(Last updated August 2006)
Introduction
This Reference Note contains an outline of the main pieces of environmental legislation that affect the Metal Finishing Industry in the UK. Environmental Legislation has a major impact on how businesses conduct their operations and it is important that Companies are aware of which legislation applies to them and how to ensure compliance, since the penalties for failure may be severe. Failure to comply with the Water Resources Act 1991, for example, has resulted in fines of up to £1.5 million and for cases tried in a Crown Court, prison sentences of up to two years may be imposed for some offences under the Water Resources Act 1991 and the Environmental Protection Act 1990.
It should be noted that the Metal Finishing Industry is also subject to Planning and Health and Safety Regulations, as well as industrial and commercial law. But these topics are outside the scope of this Reference Note. In addition, Companies should also be aware of official guidance, including Codes of Practice that are issued by Government bodies to assist Companies in meeting their legal objectives. Such documents do not have the force of law, but can be used as one of the material considerations when determining any appeals or prosecutions against a Company.
Environmental Protection Act (EPA) 1990
The EPA 1990 is a framework Act, which enables the Secretary of State to enforce regulations to control pollution of all environmental media, from industries with the potential to cause harm. The EPA 1990 exists in eight parts but only I, II and III have significant implications for industry.
Part I covers Integrated Pollution Control for Part A processes and Air Pollution Control for Part B Processes. It established the authorisation principle for operation of Prescribed Processes.
Part II covers Waste on Land and set-up controls to increase the stringency of waste licensing regulations and introduced the 'Duty of Care' principle.
Part III covers Statutory Nuisance with particular reference to noise and clean air.
EPA Part I
Part I of the EPA only applies to existing metal finishing processes that already have an Integrated Pollution Control (IPC) or Local Air Pollution Control (LAPC) authorisation to operate. Operators of new installations, or of existing LAPC processes undergoing substantial change, will have to apply for a permit to operate under the Pollution Prevention and Control Regulations.
The only metal finishing operation listed under Schedule 1 of the EPA as a Part A process under IPC is 'the application or removal of a coating material containing one or more tributyltin compounds or triphenyltin compounds if carried out at a shipyard or boatyard where vessels of a length of 25 metres or more can be built or maintained or repaired'.
Metal finishing operations which produce lower levels of pollution, are listed under the EPA Part I, Schedule 1 as Part B processes requiring LAPC. Metal finishers should refer to Schedule 1 for full details but the main categories subject to LAPC can be described in an abbreviated form as follows:
- processes involving the use in any 12 month period of 20 tonnes of ink, paint or other coating material.
- processes involving the use in any 12 month period of 20 tonnes or more of metal coatings sprayed on in molten form.
- processes involving the use in any 12 month period 5 tonnes of organic solvent.
- processes for repainting or respraying all or parts of road vehicles involving the use in any 12 month period of 1 tonne or more of organic solvent.
Pollution Prevention and Control Act
The Act provides the primary legislation for the implementation of the EC Directive on Integrated Pollution Prevention and Control (IPPC). The Regulations were brought into force in 2000 and when fully implemented will replace Part I of the Environmental Protection Act.
The Regulations apply to all installations listed in Annex I to the Directive and metal finishing operations will be covered under the 'Surface Treatment of Metals and Plastic Materials'. Part A Processes are defined as those "using an electrolytic or chemical process, where the aggregated volume of treatment vats is more than 30m3". Part B Processes are those "likely to result in the release into air of any acid-forming oxide of nitrogen and which does not fall within Part A". As well as using Best Available Techniques (BAT) for the control of emissions to air, land and water, Companies should also prevent noise and vibration nuisance, minimise the use of resources and energy and the prevention (and remediation where necessary) of land contamination from a pre-PPC baseline condition.
EPA Part II
Section 34 places a Duty of Care on all those involved in dealing with waste from its generation to its disposal. Under the Environmental Protection (Duty of Care) Regulations 1991, Companies who keep, treat or dispose of controlled waste are subject to a Duty of Care and must keep records of waste received and transferred. Guidance is given in the publication 'Waste Management, The Duty of Care, A Code of Practice' (ISBN 0-11-753210-X).
The Hazardous Waste Regulations 2005 came into force in July 2005 revoking the 1996 Special Waste Regulations. These Regulations apply to all wastes listed as Hazardous in the List of Waste Regulations 2005. Waste is hazardous if it contains substances or has properties that might make it harmful to human health or the environment. Waste may be hazardous if concentrations of a dangerous substance exceed a specific threshold or if classified as hazardous at whatever level they contain a dangerous substance. Most wastes, which were deemed Special' under the 1996 regulations, will be hazardous under the 2005 Regulations.
Section 57 of the Environment Act 1995 introduced contaminated land provisions to the EPA as Part IIA and Section 78 contained the legislative framework for identifying and dealing with contaminated land, these Regulations were brought into effect in April 2000 in England (later in Scotland and Wales). Under The Contaminated Land Regulations, Companies may be instructed by the Local Authority or by the Environment Agency to clean up land at their own cost.
EPA Part III
Nuisance which may arise from noise, smoke, fumes, gas, dust, steam, foul odours and other escapes from a metal finishing operation is covered under Part III of the EPA. However, for metal finishing companies under Part 1 of the EPA, all aspects of nuisance are covered under the site authorisations.
Clean Air Act 1993
The Clean Air Act 1993 consolidated earlier legislation and sets limits for sulphur dioxide and particulate matter in industrial chimneys and restricts the amount of smoke permitted from industrial bonfires. It should be noted that parts of the Act do not apply to Companies regulated under Part I of the EPA or to installations regulated under the PPC Regulations.
Water Resources Act 1991
Effluent from metal finishing works must not be discharged to controlled waters without a discharge consent from the Environment Agency. Controlled waters include all inland surface waters and groundwaters. Effluent may not be discharged into groundwater directly or indirectly by percolation through the ground, without authorisation under the Groundwater Regulations 1998.
Water Industry Act 1991
Effluent from metal finishers may not be discharged to the public sewer, without a trade effluent consent from the local Water Company.
Packaging Responsibility Obligations (Packaging Waste) Regulations 1997
Metal finishing companies will come under these regulations if their annual throughput of packaging materials exceeds 50 tonnes and their annual turnover is greater than £5 million (£2 million in 2000). The Packaging (Essential Requirements) Regulations 1998 control the amount of hazardous materials used in packaging and specify suitability for recovery by recycling, energy recovery or composting.
Planning Regulations
- Town and Country Planning Act 1990
- Town and Country Planning (Scotland) Act 1997
- Planning (Northern Ireland) Order 1991
These laws provide the main legislative control over planning and development. The basic premise is that any development requires planning permission. Development is defined as the carrying out of building, engineering, mining or other operation in, on or over land, or the making of any material change of use of any buildings or land. Control is achieved via a permission process, which allows the planning authority to approve, reject, or apply conditions to any development proposals.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
The Regulations apply to all 'very toxic, toxic, harmful, corrosive, or irritant' Substances (defined in The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002) and to all places of work. They provide a legal framework for controlling workers' exposure to such substances. The Health and Safety Executive have produced an Approved Code of Practice and Guidance 'Control of Substances Hazardous to Health' (fifth edition) ISBN 0-7175-2981-3, with 'EH 40/2005 Workplace Exposure Limits' ISBN 0-7176-2977-5, containing the list of workplace exposure limits for use with the COSHH Regulations.
Notification of Cooling Towers and Evaporative Condensers Regulations 1992
These regulations require any company using plant with open spray type cooling or condensing systems to register their use with the local authority environmental health department. This is because of the potential Legionella hazard associated with their use.
A Code of Practice 'Legionnaires Disease, The Control of Legionella Bacteria in Water Systems' L8 came into effect in January 2001. This gives practical advise on the requirements of the Health and Safety at Work Act 1974 and Control of Substances Hazardous to Health Regulations 1999 concerning the risk from exposure to Legionella bacteria. The Code of Practice also covers the management of hot and cold water service systems, ISBN 0-7176-1772-6.
Companies should ensure that Cooling Towers and hot and cold water systems are managed and maintained in accordance with the Approved Code of Practice and that the necessary risk assessments, as well as the monitoring and cleaning programmes are in place.
Control of Pollution (Oil Storage) (England) Regulations 2001
The Regulations apply to the storage of more than 200 litres of oil above ground and detail the requirements to be met for the construction of storage tanks and ancillary equipment, along with the secondary containment measures that are necessary.
The Regulations stipulate that secondary containment must provide storage of at least 110% of the tanks maximum capacity, or if more than one container is stored, 110% of the largest container or 25% of the total capacity, whichever is the greater. Guidance is provided in Environment Agency publications, Pollution Prevention Guidelines (PPG Notes) as follows (free of charge by telephoning any Environment Agency Office).
PPG 2 Above Ground Oil Storage Tanks
PPG 26 Storage and Handling of Drums and Intermediate Bulk Containers
Companies should review oil storage facilities on site and ensure the required secondary containment (bunding) is in place.
The Water Supply (Water Fittings) Regulations 1999
The Regulations were introduced in July 1999 and replaced the Water Supply Byelaws (1989), the purpose of the new Regulations is to prevent waste, misuse, undue consumption and contamination of drinking water supplies. Also, within the general framework are incorporated basic manufacturing and installation requirements for fittings as well as enforcement procedures following any breach or contravention of the Regulations.
Companies should ensure that all water fittings are approved and that any connections to mains water supply are made in accordance with the requirements of the Regulations. The 'Water Regulations Guide' ISBN 0-9539708-0-9 will assist in a review of Legislation affecting water supply installations in the UK.
Landfill Tax Regulations 1996 and Landfill Tax (Qualifying Material) Order 1996.
All waste deposited in landfill sites is subject to tax and these Regulations define the categories of waste which are subject to a lower rate of tax. Active waste was taxed at £18 per tonne, to be increased by at least £3 per year to reach a rate of £35 per tonne, lower risk wastes are taxed at £2 per tonne. Consequently, to avoid paying a higher than necessary tax, Companies should ensure that materials qualifying for the lower tax rate should be segregated for separate disposal.
Summary
Environmental law is enforced and must be complied with. Companies with difficulties should aim to keep an open dialogue with the enforcement authorities. Companies may telephone the Envirowise, Envirowise Advice Line for assistance on 0800 585794.
Process efficiency improvements and relatively simple measures to achieve waste minimisation are generally more cost effective than large 'end of pipe' pollution control systems. Even if waste minimisation does not achieve compliance it is likely to reduce the capacity and cost of end of pipe equipment required.
Improving environmental management on site will help to ensure compliance with Regulations and reduce the risk of prosecution.
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