Environmental Quality Standards and Objectives
While not directly applicable to manufacturing operations, the development of Air Quality Standards (AQSs) and Objectives (AQOs) have important implications for companies requiring an IPPC permit. The regulatory authorities must take steps to ensure that they are not breached. The development of AQSs and AQOs will also have implications for other business operations, particularly transport.
The principal laws dealing with AQSs and AQOs are outlined below:
Air Quality Standards Regulations 1989 (SI 1989/317) as amended by SI 1995/3146 and SI 2007/64
Made under the European Communities Act 1972 these Regulations implement the following EU Directives concerned with ambient air: 96/62/EC on air quality assessment and management; 1999/30/EC on limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead; 2000/69/EC on limit values for benzene and carbon monoxide; 2002/3/EC on ozone; and 2004/107/EC on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons.
The Fourth Air Quality Daughter Directive 2004/107/EC was transposed into UK law by the Air Quality Standards Regulations 2007 (SI 2007/64). The new Regulations also replace the previous Air Quality Limit Values Regulations 2003 that give effect to the provisions of Air Quality Framework; First; Second; and Third Air Quality Directives.
They set the following limit values: 6 nanograms per cubic metre (ng/m3) for arsenic, 5 ng/m3 for cadmium, 20 ng/m3 for nickel and 1 ng/m3 for polycyclic aromatic hydrocarbons (PAHs) represented by benzo(a)pyrene. Where the targets are exceeded, member states must identify pollution sources and demonstrate the application of "all necessary measures not entailing disproportionate costs" to meet them.
Air Quality Limit Values Regulations 2001 (SI 2001/2315) as amended by SI 2002/3117 and SI’s 2001/2683, 2002/3182, 2002/3183 and 2003/1848 (Wales) SI 2004/2888 and SI 2007/64
These regulations supersede and consolidate the existing Regulations (Air Quality Limit Values Regulations 2001 (SI 2001/2315) as amended by 2002/3117 and 2002/3183 (Wales)) and in addition transpose the requirements of Directive 2002/3/EC.
Directive 96/62/EC on ambient air quality assessment and management and Directive 1999/30/EC setting limit values for sulphur dioxide, oxides of nitrogen, particulates and lead in ambient air. The 2002 Regulations implement Directive 2000/69/EC relating to limit values for benzene and carbon monoxide in ambient air.
Directive 2002/3/EC sets target values for levels of ozone in ambient air to be achieved in 2010; and long term ‘benchmark’ objectives for 2020. Due to the transboundary nature of ozone and the complex chemistry involved in ozone creation, the target values in the Directive are not binding and achieving them is therefore not a statutory requirement.
Environment Act 1995 (EA 95) - Part IV
Establishes the framework for an air quality regime in the UK. Section 87 of EA95 enables regulations to be introduced to prescribe air quality standards and objectives, including those adopted by the EU, or those to which the UK is committed through international agreement.
Section 82 of EA95 places a duty on Local Authorities to review air quality in their areas and assess whether air quality standards and objectives are being, or are likely to be, achieved. Under section 83 the Local Authority is to designate any area where the AQSs or AQOs are not being achieved as air quality management area (AQMA) and produce an action plan of measures to achieve them (section 84).
Air Quality Strategy 2007
The strategy sets out a way forward for work and planning on air quality issues, details of the objectives to be achieved and introduces a new policy framework for tackling fine particles, similar to the approach being proposed in the new European air quality directive, which is currently under negotiation.
The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (SI 1999/1053) as amended by SI 2002/1649 and SI 2004/2034
The Non-Road Mobile Machinery (Type Approval) (Fees) Regulations 1999 (SI 1999/1054) Cover the issue of type approval certificates for engines or engine families in non-road mobile machinery.
The Environmental Permitting (England and Wales) Regulations 2007 (SI 2007/3538)
These Regulations require companies who use certain amounts of listed volatile organic compounds in listed activities to comply with emission limit values and introduce reduction plans. It aims to reduce the impact of solvents on air pollution, particularly the development of photochemical smog.
Companies must comply with the regulations through their Environmental Permits. New installations have to meet requirements before they are put into operation. However, where a new installation has received an authorisation or permit before 22 March 2002 it had to meet the requirements by 22 July 2002. The DEFRA guidance has advice on the definitions of installation, and substantial change.
Significantly the regulations apply to surface cleaning and some coating operations which were not previously covered. These include:
Vehicle refinishing between 0.5 and 1 tonnes per annum (pa) solvent consumption Vehicle coating in the course of manufacture between 0.5 and 5 tonnes pa solvent consumption Coating carried out other than in the course of manufacture greater than 5 tonnes pa solvent consumption Stand-alone surface cleaning greater than 1 tonnes pa solvent usage, using risk phrase substances.
Halogenated VOCs and substances classified as carcinogenic, mutagenic or toxic to reproduction (R45, R46, R49, R60, R61) should have been substituted by less harmful substances.
The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 (SI 2005/2773)
These Regulations came into force on 1st November 2005. The EU Paints Directive (2004/72/EC) aims to reduce emissions of volatile organic compounds (VOCs, solvents) across the UK and Europe. VOCs are precursors to the formation of ground level ozone (summer smog) and reductions resulting from implementation of this Directive will lead to improvements in air quality and public health.
The Paints Directive applies a product based approach to control emissions by setting:
- Maximum content limits for solvents (VOCs) in decorative paints, varnishes and vehicle refinishing products, from 01 January 2007 (Phase I) (See Schedules ton the Regulations for limits);
- More stringent limits for the maximum content limits of solvents of decorative paints and varnishes, from 01 January 2010 (Phase II).
The Directive repeals the requirements for vehicle refinishing under the Solvent Emissions Directive (SED) (1999/13/EC). For vehicle refinishing operators that remain regulated under the Pollution Prevention and Control (England and Wales) Regulations 2000 - operators using more than 1 tonne of solvent per year - a simplified template approach to permitting will be introduced from 01 January 2007. There will be reduced regulatory fees applicable under this new approach.
Guidance on vehicle paint spraying and refinishing is available on the defra website (PG6/34(a) and PG6/34(b)).