack of action’ cause the pollution of controlled waters i.e. surface water gullies, watercourses and ground water.
Water Resources Act 1991 s.86 Making it an offence to cause or knowingly permit any matter other than trade effluent to enter controlled water by discharge from a drain or sewer.
Water Resources Act 1991 s.160 as amended by the Environment Act 1995 Empowering the Environment Agency to serve ‘works notices’ where it appears to the agency that any poisonous, noxious or polluting matter or any solid waste matter is likely to enter or be present in any controlled waters. This may include the provision of a bund wall around above ground storage tanks even though no pollution has yet been caused.
Water Resources Act 1991 s.161 as amended by the Environment Act 1995 Empowering the Environment Agency to carry out any works or operations to prevent the pollution of controlled waters or restore such waters after pollution.
Environmental Protection Act 1990 s.73 Providing for civil liability in the case of damage caused to water by waste deposits.
Environmental Protection Act 1990 s.81 Allowing private individuals to bring action against polluters.
Control of Pollution Act 1974 (COPA) The Prevention of Oil Pollution Act 1971 Making it an offence for oil, or a mixture containing oil to be discharged to water from a place on land.
Control of Major Accident Hazards (COMAH) The COMAH legislation exists to ensure that businesses take measures to prevent major accidents and to limit the consequences should an accident occur. The threshold quantities concerned vary depending on the dangerous substance. COMAH is implemented and regulated by the HSE.
Pollution Prevention and Control Regulations 2000 (England & Wales) (PPC) PPC 2000 is intended to apply an integrated environmental approach to the regulation of certain industrial activities. Water summary - Key legislation for Liquid waste / Emissions to Water
Environmental Protection (Prescribed Processes and Substances) Regulations 1991 Environmental Protection Act 1990 Water Resources Act 1991 Environment Act 1995 Control of Major Accident Hazards (COMAH) Regulations 1999 Pollution Prevention and Control Regulations 2000
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ISO 14001
4. Solid Waste & Packaging materials
The following legislation will apply if the company intends to: discard or intend to discard any substance or object as waste (irrespective of the toxicity or amount of the waste concerned), store significant quantities of hazardous (toxic, oxidising, explosive or flammable) waste, take delivery of, store or dispatch wastes that could find their way into the ground, drains or water courses if handled or stored incorrectly, involved in storing, treating, keeping or final disposal of waste or transport waste from one place to another. If the company carries out any of the processes listed under 'Processes subject to IPPC or LAPPC’ (see section 7 IPPC) the Pollution Prevention and Control Regulations 2000 may also apply.
Environmental Protection Act 1990, (Part II, s.75), terms of definition are clarified by the Controlled Waste Regulations 1992 (SI 1992 No. 588), as amended by the Environment Act 1995
Providing a legal definition of waste
Environmental Protection Act 1990 s.33 (b)
Making it an offence to treat, keep or dispose of controlled waste without a waste management licence.
Environmental Protection Act 1990 (Part II, s.34, Duty of Care) applying to ‘controlled waste’. Environmental Protection (Duty of Care) Regulations 1991 (SI 1991 No. 2839)
Providing details and requirements for the treatment, transfer, management and disposal of controlled waste.
Special Waste Regulations 1996 (SI 972) Special Waste (Amendment) Regulations 1996 (SI 2019) and (SI251)
Waste is defined as ‘special’ if it is listed on the EC hazardous waste list and displays one of the 14 hazardous properties listed in schedule 2, part II of the special waste regulations 1996.
Control of Pollution (Amendment) Act 1989
With regard to pollution caused by waste.
Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (SI 1997 No. 648) (as amended to 2003) The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003
Detailing requirements for recovery and recycling of packaging waste (Only applies to organisations with an annual turnover of more £2M plus or who deal with packaging in excess of 50 tonnes annually)
The Packaging (Essential Requirements) Regulations 2003
Imposing a duty on a responsible person (as defined in regulation 2(2)) who places packaging on the market to ensure that it satisfies the relevant essential requirements.
Chemical (Hazard, Information, and Packaging) Regulations 1994 (as amended up to 2002) [CHIP2] The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
Requiring that waste be assessed for the presence of dangerous chemicals.
Waste Management Licensing Regulations 1994 (as amended up to 2003) Waste Management Licensing (England) (Amendment) Regulations 2003
Requiring that any organisation intending to keep, treat or dispose of controlled or special waste hold the appropriate license.
Pollution Prevention and Control Regulations 2000 (England & Wales) (PPC)
PPC 2000 is intended to apply an integrated environmental approach to the regulation of certain industrial activities.
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ISO 14001
Solid Waste & Packaging materials summary
Key legislation for waste
Environmental Protection Act 1990 Environmental Protection (Duty of Care) Regulations 1991 Controlled Waste Regulations 1992 Environment Act 1995 Special Waste Regulations 1996 The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 Waste Management Licensing Regulations Pollution Prevention and Control Regulations 2000
5. Contaminated Land
For information purposes:
Throughout the UK there are thousands of sites that have been contaminated by past activities or practices. These may present a threat to the environment and/or pose a risk to human health. Those responsible for contaminating land or those who own/occupy contaminated land could be liable for substantial clean up costs. (Environment Agency)
The Environment Protection Act 1990 as amended by The Environment Act 1995
In England, Wales and Scotland Part IIA of the Environment Protection Act 1990 provides a framework for the identification and remediation of contaminated land.
The Prevention of Oil Pollution Act 1971
Making it an offence for oil, or a mixture containing oil to be discharged to land.
The Contaminated Land (England) Regulations 2000 The Contaminated Land (England) (Amendment) Regulations 2001
The contaminated land regime has implications for those who cause or knowingly permit land to be contaminated or who own, or occupy, land that is contaminated. Regulation is by Local Authorities.
Contaminated Land summary
Key legislation for Contaminated Land
The Prevention of Oil Pollution Act 1971 The Contaminated Land (England) Regulations 2000 The Contaminated Land (England) (Amendment) Regulations 2001
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ISO 14001
6. Energy
This section is for information purposes only. The manufacture of chemicals is not likely to require direct action under energy related environmental legislation but may be affected by it both directly and indirectly and should be aware of the issues addressed by Energy Efficiency Legislation.
Chemicals manufacture can be an energy intensive industry. A Negotiated Agreement, made between the relevant trade association (The Chemical Industries Association) and the Government, may be available. Such Agreements enable signatories to claim a valuable 80% rebate on the Climate Change Levy, provided that binding targets for improving energy efficiency are met. For more information on climate changes levy agreements, contact your trade association or DEFRA
The Climate Change Levy The Climate Change Levy (General) (Amendment) Regulations 2002 The Climate Change Levy (General) (Amendment) (No. 2) Regulations 2003
The UK Climate Change Levy is intended to be fiscally neutral: the increase in energy costs being offset by a reduction of 0.3% in the employers' national insurance contributions.
UK businesses investing in selected plant and machinery that meets energy efficiency criteria will be entitled to claim 100% first-year allowances against tax.
Legislation within the Finance Act 2000 makes provision for an 80% reduction of the levy for energy intensive industries that have entered into a negotiated energy efficiency Climate Change Levy Agreement (CCLA). Facilities covered by a climate change levy agreement (CCLA) are required to deliver energy efficiency or carbon saving reduction targets in return for a discount on the levy.
Energy intensive users are those that operate a Part A process listed in Schedule 1 to the Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000/1973).
Sustainable Energy Act 2003
Making provision for the development and promotion of the Government’s sustainable energy policy, as well as amending the Utilities Act 2000 and making provisions for connected purposes.
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ISO 14001
7. IPPC Integrated Pollution Prevention & Control
The EU IPPC Integrated Pollution Prevention & Control (IPPC) Directive is a regulatory system that employs an integrated approach to control the environmental aspects and impacts of certain industrial activities. Originally enacted in the UK by the Section 1 of the EPA 1990 implemented in England by the Prescribed Processes and Substances Regulations 1991 (listing which pollutants (prescribed substances) are covered by IPC/LAPC), It involves determining the appropriate controls for industry to protect the environment through a single permitting process. To gain a permit, operators have to show that they have systematically developed management systems designed to apply the Best Available Techniques (BAT – see front page for definition) and meet certain other requirements taking account of relevant local factors.
IPC is now being replaced in the UK by the Pollution Prevention and Control Act 1999, implemented by the Pollution Prevention and Control Regulations 2000 (England & Wales) (PPC). PPC 2000 Part A (A1) and A (A2) in England and Wales include new issues not previously covered by IPC such as: Energy Efficiency, Waste Minimisation, Vibration & Noise.
It is important for each installation to identify which ‘Part’ of IPPC or LAPPC (Local Air Pollution Prevention & Control) it falls under and whether or not it exceeds the threshold limits for the listed activities requiring a permit. Activities may fall under different categories (Part A1 IPPC, Part A2 IPPC, Part B LAPPC) depending on the size or type of the operations. Part A processes are regulated by the Environment Agency for releases of prescribed substances to land, air and water, and Part B processes are regulated by Local Authorities for emissions to air alone. Schedule 1 of PPC 2000 lists the activities falling under the regulations.
It is illegal for a company to operate a Prescribed Process without having applied for an Authorisation.
Full details of IPPC/PPC are available from the Environment Agency
(IPPC) EC Directive 96/61//EC on Integrated Pollution Prevention and Control, enacted in the UK by the Pollution Prevention and Control Act 1999, that is implemented by the Pollution Prevention and Control Regulations 2000 (England & Wales) (PPC) which came into force on 1st August 2000. PPC 2000 will eventually replace IPC and LAPC (s.1 of the EPA 1990).
Pollution Prevention and Control (PPC) and Local Air Pollution Prevention and Control (LAPPC) apply to certain prescribed processes in the Chemicals Sector and may apply if, for example, the organisation has a production capacity or causes emissions above certain thresholds. Processes subject to PPC/LAPPC should be already authorised by the relevant Environmental Regulator or Local Authority.
PPC 2000 is intended to apply an integrated environmental approach to the regulation of certain industrial activities. Emissions to Air, Water and Land, plus a range of other environmental effects are considered together.
Chemicals manufacture – sectors covered by this schedule of environmental legislation falling under IPPC schedule 1
Section 4 Chemical Industry
Section 4.1 Organic Chemicals (other organic basic chemicals) Section 4.2 Inorganic Chemicals (inc. man made fibres) Section 4.3 Chemical Fertiliser Production (fertiliser and nitrogen compounds) Section 4.5 Pharmaceutical Products (soap and detergents)
Section 6 Other activities
Section 6.5 Manufacture of Dyestuffs, Printing Ink and Coating materials (paints, varnishes and coatings)
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ISO 14001
8. Miscellaneous Legislation
Miscellaneous legislation that may apply to the Manufacture of Chemicals.
Town and Country Planning Act 1990 (Assessment of Environmental Effects) Regulations 1988
Developments that are likely to have a significant effect on the environment may require, or have to have, and Environmental (Impact) Assessment submitted as part of the planning application.
Health and Safety at Work Act (HSWA) 1974
The HSWA provides the legislative framework to promote, stimulate and encourage high standards of health and safety at work
The Control of Substances Harmful to Health (COSHH) Regulations 1999 (SI 1999 No. 437)
The COSHH Regulations require that employers prevent or adequately control exposures to hazardous substances used or encountered at work.
This particularly applies to Pesticides that may be encountered when processing raw materials.
Control of Asbestos at Work Act 1987 (SI 1987 No. 2115) Control of Asbestos at Work (Amendment) Regulations 1992 (SI 1992 No. 3068)
Control of Asbestos in the Air Regulations 1990 (SI 1990 No. 556)
Detailing requirements for the treatment of asbestos (mineral silicates) encountered in the work place.
Control of Pesticides Regulations 1986 (as amended) (COPR) implementing the aims of the Food and Environment Protection Act 1985 (as amended).
If the organisation stores or uses pesticides, plant protection products or biocide products (pest control products) then this legislation may apply.
The Radioactive Substances Act 1993
Applicable if the organisation uses a radioactive source, for example in a level gauge on a packing line.
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