The changing face of environmental legislation

The changing face of environmental legislation

Keywords: Corrosion, Environment, Legislation

The first authorisations under the UK Pollution Prevention and Control (PPC)Regulations are currently being considered by the Environment Agency. PPC represents the UK implementation of the Integrated Pollution Prevention and Control Directive (96/61/EC), one in a long string of environmental directives emanating from the European Union. It replaces the IPC (Integrated Pollution Control) framework that has been in place since 1990, adding specific duties on process operators including energy efficiency, site restoration after closure,and some other issues. For much of the industry already regulated under IPC, the new regulations will not be a great change. However, for industries newly caught in the net (intensive livestock rearing and large-scale food processing) there are likely to be some shocks. The main beneficiaries (and there always are some)will be consultancies – particularly those with expertise in noise and the contaminated land surveys that will provide a baseline for post-closure remediation.

While PPC addresses the environmental problems associated with the operation of the most polluting processes, other directives (for example, 1999/31/EC on the Landfill of Waste, 1999/13/EC on the limitation of emissions of volatile organic compounds or the Shellfish Waters Directive (79/923/EEC)) address a great range of environmental matters. Add to these developing UK regulation and the introduction of fiscal measures such as Landfill Tax, the Climate Change Levy, the forthcoming Aggregates Levy, and the burgeoning complexity of environmental legislation is evident.

Faced with this complexity it is easy to cross fingers and hide – hoping that things will carry on as before. Indeed, this has been the approach adopted by many industry sectors. However, two things are clear. First, things will not carry on as before and, second, those affected by new legislation can only expect a few years to implement what can be substantial changes. Take, for example, the Directive 1999/13/EC on the Landfill of Waste. This is to be in place by July 2001, and applies to all new landfills from that date. Existing landfills will need to have in place a plan for adaptation by 2002, and must be fully compliant by 2009.

Among the wastes to be banned for landfill disposal under 1999/13/EC are all liquid wastes – currently about 540,000 tonnes per year according to UK government figures. The effect on the landfills themselves will be important,but the effect on the users of landfills is likely to be dramatic. Liquid wastes are often sent to landfill if they have insufficient calorific value (or contain unsuitable materials) for incineration, are too toxic for disposal to sewer and have insufficient economic value for recovery. Consider, for example, dilute aqueous wastes that might come from metals treatment and plating operations. The step change in cost arising from sending such a waste to incineration rather than landfill may be sufficient to threaten the existence of some companies. Chemical and physical treatments are likely to be difficult for such wastes. It is common for metals that would normally precipitate easily to be held in solution by complexing agents. Treatment of complexed systems is, of course,entirely possible – but at a cost.

Clearly it is desirable to keep abreast of these developments, allowing the maximum time to adapt. There are several mechanisms by which this information can be transferred – the relevant trade media, the environmental media,through trade bodies, from consultants and through governmental organisations. None of these works perfectly. Governmental organisations are stretched and often engage in communication when the requirement to change is imminent. The environmental media are patchy. Trade media often misinterpret and tend to deliver a one-sided view, while trade bodies may be alarmist and consultants have a vested interest in maximising the work apparently needed to adapt.

Fortunately, help is at hand. Access to information and lobbying used only to be available to large companies and to trade bodies. It is now extremely easy for anyone with Internet access to follow and indeed participate in the development and application of environmental regulations. In the UK, the key information source is the DETR Web site (http://www.detr.gov.uk). This presents consultation drafts for forthcoming legislation as well as a selection of discussion documents and government reports. Current law and regulation can be found at http://hmso.gov.uk/European law can be found at http://europa.eu.int/comm/environment/law/ The consultation process on BREF notes (the Best Available Techniques Reference documents that guide the definition of regulatory requirements in the member states for pollution control of major industrial processes) is at http://eippc.jrs.ec Here can be found draft and completed documents (worthy of examination in their own right) describing the techniques that deliver best environmental performance from the industries subject to IPPC as well as some cross-sectoral guidance on such issues as monitoring, cooling systems and common waste treatment systems.

For those wishing to look further into the future, the statement of the objectives of the Swedish presidency of the EU can be found at http://www.eu2001.se/static/pdf/program/ordfprogram_eng.pdf. This emphasises issues such as sustainable development, the need for Integrated Product Policy legislation to enforce life cycle thinking on producers as well as the adoption of a more precautionary approach to chemicals in the environment. While legislation based on such thinking is some time away, and undoubtedly many member states would resist the far-reaching implications of such policies, this document nevertheless provides an insight into what may emerge.

While individual technologists may not in the short term be affected by regulation I would urge them (that is you) to make a new year's resolution for 2001. Have a look at some of the regulation and policy that may impinge on your activities and get to grips with the issues. Why? Obviously it may bring some long-term benefit to your business, but there is another reason. The arguments are won by those who participate – if you do not want to be subject to unreasonable regulation, or want to see regulation bring more environmental improvements, then you need to join in. There is no point in moaning about it after the decisions have been taken.

Paul SharrattProfessor of Sustainable Processing Environmental Technology Centre UMIST