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Method Implementation Document (MID 14181)

The Environment Agency (EA) have published the new MID 14181
(EN 14181: Stationary source emissions Quality assurance of automated measuring systems)

The document is available to view on the following link ; http://bit.ly/JUwoJ4

New BATs for IED

The European Commission has unveiled new “best available techniques” (BATs) for the iron and steel, and glass production ahead of the implementation of the Industrial Emissions Directive (2010/75/EU) (IED) at the start of next year. It has also published the full BAT reference notes, known as BREFs. The implementing decisions on BAT conclusions on industrial emissions from iron and steel, and glass production are the first to be adopted under the IED. Like its predecessor, the Directive on integrated pollution prevention and control (96/61/EC as amended), the IED requires some 50,000 installations across the EU to operate in accordance with permits set by national regulators such as the Environment Agency or the Scottish Environment Protection Agency. Permit conditions are based on the use of BATs, with the BAT conclusions agreed by the commission serving as a reference for setting permit conditions.

Latest Consultation : Industrial Emissions

The Industrial Emissions Directive (2010/75/EU) comes into force at the start if 2013. It recasts seven existing directives, which cover: integrated pollution prevention and control (96/67/EC as amended), large combustion plants (2001/80/EC), solvent emissions (1999/13/EC), waste incineration (2000/76/EC), and the production of titanium dioxide (78/176/EEC,82/883/EEC and 92/112/eec).

Defra is now seeking views on transposing the Directive in England and Wales.

lexisurl.com/iema12344

Compliance with an Environment Permit is No Defence Against Nuisance Claims

The Court of Appeal has recently overturned a High Court Judgement that concluded where an operator complies with the requirements of their environmental permit they have a defence against a claim of nuisance. The reasoning given that the common law of nuisance should not cut across statutory regimes, such as the environmental permitting regime, and should instead seek to align with them as far as possible. However the Court of Appeal disagreed, stating that there was no legal principle requiring such alignment and such cases should be decided on settled common law principles.

The outcomes of this judgement means environmental permit holders can be subject to nuisance claims which could result in either substantial claims for damages or bringing permitting activities to a stop. Operators should therefore take careful note of the noise, air quality and other complaints from their neighbours, since it is clear compliance with their environmental permit will not, on its own, be a sufficient defence against private nuisance claims,

Consultation on HSE Proposals to Remove Fourteen Legislative Measures

The Health and Safety Executive has issued a consultation seeking views on proposals to remove fourteen legislative measures (one Act, twelve Regulations and one Order and with a related provision in the Factories Act 1961) and to withdraw approval for an associated Approved Code of Practice. The HSE believes that these measures are either redundant, have been overtaken by more up to date Regulations or do not deliver their expected benefits.
The measures included cover Celluloid and Cinematograph Film, Construction Head Protection, Notification of Conventional Tower Cranes, Notification of Installations Handling Hazardous Substances, Gasholders (Record of Examinations) Order, Docks, Shipbuilding and Ship-repairing and Metrication.

The consultation will end on 4th July 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Health and Safety at Work Application outside Great Britain Changes

The Health and Safety Executive is seeking views on their proposals for replacing Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 and 2011 Variation Order with a new Order.

The new Order will:
• Ensure the statutory protection currently provided for in the 2001 Order and the 2011 Variation Order is
maintained;
• Provide legal clarity for duty holders that HSE has the power to regulate activities associated with new
emerging energy technologies (e.g. combustible gas storage, carbon dioxide storage and underground
coal gasification);
• Simplify the new Order, by clarifying the definition of certain activities due to lessons learned based on
operational experience.

It is intended the new 2013 Order will come into force on 6th April 2013.

The consultation will end on 4th July 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Irish Smoky Coal Ban Regulations

The Department of the Environment, Community and Local Government in Ireland has issued a consultation to assist a review of the “smoky coal ban regulations” to ensure that they remain fit for purpose in safeguarding air quality by limiting harmful emissions of air pollutants arising from the use of residential fuels.
The consultation paper reviews the regulations to date and identifies relevant considerations relating to their effective implementation in the context of developments over the twenty years since their introduction.
The consultation will end on 17th May 2012.

Further information can be found here.

Published: 01 May 2012

Consultation on Climate Change Agreements

The Department of Energy and Climate Change (DECC) is seeking views on proposed changes the Climate Change Agreements (CCA) scheme put forward in order to implement policy changes.
The consultation also requests views on the proposed charging scheme which will be implemented the Environment Agency on a cost recovery basis and proposals for the implementation of energy and carbon accounting in the new scheme.
Draft Regulations for the proposed changes will be available shortly.
The consultation will end on 25th May 2012.

Further information can be found here.

Published: 01 May 2012

Controls for Scottish Ministers over Non-native Species

New legislation: The Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No. 3) Order 2012
Who does this affect: Scotland
When does this change take place: 1st May 2012

This Order brings into force provisions of the Wildlife and Natural Environment (Scotland) Act 2011 which allows Scottish Ministers to make legislation in relation to non-native species, including legislation specifying the types of animal for which it is an offence for a person to release or allow to escape from captivity and the types of plants to which the offence of planting or causing to grow any plant in the wild at a place outside its native range does not apply.

The full text of the Regulations can be found here.

Published: 01 May 2012

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