Sep 052011
 

Defra has consulted on proposals for regulations to amend environmental permitting to:

  • make administrative changes to how environmental permits are issued
  • introduce civil sanctions as an alternative to prosecution for environmental permitting offences under the regulations
  • make changes to the regulation of anaerobic digestion
  • make changes to the regulation of carbon capture and storage.

The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 are expected to come into force in October 2011.

Regulations for carbon capture and storage are expected to come into force in summer 2011.

What are the new environmental permitting regulations?

The proposed regulations will amend the Environmental Permitting (England and Wales) Regulations 2010 to:

  • allow the Environment Agency to issue fines and use other civil penalties for environmental permitting offences as an alternative to prosecution
  • make it possible to keep an environmental permit in force when a sole permit holder dies
  • make it easier to transfer a permit where the current operator cannot be found
  • transfer responsibility from the Environment Agency to local authorities to regulate dust, odour etc from traffic travelling to and from landfill sites
  • remove from regulation waste-derived fuels that are no longer classed as waste before they are burned
  • make amendments to waste descriptions and codes for exempt waste operations
  • clarify environmental permitting and marine licensing for waste activities in the marine environment
  • facilitate the development of anaerobic digestion (AD) plants
  • implement two articles of the EU Directive 2009/31 on carbon capture and storage (CCS).

The consultation also confirms that the government intends to extend environmental permitting to include water abstraction and impoundment and possibly other consenting regimes in the future.

What are the proposed changes for anaerobic digestion?

The following AD activities will be regulated by the Environment Agency as a waste operation that needs an environmental permit, rather than by Integrated Pollution Prevention and Control (IPPC) Directive requirements:

  • Gas production at AD plants treating biodegradable waste, where there is no combustion of the gas at the plant itself.
  • Gas combustion at AD plants in appliances with a rated thermal input of less than 50 megawatts. This may also be regulated by your local authority as a Part B activity if you burn fuel in a boiler, furnace, gas turbine or compression ignition engine with a net rated thermal input of between 20 and 49 megawatts.

These changes are primarily administrative so you will not see a major change in how these activities are regulated.

What are the proposed changes for carbon capture and storage?

The proposed regulations will amend the Environmental Permitting Regulations to:

  • make CCS from IPPC installations a listed activity that must meet IPPC requirements in its own right, ie separately to the IPPC installation
  • allow carbon dioxide streams to be injected into geological formations for CCS, by making an exception to the ban on direct discharge of pollutants into groundwater
  • avoid double regulation of offshore CCS activities by both the Environmental Permitting Regulations and the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001, by requiring a permit under the latter regulations only.

Who will the environmental permitting regulation proposals affect?

The proposals will affect:

  • operators of activities requiring environmental permits
  • operators of current or proposed AD plants
  • operators who may be considering developing CCS facilities
  • regulators such as the Environment Agency and local authorities
  • others with an interest in environmental permitting and compliance, eg consumer groups, individuals living near to permitted facilities

The above information is courtesy of Netregs.

Need ISO 14001 certification to help demonstrate you are legally compliant and maintain an Environmental Management System? Visit the IMS website for a free, no obligation quotation and further information on the requirements of the standard.

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Sep 022011
 

The Department of the Environment Northern Ireland (DOENI) has consulted on proposals to make site waste management plans (SWMP) a legal requirement for certain construction and demolition projects in Northern Ireland.

The consultation closed on 11 March 2011. The regulations will be called The Site Waste Management Plans Regulations (Northern Ireland) 2011 and are expected to come into force in autumn 2011.

Who will the Site Waste Management Plans Regulations (Northern Ireland) 2011 affect?

If you are involved in construction, demolition or excavation projects, with an estimated cost greater than £300,000, you will be affected by the new regulations and will be required to prepare a SWMP. The regulations will include all methods of construction, including civil engineering, modifications to existing constructions, site preparation, on-site pre-fabrication and work relating to utilities.

What is a site waste management plan?

A SWMP is a plan that details the amount and type of waste that will be produced on a construction site and how it will be reused, recycled or disposed of. The plan must be updated during the construction process.

There are additional requirements if the cost of the project is greater than £500,000.

Who will be responsible for the SWMP?

The client and principal contractor will be responsible for the SWMP. They must ensure sub-contractors employed on the site are aware of and comply with the key waste management controls.

What happens next?

The DOENI will consider the responses received to the consultation and use them to develop the proposals. The regulations should come into force in autumn 2011.

The above information is courtesy of Netregs.

Need ISO 14001 certification to help demonstrate you are legally compliant and maintain an Environmental Management System? Visit the IMS website for a free, no obligation quotation and further information on the requirements of the standard.

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May 132011
 

Indonesia and the European Union have finalised an agreement aimed at ending the trade in illegally-sourced wood.

The agreement will mean that EU companies will only be able to import timber that is certified as complying with Indonesian environmental laws.

The East Asian nation possesses some of the world’s most lavish forests, which in turn support spectacular wildlife.

Currently, European countries import about $1.2bn (£720m) worth of timber and paper from Indonesia each year.

This accounts for about one-sixth of the nation’s exports.

 

Last year, a major assessment concluded that the rate of illegal logging in Indonesia had declined by about 75% over the preceding decade.

Even so, it said, 40% of the timber harvested was illegal.

This was despite an initiative dating back to 2003 in which the government, alongside environmental groups and some companies, attempted to rein in illegal loggers, processors and exporters.

Meanwhile, the US and EU have recently stepped up measures designed to block wood and wood products of illegal origin.

Wood products as well as raw timber will be included in the measures

The US amended the Lacey Act so that companies are responsible for making sure their imports are legal, and the totemic Gibson guitar company is among those investigated as a result.

Last year, the European Parliament passed legislation with similar components, which comes into effect in March 2013.

 

Companies wanting to export to the EU will have to be able to track their products from forest to exporting port.

Independent auditors – yet to be appointed – will be charged with verifying that companies’ tracking is up to standard.

These auditors will report back to a joint Indonesian-EU committee.

Although only exports to Europe are covered by the agreement, the EU hopes that setting up the system will help Indonesia curb illegal logging and illegal exports across the board.

 

This information is courtesy of the BBC

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Feb 182011
 

The first company to be convicted against The Corporate Manslaughter and Corporate Homicide Act 2007 has been fined £385,000.

The company was fined after being convicted by a jury at Winchester Crown Court this week.

An employee died whilst taking a soil sample in a deep trench, whcih collapsed and killed him.

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Dec 122010
 

The Ecodesign for Energy-Related Products Regulations require manufacturers, importers and suppliers to meet minimum energy efficient standards for energy-related products and the regulations apply across the UK.

The regulations require energy-related products to meet certain requirements for efficiency and electrical consumption, before they can be sold in the UK.  They apply to products such as but is not limited to:

  • hot water boilers
  • battery chargers
  • domestic refrigerators and freezers
  • office lighting and electrical equipment
  • domestic lighting
  • televisions and simple set top boxes
  • electric motors

The regulations apply to businesses that sell, manufacture or import (from outside the EU) energy-related products.  The list of products the regulations apply to is continually expanding so regular reviews of the legislation is recommended.

For further information on the regulations and the requirements you may need to meet please visit netregs.

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Dec 072010
 

The Government is bringing together all the information you need to run a business in one place for each of the countries within the UK.

Many of  you are regular visitors to Netregs for obtaining information with regards to environmental legislation.  Although Netregs will continue to operate and advise on environmental legislation they will no longer publish guidance on complying with the regulations.

For obtaining guidance you will need to visit the below websites:

These changes will be taking place over the forthcoming months

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Oct 052010
 

Clause 4.5.2 within ISO 14001:2004 and OHSAS 18001:2007 is often a weakness within an organisations system and in most cases the process is not fully understood.  The European Co-operation for Accreditation produced a guidance document (EA-07/4) on this subject which can be downloaded here (EA-7-04) but some of the detail is shown below.

While certification of an Environmental Management System against the requirements of ISO 14001:2004 or OHSAS 18001:2007 is not a guarantee of legal compliance, (neither is any other means of control, including government or other type of control and/or legal compliance inspections), it is a proven and efficient tool to achieve and maintain such legal compliance.

Accredited ISO 14001:2004 or OHSAS 18001:2007 certification should demonstrate that an independent third-party (Certification Body) has evaluated and confirmed that the organisation has a demonstrably effective EMS or H&S to ensure the fulfilment of its policy commitments including legal compliance.

Certification Body auditors are required to audit conformity of an EMS or H&S to the requirements of ISO 14001:2004 or OHSAS 18001:2007.  They are not required to make a direct evaluation of legal compliance since this is the requirement for the organisation nor is the auditor required to conduct a compliance audit, which would be the role of the environmental regulator or an auditor/inspector contracted specifically for this purpose.

It is the organisation’s responsibility, and a function of the EMS or H&S, to ensure that the organisation periodically evaluates compliance with each and every applicable legal requirement & it is aware of its compliance status.  An EMS or H&S certified as meeting the requirements of ISO 14001:2004 or OHSAS 18001:2007 is expected to be able to identify the organisation’s compliance status.

The IMS auditor should be able to determine whether the organisation has established the necessary procedures and evaluated their legal compliance in sufficient depth to demonstrate legal compliance.

An IMS Auditor will evaluate the effectiveness of the organisations evaluation through:

  • sampling the organisation’s determination of compliance with examples of specific legal compliance
  • looking for evidence of compliance such as reviewing the waste transfer documentation
  • reviewing the organisations evaluation process to ensure that the process has covered all legal requirements
  • verify the capability of the evaluation, this may be  through the competencies of the personnel performing the evaluations

The responsibility for legal compliance stays with the organisation, therefore the evaluation process you perform is significant to the effectiveness of your EMS or H&S Systems.

The evaluation process is similar to an internal audit process but the organisation should pay specific attention to the legislative requirements and if they are being effectively met.

As an example; waste transfer notes are currently required to be retained for 2 years for non hazardous waste and 3 years for hazardous, you also need to ensure that the organisation taking the waste is licensed and take the waste to a licensed facility for that type of waste.  To evaluate compliance to this an auditor could select a number of waste transfer notes for the different types of waste streams within the organisation, ensure that the records are available, the person taking/collecting the waste has a valid waste carriers license and there is a copy of the waste management license/environmental permit for the disposal site which is valid for the type of waste received.  The evaluation notes/evidence should be able to clearly demonstrate that documents and records have been reviewed and are satisfactory for ensuring legal compliance.

There is not necessarily a right or wrong way of evaluating your legal compliance but the auditor should have confidence in the system that you have implemented.

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Sep 052010
 

The following information is taken from the Netregs website:  Remade South East are offering free workshops for anyone in the construction business who needs help to improve how they deal with waste on site.  Below are the course dates as per the netregs website, click on the registration hyperlink to book onto a course:

Event name Date Location Registration details
Croydon Business Advice Open Day Wednesday 29 September 2010 Fairfield Halls HMRC
Remade South East construction workshop: Managing waste resources on construction sites Thursday 16 September Seattle Hotel, Brighton Remade South East
Remade South East construction workshop: Site waste management plans – understanding your legal requirements Thursday 21 October Bricks and Bread Sustainable Living Centre, Aldershot Remade South East
Remade South East construction workshop: Choosing sustainable products for construction projects Tuesday 30 November Trinity College, Oxford Remade South East
EcoShow Live Northern Ireland Friday 8 – Sunday 10 October Kings Hall, Belfast EcoShow Live
Manchester Business Advice Open Day Tuesday 9 November 2010 Man City Football Club HMRC
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Jun 222010
 

EWIS is short for Electrical Wiring Interconnection Systems and was introduced in September 2008 by European Aviation Safety Agency and the Federal Aviation Administration and requires holders of Type Certificates for large aircraft (CS-25-Certification Specifications for Large Aeroplane).  An entirely new Subpart (Subpart H) has been added to CS-25.

The addition requires existing TC Holders to develop EWIS Instructions for Continued Airworthiness (ICA) derived from the Enhanced Zonal Analysis Procedure (EZAP) is imposed through the provisions of Part 21A.3B©1 for existing TCs, 21A.21©(3) for applicants for TC and 21A.103(a)(2)(iii) for applicants for changes to TC.  All TC holders should have been notified of the applicability of those provisions through a dedicated letter in October 2008.  FAR 26 has been introduced in the USA as the equivalent system requirement.

The applicant must conduct analyses if the STC requires a revision of the Instructions for Continued Airworthiness (ICA) applicable to Electrical Wiring Interconnection System (EWIS) as defined below that include the following:

Maintenance and inspection requirements for the EWIS developed with the use of an Enhanced Zonal Analysis Procedure (EZAP) that includes:

a. Identification of each zone of the aeroplane.

b. Identification of each zone that contains EWIS.

c. Identification of each zone containing EWIS that also contains combustible materials.

d. Identification of each zone in which EWIS is in close proximity to both primary and back-up hydraulic, mechanical, or electrical flight controls and lines.

e. Identification of:

• Tasks, and the intervals for performing those tasks, that will reduce the likelihood of ignition sources and accumulation of combustible material, and

• Procedures, and the intervals for performing those procedures, that will effectively clean the EWIS components of combustible material if there is not an effective task to reduce the likelihood of combustible material accumulation.

f. Instructions for protections and caution information that will minimize contamination and accidental damage to EWIS, as applicable, during the performance of maintenance, alteration, or repairs.

The ICA must be in the form of a document appropriate for the information to be provided, and they must be easily recognizable as EWIS ICA.

Enhanced Zonal Analysis Procedures (EZAP)

Zonal Inspection is a collective term comprising selected Visual Inspections and Visual Checks that are applied to each zone, defined by access and area, to check system and power plant installations and structure for security and general condition.

Levels of inspection applicable to EWIS.

Detailed Inspection (DET).

An intensive examination of a specific item, installation or assembly to detect damage, failure or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirrors, magnifying lenses or other means may be necessary. Surface cleaning and elaborate access procedures may be required.

General Visual Inspection (GVI).

A visual examination of an interior or exterior area, installation or assembly to detect obvious damage, failure or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight or droplight and may require removal or opening of access panels or doors. Stands, ladders or platforms may be required to gain proximity to the area being checked.

EWIS inspections may apply to the following components and systems:

(1) Wires and cables.

(2) Bus bars.

(3) The termination point on electrical devices, including those on relays, interrupters, switches, contactors, terminal blocks, and circuit breakers and other circuit protection devices.

(4) Connectors, including feed-through connectors.

(5) Connector accessories.

(6) Electrical grounding and bonding devices and their associated connections.

(7) Electrical splices.

(8) Materials used to provide additional protection for wires, including wire insulation, wire sleeving, and conduits that have electrical termination for the purpose of bonding.

(9) Shields or braids.

(10) Clamps and other devices used to route and support the wire bundle.

(11) Cable tie devices.

(12) Labels or other means of identification.

(13) Pressure seals.

(b) The definition in subparagraph (a) of this paragraph covers EWIS components inside shelves, panels, racks, junction boxes, distribution panels, and back-planes of equipment racks, including, but not limited to, circuit board back-planes, wire integration units and external wiring of equipment.

(c) Except for the equipment indicated in subparagraph (b) of this paragraph, EWIS components inside the following equipment, and the external connectors that are part of that equipment, are excluded from the definition in subparagraph (a) of this paragraph:

(1) Electrical equipment or avionics that is qualified to environmental conditions and testing procedures when those conditions and procedures are :

(i) Appropriate for the intended function and operating environment, and

(ii) Acceptable to the Agency.

(2) Portable electrical devices that are not part of the type design of the aeroplane. This includes personal entertainment devices and laptop computers.

(3) Fibre optics.

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Jun 192010
 

The Control of Artificial Optical Radiation at Work Regulations 2010 came into effect on the 27th April 2010

The purpose of the regulation is to protect workers against exposure to harmful artificial light, such as laser displays and includes sources of ultraviolet, infrared, and visible light.  Too much exposure to certain light sources can be harmful to the eyes and the skin.

Examples of hazardous sources of very intense light that pose a ‘reasonably forseable’ risk of harming the yes and skin of workers and where control measures are needed include:

  • Metal working – welding (both arc and oxy-fuel) and plasma cutting – mainly eye damage;
  • Pharmaceutical and research – UV fluorescence and sterilisation systems – mainly skin burn;
  • Hot industries – furnaces – eye and skin damage;
  • Printing – UV curing of inks – mainly skin burn;
  • Motor vehicle repairs – UV curing of paints – mainly skin burn;
  • Medical and cosmetic treatments – laser surgery, blue light and UV therapies – eye and skin damage;
  • Research and education – all uses of Class 3B and Class 4 lasers – potentially permanent eye and skin damage;
  • Entertainment – high intensity lighting and lasers;

Less common hazardous sources can be associated with specialist activities – for example companies manufacturing or repairing equipment containing lasers which would otherwise be hidden.
Organisations already have duties under existing health and safety law to protect workers against these hazards, and the new AOR regulations restate the requirement for risk assessment, taking steps to eliminate or reduce risks, providing necessary training, and where appropriate, health surveillance.

Safe light sourcesinclude the vast majority used in the workplace such as:

  • All forms of ceiling-mounted lighting used in offices etc with diffusers over the bulb. This includes compact fluorescent floodlighting; ceiling-mounted tungsten halogen spotlights; and ceiling-mounted tungsten lamps
  • Compact fluorescent lamps and tungsten halogen lamps when situated at distances more than 60cm from the user
  • All forms of task lighting. This includes desk lamps, including tungsten task lighting
  • Photocopiers
  • Computer or similar display equipment, including personal digital assistants
  • Photographic flash-lamps
  • Gas-fired overhead heaters
  • Vehicle indicator, brake reversing and fog lamps

More intense sources could be a problem if they are stared at for long periods or if they are in very close proximity to workers. It is our natural instinct to look away from these before harm can occur and in addition, they are often used at a safe distance from workers. These measures continue to be acceptable and no special conditions are required. Examples include:

  • Ceiling-mounted fluorescent lighting without diffusers over the bulb
  • High-pressure mercury floodlighting
  • Desktop projectors
  • Interactive whiteboard presentation equipment
  • Vehicle headlights
  • Non-laser medical applications such as: theatre and task lighting; diagnostic lighting such as foetal transilluminators and X-ray viewing boxes
  • UV insect traps
  • Art and entertainment applications such as illuminating by spotlights, effect lights and flash-lamps
  • Any Class 1, 1M, 2, 2M & 3R laser devices where not used in combination with magnifying aids. Examples include laser printers; CD/DVD recorders; materials processing lasers; disconnected fibre-optic systems; bar code scanners; level and alignment devices in civil engineering and surveying; and laser pointers.

What should you already be doing?

  • If you have a hazardous light source you should have in place sensible control measures following the principles below:
  • Use an alternative, safer light source which can achieve the same result
  • Prevent access of the light source to the skin and eyes of workers by engineering controls eg screening, interlocks, clamping (rather than holding) work pieces
  • Organise work to reduce exposure of workers and others – restrict access to hazardous areas by non-essential staff (eg use dedicated room; screening/barriers; display warning signs), increase distance between staff and source (eg remote control, time delays)
  • Issue appropriate personal protective equipment – eg goggles and face shields
  • Provide information and training to employees
  • Have emergency arrangements in place
  • Completed a risk assessment.

For further information and guidance visit the hse website

Terry Westley of TW Associates

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