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1.1 Glossary of Environmental regulations affecting Engineering
This is a selected list of environment related regulations that commonly apply to the engineering sector. It is not exhaustive and is not intended as legal advice. The regulations apply specifically in England and Wales. Whilst broadly in agreement with England and Wales, Scotland and Northern Ireland's regulations may be slightly different.
The environmental regulator in England and Wales is the Environment Agency (EA); however in Scotland it is SEPA (Scottish Environment Protection Agency) and in Northern Ireland it is EHS (Environment and Heritage Service).
Companies may telephone the Envirowise Advice Line for assistance on 0800 585794 for advice on any aspect of environmental regulations.
See the Environment Agency Netregs site for accessible information and guidance on all environmental regulations.
- PPC regulations
- Packaging regulations
- Climate change levy (CCL)
- WEEE & RoHS regulations
- Oil storage regulations
- Polychlorinated biphenyls
- Solvent content in paints and varnishes
- Landfill
- Hazardous waste regulations
- Duty of care regulations
- Land contamination
- Trade effluent
- Water supply (water fittings) regulations
- Statutory nuisance
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1.2 PPC regulations
The most comprehensive environmental legislation for process industries is the Pollution Prevention and Control Regulations. Your business may require a Pollution Prevention and Control (PPC) permit from your environmental regulator or local council if your business has a production capacity above a certain level or if you use certain hazardous substances.
The purpose of this legislation is to achieve integrated prevention and control of pollution by preventing, or where not practicable, reducing emissions to air, water and land.
There are different categories of PPC permit (Part A - subdivided into Part A(1) and A(2), and Part B. In general, Part A(1) permitted processes are considered the highest environmental risk and regulated by the Environment Agency (EA). Lower risk categories fall under the remit of the Local Authority (LA).
Applicants are required to describe their processes and compare them with what is currently regarded as best practice referred to as Best Available Technique (BAT). The Regulator may request that you justify why you are not using BAT and if not satisfied they can request an improvement which will be issued as an Improvement Condition in the permit.
Once permitted the site and the permit are reviewed and audited by the EA every 4 years.
Activities within the engineering sector that are regulated under PPC are typically covered in the following sections of the regulations:
- Section 1.1 - Combustion Activities
- Section 2.1 - Ferrous Metals
- Section 2.3 - Surface Treating Metals and Plastic Materials
- Section 6.4 - Coating Activities, Printing and Textile Treatments
- Section 7 - SED Activities
Specific examples of activities under Part A include:
- Carrying out surface treatment using an electrolytic or chemical activity, where the combined volume of the treatment vats is more than 30 m3 [Section 2.3]
- Surface treating substances, objects or products consuming organic solvents at greater than 150 kg per hour or more than 200 tonnes per annum [Section 6.4 Part A(2)]
- Burning any fuel in an appliance with a rated thermal input of 50 MW or more [Section 1.1 Part A(1)]
- Burning waste or recovered oil or fuel manufactured from or comprising any waste with a thermal input of >3 MW [Section 1.1 Part A(1)]
As such these activities require detailed submission considering emissions to water and land as well as air. Energy efficiency, waste minimisation, vibration and noise are also considered in the operating permit.
Examples of activities within the engineering sector that are regulated under PPC Part B, i.e. emissions to air are regulated by local authorities; they include:
- using 20 tonnes or more of any paint or other coating material which is applied in a solid form in any 12-month period [Section 6.4]
- using 20 tonnes or more of any metal coatings which are sprayed on in molten form in any 12-month period [Section 6.4]
- using five tonnes or more of organic solvent in any 12-month period [Section 6.4]
- repainting or re-spraying road vehicles or parts of road vehicles and using one tonne or more of organic solvent in any 12-month period [Section 6.4]
- any surface cleaning activity using one tonne or more per year of a volatile organic compound (VOC) classified as a carcinogen, mutagen or toxic to reproduction and any halogenated VOCs [Section 7]
- heating metal to remove any non-metallic contaminant in furnaces or appliances which have a combined rated thermal input of 0.2 megawatts or more [Section 2.1]
- undertaking any surface treatment of metal that may release any acid-forming oxide of nitrogen into the air [Section 2.3]
- Appliances with a rated thermal input of 20 to 50 MW, or for appliances burning waste excluded from the waste incineration directive with a rated thermal input of 0.4 to 3 MW [Section 1.1]
However if your business activity is described by any of the following phrases then it is likely that you will be covered under the PPC regulations in some form or another : primary production of ferrous and non-ferrous metals from ore/concentrates, rolling mills, furnaces, asbestos production or asbestos containing item production, glass manufacture, glass and mineral fibre manufacture, incineration of waste materials.
The implementation of an Environmental Management System (EMS) is considered to reduce the risk to the environment and therefore your application and subsistence fees could be reduced.
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1.3 Packaging regulations
The Producer Responsibility Obligations (Packaging Waste) Regulations (often referred to as the Packaging Regulations) apply the principle of producer responsibility to ensure recovery or recycling of packaging materials after use.
If your business (or group) handles, manufactures, converts, packs, fills, sells or imports over 50 tonnes of packaging or packaging materials in a year, and has a annual turnover exceeding £2 million, you are an 'obligated producer' and must register with the Environment Agency and achieve targets for recycling and recovering packaging waste.
Alternatively, you can join a registered compliance scheme that will meet these obligations on your behalf. 'Smaller producers' (i.e. obligated producers with a turnover under £5 million) can elect to avoid calculating obligation targets and instead receive an allocated recycling target (26 tonnes per £1 million turnover for 2007).
The Packaging (Essential Requirements) Regulations specify the 'essential requirements' to which all packaging must comply. As such:
- it requires that packaging should be minimised consistent with safety, hygiene and consumer acceptance
- packaging can be re-used, or recovered (recyclable, biodegradable, compostable, or suitable for incineration with energy recovery)
- it sets minimum levels of hazardous metals that are allowed in packaging materials,
- packaging is made with the minimum use of substances that will become noxious or hazardous when landfilled or incinerated.
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1.4 Climate change levy (CCL)
The Climate Change Levy (CCL) is a tax on the use of energy by industry. UK engineering businesses pay the levy through their energy bills (since April 2001).
The rate you pay depends on the type of fuel you use. The current rates (April 2006) are: 0.43p/kWh (pence per kilowatt-hour) for electricity; 0.15p/kWh for gas; and 0.96 p/kilogram for LPG. These rates are due to increase in line with inflation in April 2007. Renewable (Green tariff) electricity is levy free.
Revenue from the levy is being returned to the non-domestic sector through a 0.3 % reduction in employers' National Insurance contributions.
Engineering companies can be energy-intensive. Therefore, taking steps towards improving energy efficiency could reduce your overall running costs and increase your competitiveness.
Engineering companies can benefit from a negotiated agreement made between trade associations (e.g. the Surface Engineering Association, Confederation of British Metalforming and the Metal Packaging Manufacturers Association) and the government.
Such negotiated agreement could allow you to claim an 80% discount on your climate change levy, providing that you achieve agreed targets for improving energy efficiency.
If your company has a combustion installation (e.g. boilers) with a rated thermal input exceeding 20 MW, then you will need to register under the Greenhouse Gas Emissions Trading Scheme Regulations. As such you are required to report carbon dioxide emissions and surrender sufficient allowances to cover the carbon dioxide emitted. You can choose to: meet their allocation by reducing emissions; reduce emissions to below their allocation and sell the excess allowances; or produce emissions above their allocation and buy allowances from other participants.
For further information, visit:
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1.5 WEEE & RoHS regulations
The WEEE Regulations target Waste Electrical and Electronic Equipment and impose constraints on importers, producers, retailers and users. They aim to reduce waste by encouraging separate collection of WEEE and thus stimulate reuse, recovery and recycling and sound environmental disposal. Ultimately the regulations make producers of EEE responsible for the environmental impact of their products.
Engineering companies are most likely to be affected as users of EEE. You must store, collect, treat, recycle and dispose of WEEE separately from your other waste. You must obtain and keep proof that your WEEE was given to a licensed waste contractor, and was treated and disposed of in accordance with your duty of care. If your WEEE was sold to you after 13th August 2005 or you are replacing it with new equivalent EEE then you can return your WEEE free of charge - the producer's compliance scheme is responsible. You can negotiate your WEEE responsibilities with your supplier. You can agree to transfer obligations for WEEE that is being replaced, or for new EEE when it becomes WEEE and is discarded. This agreement can occur as part of normal contract negotiations, and can benefit both parties.
Producers of EEE are required to register as such, provide information on components and materials used and clearly mark all goods as well as becoming financially responsible for equivalent quantities of WEEE that you produce. It is considered likely that the majority of engineering companies will fall outside the scope of the WEEE regulations under one or both of the following exemptions: fixed installation or large scale stationary industrial tools. Companies supplying electrical equipment specifically for use in vehicles whilst exempt from WEEE may, however, be subject to End-of-Life Vehicles (ELV) Directive. However professional guidance should be sought.
RoHS (Restriction of Hazardous Substances) legislation aims to reduce environmental impacts of waste and improve recyclability within electrical and electronic equipment. The regulations ban the placing on the EU market of new electrical and electronic equipment containing more than agreed levels of lead, cadmium, mercury, hexavalent chromium and both polybrominated biphenyl and polybrominated diphenyl ether flame retardants.
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1.6 Oil storage regulations
If you store oil at your premises, this legislation may apply to you. 'Oil' includes: petrol, diesel, central heating oil, lubricating oil, mineral oil, vegetable and plant oil, heavy oils such as bitumen, oils used as solvents, such as paraffin or kerosene and waste oil (unless exempt - see below).
The regulations do not apply to the storage of oil:
- in a container with a storage capacity of 200 litres or less
- in any container which is situated in a building or wholly underground
- if the oil is 'waste oil' as defined in the Waste Management Licensing Regulations ie any mineral-based lubricating or industrial oil which has become unfit for the use for which it was originally intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil
The regulations set out requirements to be met for the construction of storage tanks and ancillary equipment and their positioning. Secondary containment measures (e.g. bunding) must be in place sufficient to hold contents of the oil store.
The secondary containment system should contain at least 110% of the volume of the largest tank or 25% of the total volume likely to be stored, whichever is the greater. Bunds should be inspected regularly and remove any rainwater. If the water is contaminated you may need to deal with it as hazardous/special waste.
Guidance notes (Pollution Prevention Guidelines or PPGs) are available from the Environment Agency website.
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1.7 Polychlorinated biphenyls
If you were entitled to keep PCBs (polychlorinated biphenyls) after 31 December 2000 (e.g. because of an exemption in the PCB regulations you need to register as a 'PCB holder' with the Environment Agency.
Exemptions include:
- PCB contaminated equipment with a total volume of more than 5 dm3 (5 litres) at a concentration greater than 0.005% (50 ppm)
- Transformers contaminated with PCBs (50 ppm to 500 ppm) may still be used until the end of their useful life. Transformers with fluids containing more than 500 ppm PCBs must be decontaminated to reduce the concentration to less than 500 ppm (and if possible to no more than 50 ppm)
This is particularly relevant to transformer, capacitor and hydraulic oil.
Further information can be found on the Environment Agency website.
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1.8 Solvent content in paints and varnishes
Regulations restrict the amount of solvent that the ready-to-use product (paint or varnish) can contain. Any engineering companies using paints and varnishes that contain solvents (volatile organic compounds (VOCs)) must ensure that they comply with the relevant limit values. The Phase I limits apply from 1st January 2007, and more onerous limits (Phase II) will follow in 2010.
Depending on the amount of paint or coating you use, you may also require a Pollution Prevention and Control (PPC) permit (see above).
Guidance on limit VOC concentrations for different types of product can be found at the Netregs website.
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1.9 Landfill
Prior to 2000, all landfills were regulated under Waste Management Licences (WMLs) and by 2007 the majority of landfill sites still accepting waste will have a PPC permit to operate.
The Landfill Directive (1999/31/EC) aims to reduce reliance on landfill as a disposal option, minimise the impacts of landfills on the environment and human health, and ensure consistent standards across the EU. The Landfill Directive requires that individual landfills accept only hazardous waste or non-hazardous waste (or inert waste) and as a result the practice of co-disposal ceased after July 2004.
The Directive specifically restricts waste inputs in two ways:
- By explicitly banning certain wastes from landfill
- By applying acceptance criteria to waste destined for landfill (WAC). EU-wide acceptance criteria were adopted in December 2002.
Those producing waste or delivering waste for landfill have an obligation under the Duty of Care Regulations to ensure that the waste is properly described.
1.9.1 Landfill Tax
Since October 1996 all waste deposited into landfill sites has been subjected to a tax, based on the weight of the waste being deposited. The regulations seek to promote recovery.
The standard rate of landfill tax for 'active' waste will be increased from £21 per tonne to £24 per tonne on 1 April 2007 and then from 1 April 2008 onwards it will increase annually by £8 per tonne to £48 per tonne by 1 April 2010.
The lower rate, which applies to specific 'inactive' wastes, will increase from £2 to £2.50 per tonne from 1 April 2008. Inactive (or inert) waste includes: naturally occurring rocks and soils, ceramic or cemented materials, some refractory materials, furnace slags, ash from coal, low activity inorganic compounds (e.g. gypsum, calcium carbonate etc).
Engineering companies should therefore ensure effective segregation of waste materials in order to maximise recovery and avoid mixed loads being charged at the standard rate.
1.9.2 Waste Acceptance Criteria (WAC)
From 16th of July 2005 all waste going to landfill is subjected to 'basic characterisation'. It is the responsibility of the waste producer to ensure that information supplied to the landfill operator in support of this is correct and does not lead to a breach of the landfill permit.
Hazardous waste being landfilled must meet the relevant Waste Acceptance Criteria (WAC). The criteria are set out in detail in the regulations and largely consist of numerical limits for leachable substances and organic content along with standards for physical stability. Hazardous Wastes need to be tested against these parameters.
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1.10 Hazardous waste regulations
The Hazardous Waste Regulations came into force in July 2005 revoking the previous Special Waste Regulations. If the material that you are handling has hazardous properties, you may need to deal with it as hazardous/special waste. Waste is hazardous if it contains substances or has properties that may make it harmful to human health or the environment.
This list of hazardous materials within the regulations and likely to be of interest to the engineering sector include: contaminated wash water, waste paint, machining emulsions, mineral based machining oils, synthetic machining oils, oily water from oil/water separators, wastes containing cyanides, contaminated filters, strong acids, phosphating sludges, wet scrubber solutions, saturated or spent ion-exchange resins, degreasing solvents, computer monitors.
If your business generates hazardous/special waste, you must register (unless you are exempt) as a 'producer' with the Environment Agency.
Key areas covered by the Regulations include:
- to ban the mixing of hazardous wastes with other categories of waste (hazardous or otherwise)
- ensure that hazardous waste is transported by a registered or exempt waste carrier and is transferred to a facility authorised to accept that type of waste. The facility must hold a suitable Waste Management Licence (or exemption), or a Pollution Prevention and Control permit
- storing liquid hazardous waste in watertight and clearly labelled containers in a dedicated, bunded area with adequate space to allow proper inspection and access.
Furthermore you must provide your staff with specific procedures and training. These should include instructions on what to do in the event of a spill, the type of personal protection equipment required and how to correctly dispose of contaminated clean-up materials.
Regardless of whether or not you are required to register, under your duty of care signed consignment notes are required when you pass hazardous waste on for recycling or disposal. All consignment notes should be kept for at least three years.
For detailed guidance on Interpretation of the definition and classification of hazardous waste:
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1.11 Duty of care regulations
Your business is legally responsible for its waste, from the date it is produced until it is recycled or disposed of, including all storage and handling stages.
When waste is disposed of it may pass through the hands of several people, including: the waste producer, waste carrier, waste disposer and also possibly an agent. Each of the people involved in the transfer of waste has a duty of care when handling the waste.
You must make sure that anyone that you pass your waste on to, such as a waste contractor, scrap metal merchant, recycler, local council or skip hire company, is authorised to take it.
There is also a Duty of Care Code of Practice, whereby you and/or your business have a 'duty' to take all reasonable measures to:
Prevent anyone keeping, depositing, disposing of or recovering your 'controlled waste' without a valid waste management licence (or a valid exemption from the need for a licence).
You must stop materials escaping from your control or the control of anyone else by packaging it appropriately and robustly.
Ensure that waste is only transferred to an authorised person. All transfers of waste are recorded in waste transfer notes. Under the Duty of Care Regulations the parties involved must keep the transfer note and description for two years. Hazardous waste material transfers are recorded using consignments notes - these must be retained for three years.
Ensure that the waste being transferred is accompanied by a written description that will enable anyone receiving it to dispose of it or handle it in accordance with their own Duty of Care.
Useful guidance is given HMSO publication "Waste Management The Duty of Care: A code of Practice" ISBN 0-11-753210-X.
To check the validity of a Waste Carriers Licence or Waste Management License you can phone the Environment Agency (0870 8506 506) or check on line.
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1.12 Waste management licensing
Anyone who stores, treats or disposes of waste needs a waste management licence (WML) or exemption. A WML is not normally required to store your own waste, but may be needed if you treat your waste. If you are already registered under PPC legislation then you are exempt. Furthermore on-site effluent treatment plants discharging under authorized consent are also excluded activities.
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1.13 Land contamination
Land that your business occupies could be contaminated as a result of past or current activities. For example, previous industrial processes may have resulted in chemicals seeping into your land, or previous owners may have buried waste there. These waste products and residues could present a hazard to the environment and human health.
Identifying contaminated land and deciding what to do with it is a complex process and you should seek expert advice. If you suspect that any of your land is contaminated you should contact your local council.
If your local council designates any of your land as contaminated land you may need to take steps to remediate or reduce the damage. You may also need to take action if you develop the site or decide to use the land for a new purpose.
If you cause or allow land to be contaminated, or if you own land that is contaminated, you could be responsible for the cost of cleaning it up.
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1.14 Trade effluent
All industrial waste waters (trade effluents) are subject to a discharge consent system under the Water Resources Act (if you discharge to controlled waters - e.g. river) or the Water Industry Act (if you discharge to local sewer).
Sewer discharges are consented by agreement with the Water Company who operates the sewerage system. Water Companies charge according to the strength and volume of the effluent discharged (based on the Mogden formula). The Water Companies also impose restrictions on the nature, composition and volume of the effluent discharged.
Discharge into surface waters requires consent from the Environment Agency, who operates a separate charging scheme.
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1.15 Water supply (water fittings) regulations
These regulations have been updated to encourage the use and installation of water saving devices. For example, smaller cisterns (6 compared to 7.5 litres max) and allowance for dual flush units (where the smaller flush is less than two-thirds of a full flush) are specified for toilets. The new volumes will reduce the water usage in new installations and assist with the overall water use where facilities have a large numbers of employees.
The regulations also aim to prevent the misuse and contamination of drinking water supplies through manufacturing and installation requirements for fittings. All companies that all fittings to mains water supplies are approved and installed in accordance with these regulations.
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1.16 Statutory nuisance
A statutory nuisance could arise from the poor state of your premises or any noise, smoke, fumes, gases, dust, steam, smell, effluvia, deposits and accumulations of refuse and/or other material, and other escapes from your premises. In England and Wales, insects emanating from business premises and artificial lighting can also be statutory nuisances.
If as a result of your activities, these nuisances cause (or have the potential to cause) damage to property, or disturbance to the surrounding community, the local authority environmental health department can:
- impose restrictions on your operations
- stop your operations
- require you to take steps to abate the nuisance
An abatement notice is a legal notice and non-compliance could expose you to the risk of prosecution.
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1.17 Other
Ground Water Regulations: Effluent may not be discharged into groundwater directly or indirectly by percolation through the ground, without authorisation.
Water Resource Act: if you abstract more than 20 m3 (10 m3 in Scotland) of water per day from ground or surface waters you must obtain an abstraction licence from the Environment Agency.
Planning Regulations: Town and Country Planning Acts provide the main legislative control over planning and development. Essentially any development requires planning permission. Development is taken to be 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. Planning permissions are granted by local planning authorities.
Clean air consent: you must have prior consent from your local council before installing a fixed boiler. Any new boilers you use must be capable of running continuously without emitting smoke. You must fit all boilers with grit and dust arrestment plant.
Fuels: you must not use gas oil with a sulphur content exceeding 0.2% by mass. This limit will be reduced to 0.1% by mass from 1 January 2008. You must not use heavy fuel oil with a sulphur content exceeding 1% by mass. Operators with pre-1987 combustion plant can apply for a 'sulphur content of liquid fuels' permit from their local council in England and Wales, from SEPA in Scotland or from the Industrial and Radiochemical Inspectorate in Northern Ireland.
COSHH Regulations: these control workers' exposure to hazardous substances through the use of risk assessment and implementation of appropriate measures to prevent or control those risks. Guidance and information is available from the Health & Safety Executive.
Cooling Towers: If you have open spray type cooling or condensing systems then you must register their use with the local environmental health department - Legoinella risk.
COMAH: These regulations are primarily aimed at the chemical industry - who store large quantities of explosive / flammable materials. However if you store >5 tonnes of acetylene on site you will be regulated under COMAH.
Integrated Pollution Control (IPC): controls emissions to air, land and water from certain business processes. By 30th October 2007 all businesses will have been transferred to the PPC regime.
Local Air Pollution Control (LAPC): this controls emissions to air from certain business processes. In England and Wales all businesses that were regulated under LAPC are now covered under the PPC regulations. However in Scotland and Northern Ireland you may still be regulated in the short term under LAPC before transferring to the PPC permitting system.
