February 2018 news letter

Dear Simplifi User,

Please find our February newsletter.

The 25th May is approaching fast (thirteen weeks) and we would remind you of the need for compliance with the General Data Protection Regulation (GDPR).  This is the European Union’s new legislation that will protect the personal data of all EU citizens. These rules will also apply to any companies processing any personal data of individuals within EU,

To avoid breeches of the new laws, see how quickly and easily you can start your GDPR journey go to;

www.simplifisolutions.co.uk and click on ‘GDPR’
The Simplifi Team

New legislation

Environmental permitting and protection

SI 2018/129.  The National Emission Ceilings Regulations 2018. Comes into force 1^st July. These Regulations implement in the United Kingdom Directive 2016/2284/EU of the European Parliament and the Council relating to national emission ceilings for certain atmospheric pollutants. This Directive implements at the EU level obligations under the United Nations Economic Commission for Europe 1979 Convention on Long-Range Transboundary Air Pollution and its 1999 Protocol to Abate Acidification, Eutrophication and Ground-level Ozone, which was revised in 2012.

SI 2018/151. The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018. Comes into force 2^nd April.  These Regulations set out provisions to reduce and prevent the pollution of waters from diffuse agricultural sources. These Regulations implement, along with other existing measures, Article 11(3)(h) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy which requires Member States to implement basic measures to prevent or control the input of pollutants from diffuse sources.

SI 2018/171. The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.  Comes into force 1^st April.  These Regulations make provision for a litter authority to give a penalty notice to a person who is the keeper of a vehicle.

Merchant shipping

SI 2018/68. The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018. Comes into force 12^th March. These Regulations implement the revised version of Annex II of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the MARPOL Convention.  Annex II contains regulations for the Control of Pollution by Noxious Liquid Substances in Bulk. As a consequence of these Regulations, the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 (SI 1996/3010) are revoked.

Radiation and radioactive substances

 SR 2018/17. The Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2018.  Comes into force 6^th February. These Regulations implement, as respects Northern Ireland, some of the provisions of Council Directive 2013/59/Euratom laying down basic safety standards for protection against the dangers from exposure to ionising radiation.

Waste

 WSI 2018/101 (W25). The Landfill Disposals Tax (Administration) (Wales) Regulations 2018.  Comes into force 1^st.  The Landfill Disposals Tax (Wales) Act 2017 establishes a new tax, to be known as landfill disposals tax. The tax is to be charged on taxable disposals, which are defined in Chapter 2 of Part 2 of the 2017 Act. These Regulations make provision in connection with the administration of the tax.

WSI 2018/131 (W33). The Landfill Disposals Tax (Tax Rates) (Wales) Regulations 2018.  Comes into force 1^st April. Sets the first standard rate, lower rate and unauthorised disposals rate for landfill disposals tax.

Amending legislation

Climate change.

 SSI 2018/40. The Carbon Accounting Scheme (Scotland) Amendment Regulations 2018. Comes into force 30^th March. These regulations amend The Carbon Accounting Scheme (Scotland) Regulations 2010 (SSI 2010/216). Amendments provide for method for determining whether an amount of carbon units is to be credited to or debited from the net Scottish emissions account for 2016 and the information to be included in a register for 2016.

Environmental permitting and protection

 SI 2018/98.  The Fluorinated Greenhouse Gases (Amendment) Regulations 2018.  Comes into force 22^nd February. These Regulations amend the Fluorinated Greenhouse Gases Regulations 2015 (SI 2015/310). The amendments include references to the following Commission Implementing Regulations adopted since the 2015 Regulations came into force—

1. Commission Implementing Regulation (EU) No 2015/2065;
2. Commission Implementing Regulation (EU) No 2015/2066;
3. Commission Implementing Regulation (EU) No 2015/2067;
4. Commission Implementing Regulation (EU) No 2015/2068;
5. Commission Implementing Regulation (EU) No 2016/879.

The Regulations also make provision for the appointment of certification, evaluation and attestation bodies by the Secretary of State, the disclosure of information on enforcement by HM Revenue & Customs to certain enforcing authorities and for the introduction of civil penalties in England, Scotland and for offshore installations.

SI 2018/110. The Environmental Permitting (England and Wales) (Amendment) Regulations 2018.  Comes into force 29^th January. Amends the Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154).

• Part 2 of these Regulations adds provisions relating to medium combustion plants (“MCPs”). It transposes the Medium Combustion Plant Directive, which lays down rules to control emissions of sulphur dioxide, nitrogen oxides and dust from MCPs. The amendments require MCPs to comply with emission limit values for sulphur dioxide, nitrogen oxides and dust, subject to specified exceptions.
• Part 2 also introduces provisions in relation to certain generators (“specified generators”). These Regulations impose additional requirements in relation to specified generators, to further limit emissions of nitrogen oxides.
• Part 3 makes amendments to the Air Quality Standard Regulations 2010 (SI 2010/1001) and the Air Quality Standard (Wales) Regulations 2010 (WSI 2010/1433), as part of the transposition of the Medium Combustion Plant Directive. The amendments require that when preparing an air quality plan, the Secretary of State, or the Welsh Ministers, must consider whether to include measures imposing lower emission limit values for MCPs than those set out in the Medium Combustion Plant Directive, if that would make a noticeable improvement to air quality.

SI 2018/118.  The Climate Change Levy (General) (Amendment) Regulations 2018.  Comes in to force 1^st April. These Regulations amend the Climate Change Levy (General) Regulations 2001 (SI 2001/838).  Amendments to Notes to paragraph 2 of Schedule 1.

SR 2018/33. The Pollution Prevention and Control (Industrial Emissions) (Amendment) Regulations (Northern Ireland) 2018. Comes into force 20^th March.  These regulations amend the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 (SR 2013/160). These Regulations introduce provisions relating to medium combustion plants (MCP), combustion plant with a rated thermal input equal to or greater than 1 megawatt but less than 50 MW. They transpose the European Union’s Medium Combustion Plant Directive, which lays down rules to control emissions of sulphur dioxide, nitrogen oxides and dust from MCPs.  These regulations also amend The Air Quality Standards (Northern Ireland) Regulations 2010 (SR 2010/188).

Health and Safety.

SI 2018/139. The Gas Safety (Installation and Use) (Amendment) Regulations 2018.  Comes into force 6^th April. These regulations amend the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451).  The amendments cover gas compression stations protected by downstream isolation valves, the examination of gas appliances, the duties of landlords and the frequency of safety checks of appliances and flues.

Planning.

SI 2018/99.  The Town and Country Planning General (Amendment) (England) Regulations 2018. Comes into force 23^rd February.  These Regulations remove the exception, in Reg 9 of the Town and Country Planning General Regulations 1992 (SI 1992/1492), altogether in relation to England, so that planning permission granted by any interested planning authority in England to itself will enure for the benefit of the land. This change will not affect planning permission granted before these Regulations come into force.

SI 2018/119.  The Town and Country Planning (Local Authority Consultations etc.) (England) Order 2018.  Comes into force 1^st April. These regulations extend periods of public consultation by one day for each bank holiday or public holiday which occurs during the prescribed periods in the listed circumstances.  Regulations amended are:

• SI 2017/402. The Town and Country Planning Order (Permission in Principle) Order 2017,
• SI 2015/595. The Town and Country Planning (Development Management Procedure) (England) Order 2015,
• SI 2015/596. The Town and Country Planning (General Permitted Development) (England) Order 2015,
• SI 2013/2410. The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013,
• SI 1990/1519. The Planning (Listed Buildings and Conservation Areas) Regulations 1990.

Radiation and radioactive substances

 SI 2018/121. The Ionising Radiation (Medical Exposure) (Amendment) Regulations 2018.  Comes into force 2^nd February. These Regulations amend the Ionising Radiation (Medical Exposure) Regulations 2017 (SI 2017/1322). In order to give full effect to the policy intention and to correct errors in the 2017 Regulations.

Waste

 SI 2018/102. The Waste Electrical and Electronic Equipment (Amendment) Regulations 2018. Comes into force 1^st of March.  Amends the Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113). There is a substituted Reg 34 which makes new provision for the collection, treatment, recovery and disposal of waste electrical and electronic equipment (WEEE) deposited at designated collection facilities. A new reporting requirement has been inserted into Reg 35, relating to the amount of WEEE sent for treatment or for reuse outside the United Kingdom.

EU legislation

Nothing of relevance published

Eire legislation

Nothing of relevance published

Consultations

 DEFRA is consulting on proposed updates to guidance on decommissioning for developers of offshore renewable energy installations.  Consultation closes 2^nd March. https://www.gov.uk/government/consultations/offshore-renewables-decommissioning-guidance-for-industry-proposed-updates

The European Commission is consulting on ecodesign and energy labelling on refrigerators, dishwashers, washing machines, televisions, computers and lamps.  Consultation closes 7^th May. https://ec.europa.eu/info/consultations/evaluation-and-review-ecodesign-and-energy-labelling-regulations-energy-labels_en

Prosecutions of note.

A West Yorkshire packaging firm was fined £120,000 with £849 costs for safety breaches after a worker suffered life-changing injuries.  On the day of the incident the injured person, having finished his normal driving duties for the day, was asked to work in the factory. A supervisor set up a circular saw and demonstrated the task of pushing stacked cardboard sheets through the saw to pre-determined sizes. During the demonstration, no push stick or jig was used to push the cardboard through the blade. After the demonstration the worker was left unsupervised. As he pushed the cardboard through the blade by hand, the cardboard twisted and pulled his right hand into the blade. The worker’s injuries were so severe that part of his index finger and ring finger had to be amputated from his right dominant hand, with his middle finger being damaged. An investigation by the Health and Safety Executive (HSE) found that the company did not provide suitable and sufficient training, supervision and assessment of the risks that were necessary for the safe use of the circular saw.

A Shropshire care home operator has been fined £120,000 and ordered to pay costs of £41,997after the death of a vulnerable patient in one of its residences.  The patient was found at the bottom of a flight of stairs leading to the cellar with his wheelchair on top of him. An investigation by the Health and Safety Executive (HSE) found that although the door to the cellar had a key pad latch and was fitted with a self-closing device it opened inwards directly onto the stairs without a sufficient landing area. The investigation also found that a risk assessment had not been produced for access and use of the cellar.  The inspector commented that the door appeared to be in regular use by kitchen and maintenance staff and as the deceased was unlikely to have known the key pad number to the door, the door cannot have been properly closed and locked.

In the news.

Environment Agency Chair, Emma Howard Boyd has called on water companies and farmers to cut the amount of pollution incidents harming England’s waters and for penalties to be made tougher, as the EA publishes The State of the Environment: Water Quality report.  Although the number of serious incidents has fallen by almost two thirds since 2001, the report reveals that 317 occurred in 2016. Agriculture is now the largest sector responsible for water pollution, while the number of serious incidents by water companies has remained at around sixty per year for the past decade – more than one a week. The report shows that water quality has improved markedly over the last thirty years, following more than a century of poorly regulated industrial practices. England has the cleanest bathing waters since records began and rivers that were biologically dead are reviving. But there is more work to do to achieve the Environment Agency’s ambition of a cleaner, healthier and better managed water environment.  https://www.gov.uk/government/publications/state-of-the-environment-water-quality

A new guidance document GPP 20 Dewatering Underground Ducts and Chambers has been published.  http://www.netregs.org.uk/media/1477/gpp-20-publisher-pdf-version.pdf .  Guidance covers the removal of small quantities (usually less than 5m3) of water from underground ducts and

chamber. The volume of water is usually clean but may have the potential to be contaminated with silt, oil or various chemicals.