Environmental guidance for your business in Northern Ireland & Scotland

Air
Recently Added Legislation

2014

The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 No 258

Prohibits the use of heavy fuel oil with a sulphur content greater than 1% or the use of gas oil with a sulphur content greater than 0.1%. They revoke the 2007 Regulations.

2015

The Ozone-Depleting Substances Regulations 2015 SI 168

Replace and consolidate The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011(S.I. 2011/1543) and the Ozone-Depleting Substances (Qualifications) Regulations 2009 (S.I.2009/216). The regulations relate to the production, import, placing on the market of ozone depleting substances and the minimum qualifications for those working on recovery, recycling, reclamation or destruction of ODS.

The Fluorinated Greenhouse Gases Regulations 2015 (SI 310)

These regulations implement the requirements of Regulation (EU) No 517/2014 of the European Parliament and revoke the Fluorinated Greenhouse Gas Regulations 2009. The regulations cover certification of equipment such as refrigeration and fire protection and f-gas based solvents. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them.

2016

The Air Quality (Scotland) Amendment Regulations 2016

Introduces a definition of and an air quality objective for PM2.5 into the 2000 Regulations

The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016

Insert requirements in relation to the inspection of air-conditioning systems in buildings and nearly zero-energy buildings.

Current Legislation

This page provides links to the full text of key pieces of air environmental legislation that may affect your business in Scotland. The websites hosting the legislation may list amendments separately.

Air legislation for Scotland controls emissions of gases, dark smoke and other airborne pollutants that harm the quality of the atmosphere. It includes environmental permitting and authorising regimes and, via the climate change framework, establishes financial incentives to switch to less-polluting ways of working.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legal register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business.

Environmental management systems and environmental reports

 

Aerosol Dispensers Regulations 2009 SI 2824

Aims to protect public health by prohibiting the supply or possession of aerosols not marked as conforming to safety standards.

Air Quality (Scotland) Regulations 2000 SSI 97

Sets out local councils' objectives and timescales to review air quality and achieve objectives.

Air Quality (Scotland) Amendment Regulations 2002 SSI 297

Amends 2000/97 to set out new maximum concentrations levels for benzene, carbon monoxide and PM10 and sets out the timescales for these to be reached.

The Air Quality (Scotland) Amendment Regulations 2016

Introduces a definition of PM2.5 and an air quality objective for PM2.5 into the 2000 Regulations

The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016

Insert requirements in relation to the inspection of air-conditioning systems in buildings and nearly zero-energy buildings.

Clean Air Act 1993

Bans emission of dark smoke from chimneys and furnaces, sets minimum chimney heights, and creates smoke control zones.

Clean Air (Emission of Dark Smoke) (Exemption) (Scotland) Regulations 1969 SI 1389 (Not Available Online)
Exempts from the Clean Air Regulations the emission of dark smoke caused by burning certain materials, subject to specified conditions, eg timber from a building demolition.

Climate Change Act 2008

Sets 2050 as the target for reducing greenhouse gas emissions; outlines a carbon budgeting system, greenhouse gas emissions trading schemes, financial incentives for businesses to reduce waste and recycle more and powers to charge for single use bags.

Climate Change (Scotland) Act 2009

Introduces a target to reduce Scotland's greenhouse gas emissions by at least 80% by 2050, with at least 42% reduced by 2020. Sets out annual targets, including emissions from international aviation and shipping.

Climate Change Agreements (Eligible Facilities) Regulations 2012 SI 2999

Set out what is considered to be an eligible facility for the purpose of entering into a climate change agreement

Climate Change Agreements (Energy-intensive Installations) Regulations 2006 SI 59

Defines which energy-intensive installations are entitled to claim the reduced rate of climate change levy.

The Climate Change Levy (Combined Heat and Power Stations) (Amendment) Regulations 2013 SI 232

These regulations came into force on 1 April 2013, amending the Climate Change Levy (Combined Heat and Power Stations) Regulations 2005 (SI 2005/1714) providing some exemptions from the climate change levy.

Climate Change Levy (General) Regulations 2001 SI 838 as amended

Set outs who the climate change levy, which is charged on supplies of electricity, gas and solid fuel, applies to, what is taxable, who is exempt and procedures for registering, returns and tax credits.

Environmental Protection Act 1990

Defines, within England, Scotland and Wales, the legal framework for duty of care for waste, contaminated land and statutory nuisance.

EU Directive relating to aerosol dispensers 324/1975

Requires aerosol dispensers to be marked to confirm they satisfy the safety measures laid down in the Annex to the Directive.

EU Regulation 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) 842/2006

Repeals the previous Regulation (EC) 842/2006 and shall apply from the 1st January 2015. Aims to cut the EU’s F-gas emissions by two-thirds by 2030 compared with 2014 levels and to encourage the use of viable and more climate friendly alternatives.. It aims to achieve these objectives by further reducing emissions through extended containment provisions and encouraging the use of low global warming potential (GWP) alternatives through placing on the market bans and the phase down of HFCs.

EU Regulation on ozone depleting substances 1005/2009

Allows governments to impose new requirements on handling, use, import, export, recovery, recycling, reclaming, destruction and trading of listed substances. Sets out plan to phase out production, trade and use of HCFCs.

EU Regulation 744/2010 amending EU Regulation 1005/2009 on ozone depleting substances

Amends 1005/2009 by banning the use of halons in firefighting equipment except for military and aviation uses.

The Fluorinated Greenhouse Gases Regulations 2015 (SI 310)

These regulations implement the requirements of Regulation (EU) No 517/2014 of the European Parliament and revoke the Fluorinated Greenhouse Gas Regulations 2009. The regulations cover certification of equipment such as refrigeration and fire protection and f-gas based solvents. Creates offences and penalties for not complying with recovery of f-gases legislation, labelling, qualifications and certificates required to work with products or equipment containing them.

Greenhouse Gas Emissions Trading Scheme Regulations 2012 SI 3038

Provides a framework to allow greenhouse gas emissions permits to be bought and sold between businesses.

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

Makes several amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012, including where an installation is operated without a permit it allows the regulator to impose a penalty that is greater than the economic benefit of non-compliance.

Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009

Makes it an offence (for which you can be fined) for anyone servicing a vehicle air-conditioning system to refill it with fluorinated gases if there has been an abnormal leak of refrigerant and before repairs have been completed.

Notification of Cooling Towers and Evaporative Condensers Regulations 1992 SI 2225

Requires businesses to inform their local council before installing a cooling tower or evaporative condenser on their site.

Ozone-Depleting Substances Regulations 2015 SI 168

Replace and consolidate The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011(S.I. 2011/1543) and the Ozone-Depleting Substances (Qualifications) Regulations 2009 (S.I.2009/216). The regulations relate to the production, import, placing on the market of ozone depleting substances and the minimum qualifications for those working on recovery, recycling, reclamation or destruction of ODS.

Pollution Prevention and Control (Designation of Solvent Emissions Directive) (Scotland) Order 2003 SSI 600

Brings the Solvent Emissions Directive (dealing with the use of organic solvents causing emissions of volatile organic compounds) within the regulations set up by the Pollution Prevention and Control Act 1999 for legal implementation.

The Pollution Prevention and Control (Scotland) Amendment Regulations 2014 No. 267

These regulations amend the PPC regulations 2012 and transpose Directive 2012/27/EU (The energy efficiency directive). The new Schedule 1A applies to specified installations and requires a cost-benefit analysis to be carried out for the purposes of the Energy Efficiency Directive. There is also a requirement for new permits for solvent activities to include a requirement to inform SEPA of and incident or accident that could significantly affect the environment.

Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360)

Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. Covers the inclusion of best available techniques (BAT) and standard rules in permits.Replaces (revokes) previous PPC and Solvent Emissions legislation.

Renewables Obligation (Scotland) Order 2007 SSI 267

Establishes that Scottish electricity suppliers licenced under the Electricity Act 1989 must supply customers in Great Britain with a specified amount of electricity generated from renewable sources eg wind, water, biomass and solar power.

Renewable Transport Fuel Obligations Order 2007 SI 3072 as amended

Impose on transport fuel suppliers an obligation to ensure that a certain amount of all road vehicle fuel is from sustainable, renewable sources

Road Vehicles (Construction and Use) Regulations 1986 SI 1078 as amended

Lays down requirements to reduce the environmental impact of constructing, maintaining and using road vehicles, particularly smoke, vapour and gas emissions.

The Sulphur Content of Liquid Fuels (Scotland) Regulations 2014 No 258

Prohibits the use of heavy fuel oil with a sulphur content greater than 1% or the use of gas oil with a sulphur content greater than 0.1%. They revoke the 2007 Regulations.

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2005 SI 2773

Sets maximum levels of organic solvents that can be contained in paints, varnishes and vehicle refinishing products (such as cleaners, primers and fillers).

Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) Regulations 2010 SI 783

Amends 2005/2773 by amending the definition of 'coating ' (in the context of vehicle refinishing products) by substituting 'mixture' for 'preparation'.

Whats new on NetRegs

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    The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.

    https://www.daera-ni.gov.uk/publications/waste-duty-care-responsibilities

  • Please let us know your thoughts on our new website

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  • NEW guidance on Environmental Management Systems

    We have recently updated and improved our guidance on Environmental Management Systems (EMS). You can find the guidance via the Environmental Topics tab or alternatively select the following link Environmental Management Systems (EMS).

  • Consultation on proposed changes to the packaging recycling business targets

    See NI Future legislation or Scotland Future legislation for details of the Consultation

  • NetRegs SMEnvironment survey 2016

    NetRegs has carried out a survey of environmental awareness among SMEs. There are separate reports for Scotland and Northern Ireland.

  • NIEA Guidance - Greenfield Excavated Matrials in Construction

    NIEA and the CEF have developed a Regulatory Position to promote Sustainable re-use of natural excavated material from Greenfield sites.

    NIEA: Guidance on the Regulation of Greenfield Excavated Materials in Construction and Development

  • New GPP 2 Above Ground Oil Storage

    The replacements for the PPGs are being developed. Now available GPP 2 Above Ground Oil Storage

  • SEPA Consultation on an Intergated Authorisation Framework

    SEPA is asking for your views on the proposals for integrated authorisations.

    Consultation documents

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    NetRegs has been nominated for 3 ENDS Awards with the result being revealed on the 4th of May.

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    Knowledge development category winners, see the END Awards

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    Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA).

    Read more on the DAERA website

  • Download our NEW leaflet today: Duty of Care for waste

    NetRegs have produced a new leaflet for Scottish businesses explaining what you must do to comply with YOUR duty of care for waste.

    Duty of Care for waste (Scotland) leaflet (PDF - 775KB)

     

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