Environment Law Update: Air pollution and integrated pollution control 3

United Kingdom

Air pollution

A consultation paper is seeking views on the proposed Air Quality Limit Values (England) Regulations 2001. The Regulations will eventually transpose the Directive on ambient air quality assessment and management (96/62/EC). This Directive defines the framework within which limit values for twelve air pollutants will be set through a series of daughter directives. The limit values are based on scientific studies and reflect levels that should safeguard both human health and ecosystems. The proposed Regulations also incorporate the first of the daughter directives relating to sulphur dioxide, oxides of nitrogen, particulate matter and lead (99/30/EC). The limit values for these pollutants have already been adopted as national objectives in the Air Quality Strategy (AQS) for the UK published in January 2000, and in several cases the AQS national objectives are stricter than the EC limit values. It is proposed not to place a legal obligation on local authorities to adapt local arrangements to meet the requirements of the Directives since they do not have control over all emissions sources. As the limit values contained in the Directives are no tighter than those already set as national UK objectives, no additional costs on businesses are envisaged. The deadline for responses to the proposed Regulations is 11 May 2001. Similar consultation papers covering Scotland, Wales and Northern Ireland will be published by their national administrations.
(DETR, 5 March 2001)

Transboundary air pollution

The National Expert Group on Transboundary Air Pollution (NEGTAP) has produced a draft report for comment. NEGTAP was established in 1998 to advise DETR on biological and chemical trends in the UK environment and the prospects for ecosystem recovery, taking account of current and projected transboundary air pollution. The report describes the current deposition and exposure of the UK terrestrial environment to air pollutants, changes in the last 20 years and likely effects of agreed protocols up to 2010. It also makes extensive recommendations for future research and monitoring. Comments are requested by 28 May 2001 before the report is finalised.
(NEGTAP, March 2001)

PPC - offshore combustion installations

The Offshore Combustion Installations (Prevention and Control of Pollution) Draft Regulations 2001 have been issued. They establish a pollution control regime for the purpose of implementing the IPPC Directive (96/61/EC) in relation to offshore qualifying combustion installations. The Directive has already been implemented for activities carried out onshore by PPC Regulation (SI 2000 No 1973). The new draft Regulations apply in relation to the United Kingdom territorial seas, apart from Scottish controlled waters.
(SO, March 2001)

Revised IPPC application form and guidance

Following consultation with industry, the EA has updated its IPPC application form and guidance. The EA has said that the responses to the consultation were comprehensive and generally supportive of their adopted approach to implementing the new regime. Industrial sectors with processes to be regulated are being phased into IPPC beginning in 2001 up to 2007.
(EA, 7 February 2001)

Climate Change Bill

The Climate Change Bill has been presented to the House of Commons. The Bill will require the Secretary of State to draw up and implement policies to alleviate climate change, and to reduce by 2010 the quantity of carbon dioxide emitted annually in the UK to 80 per cent of the 1990 level. It also requires the publication of a climate change strategy, to be prepared within 12 months of the Act coming into force. This strategy would have to include carbon dioxide emission targets for 2015 and 2020 and details of the policies required to reduce by 50 per cent, quantities emitted in 1990 by 2040.
(House of Commons, February 2001)

IPC and operator monitoring assessment

A consultation paper released by the EA is seeking views on proposals to strengthen its monitoring and auditing procedures under IPC. At present most of the monitoring of emissions from industrial processes regulated under IPC is carried out by the process operators which are then audited by the EA. A proportionate amount of check monitoring is commissioned on the basis of these results. It is claimed that the new scheme, known as operator monitoring assessment (OMA), aims to assess the quality of self monitoring in a consistent and transparent manner. Under the proposals, operators with favourable regimes will not incur the cost of the EA's check monitoring. Comments are invited until 7 May 2001.
(EA, February 2001)

Vehicles

A consultation on clean fuels and the future direction of the Powershift programme has been launched jointly by DETR and the Energy Saving Trust. The Powershift programme started in 1996, with the aim of developing a sustainable market for cleaner fuel vehicles in order to bring about benefits for air quality, noise and climate change. Powershift provides grants towards the additional cost of purchasing new gas (liquefied petroleum gas and natural gas) and electric vehicles. This year the Powershift programme is likely to support the purchase of over 6,000 clean fuel vehicles and the programme will receive an additional GBP 30m in funding from DETR over the next three years. Clean fuel industries, environmental organisations and transport operators are invited to comment by 30 June 2001.
(DETR, March 2001)

Climate change

A report assessing the possible health effects of climate change in the UK has been published for comment. The report was produced by the Expert Group on Climate Change and Health at the Department of Health (DoH), and is likely to influence Government policy in this area. The report concludes that climate change will have a significant effect on health in the UK but early action might mitigate many of the possible health effects. Some of the main predictions include an increase in heat-related summer deaths, which will be more than balanced by a substantial decrease in cold-related winter deaths. Cases of food poisoning are likely to increase significantly, whereas water-borne diseases may increase, but to a lesser extent. The likelihood of disasters caused by severe winter gales and coastal flooding is a major concern of the report. The Department of Health will take account of responses, as well as incorporating any future or emerging findings, in an updated report.
(DoH, February 2001)

European Union

Large combustion plants

The Council has published its common position on a draft Directive amending Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants. The overall aim of the draft Directive is to reduce the emissions of acidifying pollutants and ozone precursors - causes of smog and acid rain - from new combustion plants. Large combustion plants account for 63 per cent of sulphur dioxide (SO2) emissions and 21 per cent of nitrogen oxides (NOx) emissions in the EU. The proposed emission limit values for NOx, SO2 and particulates are twice as strict as the current ones. The draft Directive also encourages the combined generation of heat and power and sets specific emission limit values for the use of biomass as a fuel. The proposed values are minimum values, with member states free to adopt stricter standards. The draft common position includes all combustion plants with a rated thermal input equal or greater than 50 MW, including plants existing before 1987, prior to the old Directive. However, the European Parliament is pushing for major amendments which would tighten controls on SO2 and NOx emissions further for large plants and remove planned derogations for plants burning dirty fuels such as lignite.
(OJ C375, 28 December 2000)

Acidifiers and ozone precursors

A common position on national emission ceilings (NECs) for certain atmospheric pollutants has been published in the Official Journal. The proposed Directive lays down reductions in national ceilings for SO2, NOx, volatile organic compounds (VOCs) and ammonia (NH3) emissions, to be achieved by 2010. Member states would be required to draw up programmes for progressive reductions, by October 2002, and also to prepare national emission projections up to 2010. The European Parliament however, is calling for tighter NECs for SO2, NOx and VOCs, although, it has accepted the Council limits for NH3. The Parliament also maintained an insistence that the NECs include emissions from international movements of aircraft and shipping.
(OJ C375, 28 December 2000)

International

Climate change

The United Nation's Intergovernmental Panel on Climate Change (IPCC), the most authoritative voice on climate change have issued their first report to policy makers for five years. The Third Assessment Report is comprised of three reports by three different working groups covering a range of issues: "Climate Change 2001: Mitigation", "Climate Change 2001: Impacts, Adaptation and Vulnerability" and "Climate Change 2001 The Scientific Basis". The report is the most pessimistic yet by the IPCC. Depending on future emissions of greenhouse gases, temperatures are predicted to rise by between 1.4 and 5.8°C during the next century. Estimated rises in sea levels would also be sufficient to endanger the homes of millions of people world-wide. The report also provides evidence that the earth is getting hotter. Recent decades have seen a 40 per cent reduction of the Arctic ice cap and the 1990s has been the hottest decade of the last century. Although it is acknowledge that natural factors, such as solar output or volcanic activity can affect global temperatures, the report concludes that their effects are relatively insignificant compared with the contribution from emissions of carbon dioxide resulting from human activity. The report also assesses the technology and measures available for combating climate change
(IPCC, March 2001)

The US has requested more time before reconvening international negotiations on reducing global emissions of greenhouse gasses, in view of its change of political administration. The aborted meeting at the Hague in November 2000 aimed at ratifying the Kyoto Protocol was due to begin again in May. The UN has now agreed that the meeting can take place in July in Bonn, Germany. Recent optimism of a deal has been tempered however, with President Bush's announcement that that carbon dioxide should not be included in a US draft law limiting emissions from power stations. He has also been reported to have voiced doubts over the scientific evidence on the causes of climate change and to be more concerned with future US energy prices and supply. There were indication, just before going to press, that the US would formally withdraw from the Kyoto Protocol.
(The Times, 15 March 2001)