Pollution Prevention and Control (PPC) Sector Permitting Plan - Chemicals pot

Operators of installations will need to apply for new integrated environmental permits in six application windows: 1 1 January to 31 March 2003 Organic chemicals 4.1 A ai, av, avi, avii,

Pollution Prevention and Control (PPC) Sector Permitting Plan - Chemicals

1 Objectives1

• This ‘Sector Permitting Plan’ (SPP) is one of a series that identifies key sectoral environmental issues It aims to give operators in the Chemicals sector a steer on the priority that we give to the various aspects

of Pollution Prevention and Control (PPC) and so will be of value in the preparation of PPC applications

• SPPs will be used by our permitting teams to focus industry efforts towards producing environmental improvements and preventing harm to human health, through the PPC permits They will also inform the drafting of our PPC guidance notes and will, in turn, advise staff of the issues they must address with particular care during application determination and compliance assessment

• Through our Chemical Strategy we are giving increasing consideration to priority substances that may have adverse environmental impact Since PPC is an important vehicle for collecting information and effecting improvements, the SPP also identifies these priority substances

• The SPP is aimed at the practicalities of PPC and is distinct from our Chemicals ‘Sector Plan’ which will

provide medium-term, strategic coverage of a broader range of environmental issues

• Reissue2

of the SPP is timed to coincide with the 2005 application window, but the SPP is written

generically and will be useful in the preparation of any Chapter 4 PPC application

2 Introduction

Chemicals is one of the largest sectors covered by the Pollution Prevention and Control (PPC) Regulations

2000 (SI 2000/1973) and will be regulated predominantly by the Environment Agency Operators of installations will need to apply for new integrated environmental permits in six application windows:

1 1 January to 31

March 2003

Organic chemicals 4.1 (A) (a)(i), (a)(v), (a)(vi), (a)(vii), (b), (f), (g)

2 1 June to 31

August 2003

Organic chemicals 4.1(A) (a)(ii), (a)(iii), (a)(iv)

3 1 October to 31

December 2004

Inorganic chemicals – 4.2 (A) (a)(i), (a)(ii), (a)(iii), (a)(vi), (b), (c), (d), (e), (f), (g), (h), (i), (j) Manufacturing activities involving carbon disulphide or ammonia

4 1 June to 31

August 2005

Inorganic chemicals – 4.2 (A) (a)(iv), (a)(v) Chemical fertiliser production

5 1 January to 31

March 2006

Organic chemicals – 4.1 (A) (a)(viii), (a)(ix), (c), (d), (e) Plant health products & biocides

Pharmaceutical production Explosives production

6 1 June to 31

August 2006

Organic chemicals – 4.1(A) (a)(x), (a)(xi)

Applications must set out how operators propose to operate; what emissions and effects are likely as a result

of their proposals; and how they will apply Best Available Techniques (BAT) in order to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole PPC applications represent a substantial challenge for both industry and us in terms of the resources to make and determine them Following the SPP will help ensure that those resources are targeted

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For further information on this Sector Permitting Plan contact: Alex Radway – Policy Advisor, Industry Regulation Tel 01925 542342 Email: alex.radway@environment-agency.gov.uk

2

The SPP supersedes the same-titled version dated May 2004, which in turn replaced the ‘Advice Note – PPC Implementation Plan for the Organic Chemical Sector’ (October 2002)

3 Status of Technical Guidance

The following UK and European technical guidance is currently available and is provided on the Sector CD3:

UK PPC Guidance (issue date or status)

(

http://www.environment-agency.gov.uk/business/444217/444663/298441/ )

European BREF (issue date or status)

( http://eippcb.jrc.es/pages/FActivities.htm )

Organic

chemicals

• S4.01 Large Volume Organic Chemicals (April

2003)

• S4.02 Speciality Organic Chemicals (April 2003)

• Large Volume Organic Chemicals (Feb 2003)

• Organic Fine Chemicals (Draft 2)

• Polymers (Draft 1)

Inorganic

chemicals

• S4.03 Inorganic Chemicals (Consultation draft) • ChlorAlkali (Dec 2001)

• Large Volume Inorganic Chemicals - Ammonia, Acids & Fertilisers (Draft 2)

• Large Volume Inorganic Chemicals - Solid & Others (Draft 1)

• Speciality inorganic chemicals (Draft 1)

Other • H1: Environmental Assessment and BAT

Appraisal (July 2003)

• H2 : Energy Efficiency (Feb 2002)

• H3 : Noise (Sept 2002)

• H4 : Odour (Oct 2002)

• H7 : Protection of Land - Application Site

Report and Site Protection & Monitoring Programme (Aug 2003)

• H8: Protection of Land - Surrender Site Report

& Template (Consultation draft June 2004)

• Common waste water and waste gas treatment and management systems in the chemical sector (Feb 2003)

• Emissions from storage of bulk or dangerous materials (Jan 2005)

• Economic and cross media issues under IPPC (Final Draft)

4 Considerations for PPC applications and determinations

The SPP identifies those elements4 of the PPC application process that are sufficiently important to be considered in detail in each chemical sector application, and those that only need detailed consideration where there is a clearly identifiable local issue We will concentrate our determination on the important issues for the sector, using improvement conditions where appropriate

4.1 Operational Techniques and In-Process Controls (Priority: High)

Operators currently authorised under IPC should use the PPC application to demonstrate that operating conditions, even for the same plant, remain appropriate This should include reference to any developments

in techniques that have occurred since the IPC authorisation was granted

The sector commonly uses stirred tank reactors to produce batch products This technology may not have been reviewed for many years and PPC provides an opportunity to ensure that the techniques in use remain appropriate Consideration should be given to newer techniques involving small, low-inventory ‘fast’ reactors that have the potential to achieve better yields whilst generating considerably lower quantities of wastes Individual fast reactors are usually custom-built for each reaction in order to optimise reaction specificity and maximise yields They may appear to offer less flexibility than conventional reactor systems but in many cases the equipment is so small that individual pieces can be constructed cheaply and installed easily whenever a reaction change is required Optimisation of reaction conditions and the reduced need for separation, purification and waste treatment or disposal may balance the economics when compared to conventional batch-reactor systems, whilst having the potential for marked environmental benefits Accordingly, operators who wish to use conventional stirred-tank reactors should demonstrate in the PPC application how their systems compare with newer techniques

3

IPPC Chemicals Regulatory Package (available by emailing PIRHelp@environment-agency.gov.uk)

4

The PPC elements are dealt with in a similar order to that in our template PPC application

Current ‘envelope’ authorisations will be re-examined to ensure that they are still appropriate and represent BAT In practice the plant may be over-designed for many of the reactions so that it accommodates the full range of operational conditions The extra cost of this being offset against the commercial advantage the operator may secure through increased flexibility If plant usage evolves into a single product then it must be optimised to ensure that it uses BAT to produce that product Multi-product permits should not be seen as an option for less than adequate operation If anything the standards should be higher to reflect the foreseen operational variability The Multi-Product Protocol (MPP) is provided on the Sector CD and should be used where an applicant is only able to identify a baseline list of products and a range of chemistry, rather than a definitive list of specified products Applicants should consider with care the wording of any MPP as it will form part of the PPC Permit

4.2 Emissions

Annex 1 gives Pollution Inventory (PI) data for 2003 and shows the chemical sector’s contribution to the overall emissions to air, controlled waters and sewer from IPC / PPC regulated industry The analysis also indicates which installations have a significant (>10%) contribution to the total release This analysis is useful for contextualising the sector’s emissions and identifying key pollutants We will need to consider circumstances where local environmental standards are threatened and the extent to which this is the result of operations within this sector

We are giving increasing prominence to environmental ‘performance indicators’ as complements to traditional emission limits Emission data can be normalised for the scale of process operation and/or environmental burden to generate performance data that are valuable in targeting regulatory effort at the most important environmental issues Performance indicators can address not only emissions (to air, water and waste) but also raw material use (including water and energy) Applicants should give consideration to appropriate performance indicators for their installation, whilst avoiding claims for commercial confidentiality on product volumes

Although significant reductions have been made by the sector in recent years, emissions to air remain a significant issue for some sites The following conclusions can be drawn from the PI data at Annex 1.1:

• The chemical sector is a significant source (>10%) for the release to air of 83 substances

• For 26 substances the chemical sector is responsible for 100% of the release In 12 of these 26 cases the 100% contribution came from a single chemical installation

• Of those air pollutants subject to the UK Air Quality Strategy5

the chemical sector is a significant source (>10%) for 1,3 butadiene (85%), benzene (18%), lead (17%) and carbon monoxide (11%)

• The sector is a small contributor to the national emissions of nitrogen oxides, sulphur dioxide and PM10

• The 4th Air Quality Daughter Directive (2004/107/EC) sets ambient air quality ‘target values’ for arsenic (6 ng/m3), cadmium (5 ng/m3), nickel (20 ng/m3) and benzo(a)pyrene (1 ng/m3) The chemical sector does not make a significant contribution to the national emissions of these substances

Where installations make a significant contribution to the exceedance of an air quality objective, or breach of

an EU limit value, or the emission forms a significant part of the Pollution Inventory total, we expect PPC applications to include emission reduction plans

In some chemical production activities fugitive, or diffuse, emissions may be more significant than point source emissions Activities that often give rise to such releases including the loading and unloading of materials into transport containers and spillage or unplanned events on site It has been recognised that, for part of the chemical sector, fugitive releases are an issue and we will work with the industry to secure improvements Initially we will be looking for better quantification of fugitive releases, followed by specific actions to secure reductions

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The Government's Expert Panel on Air quality Standards (EPAQS) is developing ambient air quality guidelines for a number of halides (HCl, HF, HBr, HI, Cl and Br) and consultation is expected in 2005

Our forthcoming Sector Plan for the Chemical Industry will include a number of environmental performance indicators and these identify important air emission priorities for the sector, including:

• Volatile Organic Compounds: emissions from the sector represent 44% of the total from all regulated processes

• Ozone Depletion Potential (ODP) - includes releases of carbon tetrachloride, hydrochlorofluorocarbons (HCFCs), chlorofluorocarbons (CFCs), methyl bromide, methyl chloroform and halons We have been directed by Defra to effect the Ozone Depleting Substances (ODS) Regulations (SI 528 of 2002) and the determination of PPC applications should consider the containment, use and destruction of ODS

• Photochemical Ozone Creation Potential (POCP) - includes releases of benzene, carbon monoxide and 1,3 butadiene

• Global Warming Potential (GWP) – nitrous oxide’s GWP of 310 makes it a high priority to control the emissions from nitric acid, fertilisers and nylon production Also includes emissions of hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs)

• Carcinogens, Mutagens and human Reproductive toxins (CMR)

• Substances that are Persistent, Bioaccumulative and Toxic (PBT) and very Persistent, Bioaccumulative and Toxic (vPBT)

• Acidification gases

• Phase-out date for chlor-alkali production by mercury cells

4.2.2 Solvents Emissions Directive (Priority: Medium)

The aims of the Solvent Emissions Directive (SED) are to prevent or reduce the direct and indirect effects of emissions of volatile organic compounds (VOCs) on the environment and the potential risks to human health To achieve these objectives, SED requires certain measures and procedures to be implemented for defined activities operated above specified solvent consumption thresholds

The main defined activity for this Sector is the manufacture of pharmaceutical products (where solvent consumption exceeds 50 tonnes/year) Although not directly applicable to other chemical activities, SED also provides a wider benchmark for sector performance

For substances or preparations containing VOCs, which are carcinogenic, mutagenic or toxic to reproduction, there is a requirement to use less harmful substitutes within the shortest possible time For other VOCs there is a requirement to meet either emission limit values or total emission limit values, or, alternatively, to implement a solvent reduction plan with the equivalent effect

All new SED installations must comply with SED before operations start and this will be achieved through the PPC permitting process Existing SED installations must achieve full compliance with the Directive by

31 October 2007 The definition of ‘existing installation’ includes SED installations where a valid application under IPC or PPC was made before 1 April 2001, provided that the SED installation was put into operation by 1 April 2002 A substantial change at an existing SED installation can require partial or full compliance with SED for the part of the SED installation that undergoes the substantial change

Partial compliance with regard to substitution and emission limits for some potentially more harmful VOCs

is required for existing SED installations within “the shortest possible time” after the date SED came into force (1 April 2001) Defra required plans for substitution to be submitted to us by 31 October 2003 for existing and currently regulated installations For existing installations not currently regulated, the company will be required to comply when they make their application under PPC

With respect to the transition from IPC to PPC, SED requirements will only be incorporated when more harmful risk phrase substances are being used Otherwise it is not intended to incorporate SED requirements ahead of the 2007 deadline for PPC implementation

4.2.3 Emissions to Controlled Waters (Priority: High)

Some significant reductions have been made by the sector in recent years, but emissions to controlled waters remain an issue for many sites The following conclusions can be drawn from the analysis of Pollution Inventory data at Annex 1.2:

• The chemical sector was a significant source (>10%) for the release to water of 35 substances

• For 10 substances the chemical sector was responsible for 100% of the release In 8 of these 10 cases the 100% contribution came from a single chemical installation

• Of those pollutants subject to water quality standards, the chemical sector was a significant source (>10%) for: benzene (92%), toluene (83%), phenols (81%), mercury (80%), xylene (76%), cadmium (49%), carbon tetrachloride (47%) and arsenic (26%)

Our forthcoming Sector Plan for the Chemical Industry will include a number of environmental performance indicators and these identify important air emission priorities for the sector, including:

• Chemical Oxygen Demand of releases

• Eutrophication potential - phosphorus and nitrogen

• Releases of substances for which the chemical sector is a major source of UK industrial releases - namely; arsenic, pentachlorophenol, mercury, cadmium, chromium, chloroform, PCBs, octyl and nonyl phenols, 1,2 dichloroethane

• Eco-toxicity to aquatic life – through Direct Toxicity Assessment (DTA) we are increasingly interested

in assessing the actual environmental impact of aqueous discharges (see section 4.9.2)

• Acidification potential

• Substances that are Persistent, Bioaccumulative and Toxic (PBT) and very Persistent, Bioaccumulative and Toxic (vPBT) – the key pollutants are recalcitrant organics and the List I and II Dangerous Substances (see Annex 2)

The Dangerous Substances Directive (DSD)6 requires the prior authorisation of effluents liable to contain Dangerous Substances – see Annex 4.2 This was not considered with sufficient rigour during the introduction of IPC and should be properly delivered through PPC

Where sites make a significant emission of a pollutant with a Water Quality Standard or a significant contribution to the Pollution Inventory total, we expect the PPC application to include plans for the reduction

of emissions We will examine all significant releases to water and in particular will be looking for an assessment of Dangerous Substance releases

Emissions to sewer are not a general issue for the sector but may be locally important Where applicable, Applicants should demonstrate that the treatment provided by an off-site sewage works represents BAT for the effluent constituents (especially recalcitrant organics) and not just coincidental removal or dilution The following conclusions can be drawn from the Pollution Inventory data at Annex 1.3:

• The chemical sector was a significant source (>10%) for the release to sewer of 50 substances

• For 10 substances, the chemical sector was responsible for 100% of the release In 6 of these 10 cases the 100% contribution came from a single chemical installation

PPC activities should not usually allow releases to land or groundwater, or result in the deterioration of land condition The direct discharge of effluents to groundwater is not a widespread issue within the sector although many sites show evidence of ground / ground water contamination as a result of historical site

6

The Dangerous Substances Directive will be repealed in 2013 and will be eventually replaced by the Water Framework Directive (with transitional arrangements for the interim period) Member States will have to ensure that any existing controls under 76/464/EEC (or daughter directives) are maintained / replaced to ensure no deterioration

activities Older sites with poorly characterised drainage systems may represent a potential risk to groundwater

Applicants should use the Site Protection and Monitoring Programme (SPMP) to define robust pollution prevention measures, in particular integrity testing and environmental management systems The SPMP should consider the need for ongoing groundwater monitoring Where there is a reasonable possibility of current or future pollution arising from substances in use or produced, or likely to be, reference data (which may include intrusive investigations) will be required Since SPMPs need to be agreed within two months of the Permit issue, Applicants may find it advantageous to submit a draft SPMP with their application

Overall the chemical sector seems to be well run and has a history of structured environmental management The sector has a good understanding of legislative requirements having been subject to Integrated Pollution Control (IPC) for a decade and COMAH since 1999 Our ‘Spotlight Report 2002’ notes that the sector has a good record on environmental improvements and spends more than any other heavy industry on environmental protection measures (£628 million in 2000)

Scores under our Operator and Pollution Risk Appraisal (OPRA) schemes indicate that Operator Performance is generally good and processes are well managed compared with other industry sectors The Pollution Hazard element of OPRA scores gives more hazardous ratings when compared with other sectors, and this reflects the nature and inventory of chemicals present on sites Operators are encouraged to seek performance improvements to improve further their OPRA scores

Generally the sector makes sophisticated products, often of high value, which may demand high specification product and close operational control Through the Chemical Industries Association (CIA) the industry has developed the Responsible Care Management System (RCMS) and this is being enhanced to include external verification There is an opportunity to reward this initiative by building it into our regulatory systems for PPC (e.g OPRA assessment) We will recognise externally verified RCMS when demonstrably equivalent to either ISO 14001 or EMAS

Our experience of the sector suggests that not all operators are driven to minimise the use of raw materials, including water and energy This may be attributable to process reasons (e.g reaction yields were the main driver and excess raw materials were used) Changing a raw material, or reducing its use to the stoichiometric quantity, is often difficult as third party approvals may have to be gained, or equipment / operating conditions changed The scale of investment in chemical plant is often very large but the scope for plant changes may be small Minimisation of raw materials may also be hindered by lack of financial incentive (e.g where the raw material has a low value when compared to the final product)

Under PPC, applicants should consider whether their chosen production techniques minimise raw material use and whether the cycles of plant investment / renewal offer opportunities for the adoption of new, more efficient processes We will include appropriate improvement conditions where there is scope for improved efficiency (and hence reduced waste generation)

We are increasingly interested in the use, in raw materials, of a number of priority substances – as described

in section 4.13

4.5 Waste minimisation and selection of disposal option (Priority: High)

When determining the conditions of a PPC permit, we need to take account of the requirement that installations are operated so as to prevent or reduce waste production Where waste is produced, the IPPC directive says that it is to be recovered unless ‘technically and economically impossible’ If waste is to be disposed of, either by the operator or via a waste management company, the operator must ensure that the chosen disposal option avoids, or reduces, any impact on the environment These obligations are over and above those to use Best Available Techniques to avoid causing pollution However a factor to be considered

when determining BAT is “the use of low waste technology” Waste minimisation, and selecting the best environmental waste disposal option, are therefore of primary consideration in the PPC permitting process

In addition to the above overarching obligations, there are a number of specific obligations and controls that operators have to be aware of regarding the landfilling of waste These are:

• The ban on the co-disposal of hazardous and non-hazardous waste

• The need to pre-treat waste destined for landfill

• The wider definition of ‘hazardous’ wastes as compared to ‘special’ waste7

• The need for any landfilled waste to meet certain waste acceptance criteria (WAC)

• The ban on the landfilling of liquid wastes

• The relatively small number of merchant landfills permitted to accept hazardous wastes

• Recent EU case law which may re-classify by-products and co-products as ‘waste’

The chemical sector is a major producer of waste, including hazardous waste The main hazardous waste streams for the sector are expected to include - spent catalyst, process residues (heavy ends, sludges), spent solvents, effluent treatment sludges (including filter cakes), contaminated soils and oily sludges Arisings have reduced in recent years and the CIA has targeted a further 25% reduction between 2000 and 2010 Applicants should demonstrate how hazardous waste arisings will be treated / disposed through in-house or third-party facilities

Generally the chemical industry uses a lot of energy and this is often the major source of emissions for the sector (even if the actual release may be elsewhere and from a third-party energy supplier)

Many companies in the chemical sector have signed an agreement (via their trade association) with the Secretary of State under the provisions of the Climate Change Levy Agreement (CCLA) Under current advice from Government, our role in energy efficiency for companies with a CCLA is limited to basic energy conservation measures These companies are required to deposit a copy of their plans with us, and their management system need to provide for proper consideration of the energy used, that operating conditions are optimised and equipment is maintained in good condition

If there is no CCL Agreement in place, then a full assessment of energy requirements is necessary

Where operators are participating in the national Emissions Trading Scheme (ETS), the ETS Regulations (SI

2003 No.3311) have amended the PPC Regulations by adding a new PPC regulation 12(8A) This states that the PPC permit shall not include an "emission limit value, equivalent parameter or technical measure", in respect of emissions of pollutants covered by conditions of the Operator's ETS permit, unless we consider them necessary to prevent significant local pollution The ETS Regulations currently only apply to carbon

dioxide emissions, although there is a future intention to extend to other greenhouse gases

4.7 Accident Prevention and Control (Priority: Medium)

Many chemical installations will be covered by the requirements of the Control of Major Accident Hazards (COMAH) Regulations 1999 COMAH is enforced in England and Wales by the Health and Safety Executive (HSE) and us acting as a joint Competent Authority

We consider COMAH, where available, to be the most appropriate legislation to regulate major accident prevention and control COMAH requires the operator to use all measures necessary to prevent major accidents and limit their consequences to persons and the environment Our view is that “all measures necessary” requires the application of BAT as a minimum

For top tier COMAH installations we will assess control of environmental major accident hazards during the safety report assessment process and by inspection

7

For further information see www.environment-agency.gov.uk/subjects/waste/232021/799638/799655/?version=1&lang=_e

For lower tier COMAH installations there is no safety report assessment process We will assess control of environmental major accident hazards by inspection However, for COMAH sites PPC applications should include a summary of accident prevention and control arrangements with a clear indication of how measures have been extended to those aspects that are not regulated under COMAH (i.e minor accidents such as spillages) Sites not subject to COMAH should follow the PPC application guidance

Noise and vibration nuisances are not a general issue for the chemical sector However, particular consideration should be given where local concerns have been raised

The results of monitoring are increasingly being placed on national and international databases, and used as a guide to regulation This will require stronger emphasis on the quality and quantity of monitoring data Monitoring was addressed with some variability in IPC authorisations The transfer to PPC is an opportunity

to rationalise monitoring requirements and to reduce variability between permits Close attention will be paid

to 12(9)(e) of the PPC Regulations that states that a permit shall include conditions: “setting out suitable

emissions monitoring requirements, specifying the measurement methodology and frequency and the evaluation procedure, and ensuring that the operator supplies the regulator with data required to check compliance with the permit”

We intend that, compared with IPC authorisations, PPC permits for the chemical sector will include fewer, better specified, emission limits and monitoring requirements Where a release justifies the inclusion of a release limit, then it also warrants monitoring to recognised standards It is important that all monitoring required by a permit uses test methods and equipment that produce meaningful and accurate data The use of certified schemes, such as MCERTS, are likely to be required where available

DTA is a method for testing whole samples of liquid discharges for their effect on aquatic organisms This is conducted in accordance with well-defined procedures, set out in detailed technical guidance8

DTA can establish the potential impact of a discharge without requiring a detailed knowledge of its chemical composition As such DTA can be used to supplement chemical specific assessments to account for the effects of substances which might otherwise go undetected, or may provide an alternative to chemical specific assessment when there is insufficient ecotoxicological data on the chemicals concerned

DTA is an essential component of the environmental assessment (such as H1) and BAT appraisal We expect DTA for all effluent discharges, unless they are smaller than 100 m3 /day, or the effluent is 'simple', or the discharge is to a sewage treatment works A ‘simple’ effluent is one where all components have been fully speciated by chemical analysis and where the toxicity of the effluent can be explained by the chemical properties of the components Very few effluent streams would be currently categorised as ‘simple’

4.10 Decommissioning and Surrender Planning (Priority: Medium)

For many chemical installations this is an issue that will not have been considered before but it has the potential to be significant Particular attention should be given to the objectives of pollution prevention and site condition monitoring associated with the new ‘Policy for the Protection of Land under PPC’

8

UK Direct Toxicity Assessment (DTA) Demonstration Programme: Technical Guidance - Addressing Water Quality Problems in Catchments where Acute Toxicity is an Issue (Report No 00/TX/02/07)

4.11 Installation Issues

4.11.1 Multi-Operator Installations (Priority: Medium)

The law requires that the whole installation is operated using BAT not just the segments covered by individual permits We require that, when applications are made, the responsibilities of each operator are clearly defined It is particularly important that all operators of parts of an installation (including direct service providers such as pumping stations / waste treatment etc but not general utility services) have made applications This is often very relevant to chemical installations

Claims for confidentiality under PPC will be re-examined to see that they are not simply carried over from previous regimes The aim should be to limit to an absolute minimum the information required to be kept confidential Applicants should present information in such a way that confidentiality will not be compromised and that exclusion from the public registers is not required

4.12 Impact

4.12.1 Conservation Considerations (Priority: Medium)

Applicants should consider whether the installation, either alone or in combination with emissions from other sources, could adversely affect the integrity of any site designated as a ‘Natura 2000’ site under the Habitats Regulations, or damage the special features of any Site of Special Scientific Interest (SSSI) regulated under the CROW (Countryside and Rights of Way) Act We have agreed with the Conservation Agencies a screening mechanism for the chemicals sector that identifies a list of priority sites / substances and so reduces the number of applications requiring a full assessment under the Habitats Directive Our permitting

officers will consult this list to ensure that the appropriate assessment is carried out

Protection of human health is an essential requirement of PPC Companies must consider the potential effects on human health of their permitted activities This can be an emotive issue and in some sectors is the major cause of protracted and resource-intensive permitting In those sectors, Applicants should be encouraged to engage with Primary Care Trusts / Local Health Boards at the earliest opportunity to ensure that the application addresses their concerns

Our ‘Chemicals Strategy’ (Managing Chemicals for a Better Environment)9 aims to focus controls on those chemicals that may affect the environment or human health through environmental exposure Such controls will target points in chemical life cycles that provide the most effective and efficient outcomes

There have been, and are, many initiatives to improve our understanding of chemicals and how they are managed Outlined below are summaries of some of these initiatives and the priority chemicals that they have identified to date We lack good information about the use and release of many of these substances, and

so PPC is an important delivery mechanism for both improving our understanding and effecting change It is envisaged that for substances listed in Annex 3 we will use PPC as follows:

• PPC applications should provide the fullest possible information on the use, release and potential release

of the listed substances

• Where the PPC application or determination identifies information gaps, Permit improvement conditions may be used to gather additional information on use, release and potential release of the substances

• On the basis of information provided by the PPC permitting process, the relevance of releases can be assessed and further actions prioritised (maybe via Permit improvement conditions)

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See http://www.environment-agency.gov.uk/business/444304/444362/368813/?version=1&lang=_e

4.13.1 Current controls on substances

EU Review under the Existing Substances Regulation (ESR): The EU is reviewing the environmental and

human health risks for limited numbers of chemicals that are used inside the EU in significant quantities In some cases no risks have been identified, in other cases risks have been identified for human health and/or the environment A risk reduction strategy is then required to address the risks identified, and this can include tightening controls under existing mechanisms, such as PPC, or restrictions on the marketing and use

of substances Annex 3.1 lists those substances where, based on the EU risk assessment, an environmental risk or a need for further information has been identified and where in our opinion the assessment is relevant

to PPC installations For some substances a Risk Reduction Strategy has now been published in the Official Journal of the EU

PPC applicants using these substances should review the nature of the risk in the risk assessment10 and consider whether that risk might potentially arise from their installation If the risk is possible, then site specific risks should be clarified by identifying potential releases and estimating environmental levels, and then comparing this with the appropriate Predicted No Effect Concentration (PNEC) in the risk assessment

Further background information can be found on the EU website11

Marketing & Use Restrictions: Following identification of environmental, or health risks, restrictions on

the marketing and use of the chemical may have been selected as an appropriate part of a risk reduction strategy The controls can vary from a complete ban, to restrictions in certain applications Annex 3.2 lists the current Marketing & Use Restrictions12 Where appropriate, applicants should ensure they comply

Water Framework Directive (WFD) (2000/60/EC): The WFD aims at enhanced protection and

improvement of the aquatic environment through a variety of measures The WFD requires ‘Priority Substances’ to be identified in accordance with Article 16(2), and listed under Annex X, and requires specific measures for the progressive reduction of discharges, emissions and losses13 Amongst the Priority Substances are the ‘Priority Hazardous Substances’ which, by virtue of their toxicity, persistence and liability to bio-accumulate, the WFD requires the additional aim of cessation or phasing out of discharges, emissions and losses (see Annex 3.3)

PPC applicants should consider the use, and generation, of Priority Hazardous Substances in / by their installations and address the WFD requirements of aiming to cease and phase out releases to water and releases to other environmental medium where such a release may impact on water

4.13.2 Anticipated future developments

REACH - Registration, Evaluation and Authorisation of Chemicals, is a new and more comprehensive

regulatory regime covering manufacture rather than just marketing and use, that will replace existing, separate pieces of chemical legislation The REACH system is expected to come into force in a phased manner in 2007 and will involve:

(i) registration of basic information on all substances exceeding a production volume of 1 tonne / year (ii) evaluation by the authorities of substances exceeding a production volume of 100 tonne / year, and

those of lower tonnage where concern exists

(iii) authorisation of substances with properties that give rise to very high concern, where specific

permission will have to be given before they can be used

Chemical Stakeholders Forum (List of Chemicals of Concern): In 1997, as a result of concerns about the

effect of chemicals on the environment and human health and a lack of information about some effects, the

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http://ecb.jrc.it/DOCUMENTS/Existing-Chemicals/RISK_ASSESSMENT/EURATS/RAR_STATUS

11

Additional background information and details of the risk reduction strategy for some chemicals can be found at: http://www.europa.eu.int/comm/enterprise/chemicals/index.htm

12

A consolidated version of the directive with details of the extent of the restrictions applied can be found at: http://europa.eu.int/comm/enterprise/chemicals/legislation/markrestr/consolid_1976L0769_en.pdf

13

An Article 16 Daughter Directive is under development and may introduce EU environmental quality standards for Priority Substances together with emission control measures A proposal is expected in late 2005