Environmental Legislation

Question 1

What agency covers environmental enforcement in Scotland?

Answer 1

Scottish Environmental Protection Agency (SEPA)

Question 2

What agency covers environmental enforcement in England and Wales?

Answer 2

Environmental Agency (EA)

Question 3

What are the two most important UK ministries in charge of environmental policies?

Answer 3

• Department of Environment, Food and Rural Affairs

- Department for Business, Energy and Industrial Strategy

Question 4

What does ‘clean’ go hand in hand with?

Answer 4

‘Safe’

Question 5

What was the main aim of the Alkali and Works Regulation Act?

Answer 5

Applying the ‘best practicable means’ for preventing the escape of noxious and offensive gases including HCl, SOx and NOx for a range of ‘prescribed processes’

Question 6

What is meant by ‘best practicable means’?

Answer 6

This refers not only to the provision and efficient maintenance of appliances adequate for preventing such escape but also the manner in which such appliances are used and to the proper supervision of any operation in which such gases are evolved.

Question 7

What is the main aim of the Health and Safety at Work Act?

Answer 7

Mostly about the protection of the workforce personnel actually on the business’s premises. It lists a number of duties of care of the employer which overlap with environmental control. The act has subsequently been extended to non-employees and to the general public.

Question 8

What was the main outcome of the Environmental Protection Act?

Answer 8

It introduced the concept of Integrated Pollution Control.

Question 9

What does Integrated Pollution Control combine?

Answer 9

• Air pollution, water pollution, discharge of wastes to landfill
• Industries with their own legislation e.g. mining and quarrying and the nuclear industry were incorporated
• It incorporated previous regulations, clean air, litter, nature conversation, countryside matters

Question 10

What did Integration Pollution Control develop into?

Answer 10

Integrated Pollution Prevention and Control (IPCC)

Question 11

What is the difference between IPC and IPPC?

Answer 11

• ‘Prevention’ was added
• IPPC has more stringent limits
• IPPC also includes noise, heat, light and vibrations as ‘prescribed substances’

Question 12

What is the significance of prescribed substances?

Answer 12

The emissions of the substance must be prevented and controlled

Question 13

Which directive now retains the principle of IPPC?

Answer 13

The EU’s Industrial Emissions Directive (2010/75/EU)

Question 14

How are IPPC and IED implemented in Scotland?

Answer 14

Through the Pollution Prevention and Control Regulations 2012

Question 15

What are the two principles of the IED?

Answer 15

• ‘Polluter pays’ principle

- ‘Pollution prevention’ principle

Question 16

What does IPPC apply to?

Answer 16

• Prescribed Processes

- Prescribed Substances

Question 17

What is required in the permit of the IPPC?

Answer 17

Full process description, mass balances, environmental assessment, ‘BATs’ and conditions

Question 18

Give examples of prescribed processes

Answer 18

Energy industries, production and processing of metals and minerals, chemical industry, waste management, slaughterhouses and disposal of animal carcases

Question 19

Give examples of prescribed substances for air

Answer 19

F, Cl, As compounds
SOx, NOx and other S and N compounds
Particulates
Asbestos
Metals and their compounds
Carbon Monoxide
Cyanides

Question 20

Give examples of prescribed substances in water

Answer 20

Organohalogen compounds, organophosphorus, substances that are carcinogenic or mutagenic, biocides, cyanides

Question 21

What are the three ways in which Prescribed Substances can be dealt with?

Answer 21

• Prevent (consider alternatives)
• Minimise (re-use, recycle, recover as far as possible)
• Render harmless (destruction, neutralisation, dispersion)

Question 22

What directive covers prescribed substances?

Answer 22

Waste Framework Directive

Question 23

How will a permit deal with prescribed substances?

Answer 23

Emission Limit Values

Question 24

What are the other necessities of IPPC?

Answer 24

• Energy and resources must be used efficiently with BATs
• Necessary measures must be taken to prevent accidents and limit consequences
• Necessary measures must be taken on final cessation of activities to avoid any pollution risk

Question 25

What sort of conditions will a permit include?

Answer 25

• Emission Limit Values
• Level of environmental monitoring and method
• Operating instructions and training
• Abnormal occurrences
• Accidental prevention
• End-of-Life decommissioning

Question 26

What are BATs?

Answer 26

Best Available Techniques Reference Documents are sector-by-sector technical guidance. The emission limits associated with BAT must be complied with.

Question 27

What powers do the inspector of the environmental agency have?

Answer 27

• To enter premises at any time
• To make examinations and investigations
• Take measurements, photographs,
• To copy records
• To require answers to questions
• Access company reports

Question 28

What are enforcement notices?

Answer 28

They are issued by SEPA when a condition is being contravened or when a condition is likely to be contravened. It may be served.
It states what is wrong and what is needed to put it right, the timescale is required.

Question 29

What are suspension notices?

Answer 29

They are issued by SEPA when there is either an imminent risk of pollution or some other risk of serious pollution or an immediate danger to human health. Must be served. It states the risk, the steps necessary to correct it, what parts of the process cannot be operated in the meantime.

Question 30

What are offences under the act?

Answer 30

Operating without authorisation. Not complying with conditions or notices, and legally justified requirements of the inspectors. Falsifying data, forging documents, making misleading statements in dealing with SEPA.