Environment law update: Air pollution and Integrated pollution control 5

United Kingdom

Air pollution

DEFRA is consulting on measures to implement limit values for carbon monoxide and benzene, and indicative target values and long term objectives for ozone in England. The proposals are the result of requirements of the Second and Third Air Quality Daughter Directives (2000/69/EC and 2002/3/EC). All these values are either the same as or less stringent than current national air quality objectives. Therefore, the impact is likely to be minimal. Responses to the consultation paper were requested by 8 November 2002.
(DEFRA, August 2002)

Views are being sought on a draft national strategy to combat acidification, eutrophication and ground level ozone. The proposal stems from the UK’s commitments under the National Emissions Ceiling Directive (2001/81/EC) and the 1999 Gothenburg Protocol on Long Range Transboundary Air Pollution. The strategy involves limiting emissions of sulphur dioxide, oxides of nitrogen, volatile organic compounds and ammonia. Under its commitments, the UK has been set annual emission levels for these pollutants to be achieved from 2010 onwards. DEFRA believes that the UK can meet its commitments under existing measures. However, it also acknowledges that the strategy will need to be reviewed in the future and will issue further consultations up to 2010.
(DEFRA, August 2002)

National Air Quality Strategy

Following public consultation on updating the National Air Quality Strategy, DEFRA has set out new targets for four air pollutants in England. There is a new target for particles, which requires that a level of 50 micrograms per cubic metre should not be exceeded on more than 7 days per year and that the annual daily mean should be less than 20 micrograms per cubic metre. Both objectives should be achieved by 2010. The targets are less stringent for London. The 50 micrograms per cubic metre target for particles should not be exceeded on more than 10 days per year and the annual daily mean is set at 23 micrograms per cubic metre. The levels are based on advice from health experts who have found that long term exposure to particles can cause premature deaths particularly from heart disease. Other targets are an annual daily mean of 5 micrograms per cubic metre for benzene, 0.25 nanograms per cubic metre for PAHs both to be achieved by 2010. The targets are part of the Air Quality Strategy first published in January 2000 as part of the Government’s aim to improve air quality across the UK. There is also a new requirement for carbon monoxide which is a running eight hour mean of ten milligrams per cubic metre to be met by the end of 2003. The objectives for benzene and carbon monoxide will be prescribed in regulations requiring local authorities to review and assess the levels to work towards their achievements. Objectives for particles and PAH, however, will be provisional for the time being.
(DEFRA News Release, 5 August 2002)

Road traffic emissions

The Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 (SI 2002 No 1808) came into force on 18 July 2002. These regulations are concerned with emissions such as smoke, vapour, gases and oily substances from vehicles. They revoke the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 for England only. The 1997 Regulations continue to have effect in Scotland and Wales. Under the new Regulations local authorities in England may apply to the Secretary of State for designation. A local authority so designated may use fixed penalty notices to enforce two offences under regulations 61 and 61A of the Road Vehicles (Construction and Use) Regulations 1986 (SI 1986 No 1078). The first relates to the prevention of exhaust emissions and imposes a fixed penalty of £60. A second fixed penalty is prescribes a stationary idling offence and imposes a fixed penalty of £20.
(SO, 11 July 2002)

Non-road machinery emissions

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2002 (SI 2002 No 1649) came into force on 17 July 2002. These Regulations implement a Directive (2001/63/EC) amending Annexes III and IV to Directive 97/68/EC which makes provision to reduce emissions from internal combustion engines for use in machinery not intended for use on the road. It applies to machinery such as forestry equipment and fork lift trucks. The new Regulations amend the definition of Directive 97/68/EC set out in the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations (SI 1999 No 1053) so as to include the 2001 Directive. It also amends the definition of non-road mobile machinery.
(SO, 17 July 2002)

Tractor emissions

The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 (SI 2002 No. 1891) came into force UK on 12 August 2002. The Regulations implement certain provisions of a Directive on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors. (2000/25/EC). They require certain tractor engines, as specified by the Regulations, to meet specified emission limits.
(SO, 17 July 2002)

Large combustion plant

DEFRA has issued a consultation paper seeking views on the implementation of the Large Combustion Plants Directive (2001/80/EC). The Directive will affect large combustion plants including electricity generation, oil refining and operators of large boilers such as a range of manufacturers, sugar refiners and metal producers. It is intended to transpose the Directive by means of Directions to the regulators and associated regulations. DEFRA believes that this approach will keep open its options for the exact method of implementation in the future. This would be either by the Emissions Limit Values or the National Plan for Existing Plants. The consultation period closed on 4 October 2002 and the deadline for transposing the Directive is 27 November 2002.
(DEFRA, August 2002)

The EA has issued a discussion document on the feasibility of a trading scheme for nitrogen oxides (NOx) and sulphur dioxide (SO2) emissions from large combustion plant. The move was initiated by international commitments to limit emissions of the two compounds and as part of the implementation of the Large Combustion Plant Directive. Plant covered under this Directive contribute around 65% of total UK emissions of SO2 and 25% of NOx emissions. Although the Government has not decided that such a trading scheme will be set up, the purpose of the paper is to outline the EA’s preliminary thoughts on introducing such a scheme. The closing date for submitting comments is 29 November 2002.
(EA, 20 August 2002)

PPC

Changes to Part I of Schedule 3 in the Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) came into force on 25 July 2002. The Pollution Prevention and Control (England and Wales) (Amendment) (No 2) Regulations 2002 (SI 2002 No 1702) defer until 1 January to 31 March 2007 the period within which operators of installations applying or removing coatings containing tributyltin or triphenyltin compounds in certain boatyards must apply for a permit to continue operations. They also defer to 31 March 2007 the date after which those operations without a PPC permit must cease. The amendment will not apply to existing Part A installations for which applications for permits were submitted between 1 May 2002 and 25 July 2002.
(SO, 3 July 2002)

Offshore installations

Coming into force on 18 July 2002, the Offshore Installations (Emergency Pollution Control) Regulations 2002 (SI 2002 No. 1861) are aimed at preventing and reducing pollution and the risk of pollution following an accident involving an offshore installation. Made under the Pollution Prevention and Control Act 1999, the new Regulations provide for powers corresponding to those in relation to ships under sections 137 to 140 of the Merchant Shipping Act 1995.
(SO, 17 July 2002)

European Union

Ozone depleting substances

The European Commission has published a Decision to determine a mechanism for the allocation of quotas to producers and importers of hydrochlorofluorocarbons (HCFCs) in the EU for 2003 to 2009. It sets the total allowable production and imports of HCFCs at 2885 tonnes in 2003 and 1923 tonnes in 2004. The reduction is mainly due to an already agreed ban on the use of HCFCs for the production of foam. The new allocation quotas take into account this prohibition from 2003. Therefore, 2003 will be the last period to take account of recent average market share based on the use of HCFC for foam production. The allocation for 2004 will be based solely on the average market share for the use of HCFC for non-foam production.
(OJ L220, 15 August 2002)

Vehicle emissions

The European Commission has published a report on its strategy for the taxation of passenger cars in the EU based on carbon dioxide emissions. It recommends a gradual reduction of vehicle registration taxes under the present system, which the Commission says distorts the Internal Market, and replacement by annual road taxes and fuel taxes. This would move the tax burden to relate it to the use of a car. The report also examines ways of restructuring existing vehicle taxes so as to put more emphasis on environmental objectives. It recommends that vehicle duty of passenger cars should be directly related to their carbon dioxide emissions. The UK is currently the only Member State implementing such a policy. The Commission is urging other Member States to take these recommendations into account when evaluating and revising their national vehicle taxation systems.
(COM(2002)431, 6 September 2002)

An EU Directive intended to reduce emissions from two and three-wheeled motorcycles, has been published in the Official Journal. Member States have to transpose the Directive, which will result in new limit values for motorcycle emissions of carbon monoxide, hydrocarbons and nitrogen oxides, into national legislation by 1 April 2003. More stringent limits are scheduled to take effect on 1 January 2006. Under the Directive, Member States are permitted to use tax incentives to encourage vehicles to conform to the emission standards before the implementation deadline.
(OJ L252, 20 September 2002)

International

Kyoto Protocol

The UN has announced that companies and other organisations may now start applying for accreditation as operational entities to check whether projects conform with the rules of the Clean Development Mechanism (CDM) under the Kyoto Protocol. CDM allows companies to earn certified emission reduction credits by investing in projects in developing countries that reduce or avoid emission of greenhouse gases. These credits can be used by developed countries to meet their commitments under the Protocol. Operational entities will also be responsible for validating proposed projects before they are registered and verifying and certifying their emissions reductions achieved by registered projects before certified emission reductions are issued.
(UNFCCC, 20 August 2002)

Vehicles

Toyota has become the first car manufacturer to market a fuel cell passenger vehicle. Initially, around 20 vehicles will be leased to government bodies and energy companies in Japan and the US. Toyota anticipate that mass production of passenger fuel cell vehicles will begin around 2010.
(Daily Telegraph, 20 July 2002)

For further information please contact Paul Sheridan on +44(0)20 7367 2186 or at [email protected]