There is a variety of legislation dealing with hazardous substances and this is an area which closely inter-relates to Health and Safety legislation. Important legislation includes:
- General: Health and Safety at Work etc Act 1974 Environmental Protection Act 1990 - Part VIII Planning (Hazardous Substances) Act 1990
- Operational: Control of Major Accident Hazards Regulations 1999, Control of Substances Hazardous to Health Regulations 2002 (as amended)
- Supply and transport’ related: EU regulations on the Control of Risks of Existing Substances (EEC 793/93 Chemical (Hazard Information and Packaging for Supply) Regulations 2002 and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (see below).
Legislation concerning hazardous waste is not included in this section of the Register but can be found in the section on waste. Also, there is a separate section on radioactive substances and waste.
Environmental Protection Act 1990 - Part VIII
Sections 140-142 of EPA 90 provide for controls on substances, articles and waste to prevent environmental pollution, harm to human health or to the health of plants and animals. EPA90 enables regulations to be introduced to prohibit or restrict the importation, supply, storage and use of ‘injurious’ substances or articles.
The following regulations come under EPA90 and implement provisions of the EU’s Directive on the marketing and use of certain dangerous substances and preparations (76/769/EEC as amended):
Environmental Protection (Control on Injurious Substances) Regulations 1992 (SI 1992/31)
Set out the restrictions on the supply and use of specified substances. This includes polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTS); 1,4 dibromobutane (DBB); lead compounds in paint; mercury in textiles; and mercury, arsenic and organotin compounds in industrial water treatment.
The regulations amend the permitted concentrations of PCBs and PCTs defined in SI 1986/902. Guidance is provided in DoE Circular 3/92 (W/O 2/92) - available from the Stationery Office.
Environmental Protection (Controls on Injurious Substances) (No.2) Regulations 1992 (SI 1992/1583)
Ban the marketing and use of certain PCB substitutes - monomethyldichlorodiphenyl methane, monomethyldibromophenyl methane (DBBT) and monomethyltetrachlorodiphenyl methane.
Environmental Protection (Controls on Injurious Substances) Regulations 1993 (SI 1993/1) as amended by SI 1997/1900
Set out bans and restrictions on the marketing and use of pentachlorophenol (PCP) and substances containing specified concentrations of PCP.
Guidance is provided in DoE Circular 4/93 (W/O 8/93) - available from the Stationery Office.
Environmental Protection (Controls on Injurious Substances) (No.2) Regulations 1993 (SI 1993/1643)
Ban the marketing and use of cadmium in specified situations.
Environmental Protection (Controls on Injurious Substances) Regulations 1999 (SI 1999/3244)
Set out bans and restrictions on the placing on the market and use of wood that has been treated with a controlled substance or preparation that contains:
(a) benzo-a-pyrene at a concentration of greater than 0.05% by mass; or
(b) water extractable phenols at a concentration of greater than 3% by mass.
The Environmental Protection (Controls on Dangerous Substances) Regulations 2003 (SI 2003 3274)
These regulations set out certain exclusions. They also prohibit, from 6th January 2004, placing on the market of short chain chlorinated paraffins in concentrations greater than 1% for use in metalworking (or for fat liquoring of leather). And they prohibit, from 30th June 2004, certain uses of arsenic compounds, but allow some uses of inorganic compounds of copper, chromium, arsenic in the specific preservations of wood.
From 6th January 2004 they prohibit the use of hexachloroethane in the manufacturing or processing of non-ferrous metals (which originally came into force on 30th June 2003).
The regulations amend the Environmental Protection (Controls on Injurious Substances) Regulations 1992 (SI 1992/31) and revoke the Environmental Protection (Controls on Hexachloroethane) Regulations 2003 (SI 2003/602).
The Controls on Dangerous Substances and Preparations 2006 (SI 2006/3311)
These prohibit the placing on the market of lead in paints and some other substances (e.g. PCP and nonyl phenol) with certain exclusions.
Environmental Protection Act 1990 (Extension of Section 140) Regulations 1999 (SI 1999/396)
These Regulations extend section 140 of EPA 1990 to enable the implementation of EU Directive 96/59/EC on the disposal of polychlorinated biphenyls (PCBs) and polychlorinated terphenyles (PCTs) under the PARCOM decision to ban the import, use, supply or storage of these substances.
Environmental Protection (Disposal of Polychlorinated Biphenyls and Other Dangerous Substances) (England and Wales) Regulations 2000 (SI 2000/1043) as amended by (SI 2000/3359)
These Regulations ban the holding of Polychlorinated biphenyls (PCBs) and related substances, after 31 December 2000. Sites that hold PCBs, or equipment containing them (with some exceptions) must register with the Environment Agency.
Applications for registration must contain an inventory of PCB holdings, and plans for treatment or removal of contaminated equipment. The Regulations implement the EC Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
Planning (Hazardous Substances) Act 1990
Requires facilities using or storing hazardous substances at or above specified (controlled) quantities to obtain a consent from the hazardous substances authority (HSA). These are usually the local planning authorities. HSAs are responsible for assessing the degree of risk of the facility to the surrounding area.
Planning (Hazardous Substances) Regulations 1992 (SI 1992/656) – as amended by SI 1999/981
Implement the Planning (Hazardous Substances) Act 1990. Specify the hazardous substances and the controlled quantities. Set out the procedure for obtaining a consent. Food and Environmental Protection Act 1985 (FEPA85) - Part III Part III contains provisions to control pesticides to protect the health of human beings, creatures and plants, and to safeguard the environment.
Control of Pesticide Regulations 1986 (SI 1986/1510) as amended by SI 1997/188
These are made under FEPA85 - Part III. They define the types of pesticide subject to control. Set out the requirements for the approval (via consents) for the advertisement, sale, supply, storage and use of these pesticides. Those handling pesticides must be competent to do so. Storage and usage controls are the responsibility of HSE and the Local Authority environmental health departments. The Control of Pesticide (Amendment) Regulations 1997 clarified the position in the event of a breach of the Regulations, and amended the rules covering access to information.
Plant Protection Products Regulations 1995 (SI 1995/887) as amended by SIs 1997/7, 1997/2499 and 1999/3430
Introduce an approval system for ‘new and reviewed’ pesticides through the Ministry of Agriculture Food and Fisheries and the Secretary of State. They transpose the requirements of EU Directive 91/414/EEC on the placing of plant protection products on the market. Only approved pesticides may be marketed or used. ‘Existing’ pesticides are controlled by the Control of Pesticides Regulations 1996 until they have been reviewed.
Control of Nonyphenol Ethoxylate Regulations 2004
These Regulations implement EC Directive 2003/53/EC (on nonylphenol, nonylphenol ethoxylate and cement) insofar as it relates to the restricted substances nonylphenol and nonylphenol ethoxylate.
They place restrictions on the placing on the market or the use of either of the restricted substances for certain specified purposes including: industrial or institutional cleaning, metal working, manufacturing of pulp or paper, co-formulants in pesticides or biocides etc.