January 2019 Edition

ChemRegs Newsletter – January 2019

New Guidance for Pollution Prevention published

As you may (or may not) be aware, the Environment Agency (EA) no longer provides ‘good practice’ guidance and has removed this from its guidance documents. This came about as a result of Defra’s Smarter Environmental Regulation review (as part of the Red Tape Challenge) and meant that the Pollution Prevention Guidelines (PPG) series were withdrawn from use and archived. The Environment Agency now provides more specific regulatory-only guidance, which is available on the gov.uk website.

Pollution Prevention Guidelines (PPGs) were a series of documents providing good practice guidance to avoid pollution in different types of activities, and also including associated regulatory requirements. The PPGs were produced by the Environment Agency (EA) for England and Wales, the Northern Ireland Environment Agency (NIEA) for Northern Ireland, and the Scottish Environment Protection Agency (SEPA) for Scotland. The Environment Agency led the process and wrote and administered the PPGs, with the remaining agencies and other external organisations providing feedback.

The PPGs were very popular and although these are no longer used by the Environment Agency, the other environmental agencies were of the opinion that it would be beneficial to continue to provide environmental good practice guidance on business activities. Therefore the PPGs were still made available on the NetRegs website. NetRegs is a partnership between the Northern Ireland Environment Agency and Scottish Environment Protection Agency, that provides free environmental guidance for small and medium-sized businesses throughout Northern Ireland and Scotland.

A review plan for the PPGs is currently underway, directly replacing them with a new guidance series, Guidance for Pollution Prevention (GPPs). The Scottish Environment Protection Agency are conducting the review and rebranding of PPGs to GPPs, in conjunction with Natural Resources Wales and the Northern Ireland Environment Agency. External bodies have also provided input, where relevant to the activities covered by the GPPs.

GPPs will provide environmental good practice guidance for the whole of the UK, and environmental regulatory guidance directly to Northern Ireland, Scotland and Wales only. However, these guidelines are not endorsed by the Environment Agency for use in England. For businesses in England, regulatory guidance is available from gov.uk instead.

Where a GPP has not yet been published as a replacement for a particular PPG in the series, the PPG can still be used as a source of information on good practice, but references to environmental legal obligations are out of date.

The latest GPP to be published is GPP 22: Dealing with spills. This guidance is for anyone who is responsible for storing and transporting materials that could cause pollution if they spill. It may also be useful for those who respond to spills, or those responsible for transporting or storing waste from spills.

It is a very useful planning aid and gives good quality guidance on the following points:

  • Pollution Prevention Planning
  • Pollution incident response plan
  • What to do in the event of a spill
  • Pollution control options and equipment
  • Site specific pollution control options
  • Spills on a road or highway
  • Spill Clean up
  • Spill review and lessons learnt

GP22 also has a very useful example risk assessment that can be adapted for use by businesses.

The GPPs are published on the NetRegs website. PPGs that have not yet been replaced are also located here.

The full list to date is:

PPG 1: Understanding your environmental responsibilities – good environmental practices
A basic introduction to pollution prevention, with signposts to other PPGs and publications. (July 2013)

NEW GPP 2: Above ground oil storage tanks
For above ground oil storage, excluding oil refineries and distribution depots. (January 2018)

PPG 3: Use and design of oil separators in surface water drainage systems
For identifying where an oil separator is required and, if so, what size and type of separator is appropriate. (April 2006)

NEW GPP 4: Treatment and disposal of wastewater where there is no connection to the public foul sewer
For selecting the correct sewage disposal, treatment and disposal options, and maintenance and legal requirements. Also, for what to have in mind, in terms of wastewater treatment, when buying a house. (November 2017)

NEW GPP 5: Works and maintenance in or near water
For construction or maintenance works near, in, or over water. (January 2017)

PPG 6: Working at construction and demolition sites
For the construction and demolition industry. (2012)

PPG 7: Safe storage – The safe operation of refuelling facilities
For operators of liquid fuel refuelling facilities; it applies to all types of fixed refuelling facilities. (July 2011)
In Scotland, see also SEPA: ‘Underground storage tanks for liquid hydrocarbons: code of practice for the owners and operators of underground storage tanks (and pipelines)’

NEW GPP 8: Safe storage and disposal of used oils
For storing and disposing of used oils. Applies to activities ranging from a single engine oil change to those of large industrial users. (July 2017)

PPG 9: Prevention of Pollution by Pesticides (February 2000) withdrawn. Consult instead:
– in Northern Ireland, the NIEA Code of Practice for using Plant Protection Products
– in Scotland, the Code of Practice for Using Plant Protection Products in Scotland

PPG 10: Highway depots (this guidance was withdrawn)
For highway maintenance depot activities including road de-icing, fuel storage, site drainage and waste management. (March 1999)

PPG 12 (Sheep dipping) has been withdrawn. For guidance on preventing pollution from sheep dipping, consult:
– in Northern Ireland, Section 7 (Sheep dip) of the DAERA: Code of Good Agricultural Practice for the Prevention of Pollution of Water
– in Scotland, the SEPA Sheep Dipping Code of Practice for Scottish Farmers, Crofters and Contractors

NEW  GPP 13 Vehicle washing and cleaning (April 2017)
For washing and cleaning any vehicle using automatic wash systems, high pressure or steam cleaners and washing by hand.

PPG 14: Marinas and crafts (this guidance was withdrawn)
For using waterways, estuaries and coastal waters, particularly users/owners of powered boats and boating facilities. (March 2004) For guidance on reducing pollution and the environmental impacts from marinas and craft: The Green Blue Toolkit

PPG 17: Dairies and other milk handling operations (this guidance was withdrawn)
For designing and operating dairies and other milk and milk product handling operations. (March 2001),
For guidance on preventing pollution from dairies and other milk handling operations, please see the NetRegs’ guidance on waste management and what causes water pollution.

PPG 18: Managing fire water and major spillages
For identifying equipment and techniques available to prevent damage to the water environment caused by fires and major spillages. (June 2000)

NEW GPP 19: Vehicles: Service and Repair 
For work in garages and vehicle service centres. (June 2017)

NEW GPP 20: Dewatering underground ducts and chambers
For dewatering underground ducts and inspection chambers. (January 2018)

NEW GPP 21: Pollution incident response planning
For producing emergency pollution incident response plans to deal with accidents, spillages and fires. (July 2017)

NEW GPP 22: Dealing with spills
For anyone who is responsible for storing and transporting materials that could cause pollution if they spill. (October 2018)

PPG 23 Maintenance of structures replaced by GPP 5, Works and maintenance in or near water.

NEW GPP 24: Stables, kennels, catteries 
For managing and operating stables, kennels and catteries. January 2017

PPG 25 Hospitals and health care establishments (this guidance was withdrawn)
For managing and maintaining hospitals and healthcare establishments. (June 2002)

PPG 26 Safe storage – drums and intermediate bulk containers
For site operators of industrial and commercial premises storing and handling drums and intermediate bulk containers (IBCs) containing oil, chemicals or potentially polluting substances. (March 2011)

PPG 27 Installation, decommissioning and removal of underground storage tanks
For installing, removing and decommissioning all underground storage tanks (USTs), including those containing petroleum, diesel, fuel oil, aviation fuel, waste oil, domestic heating oil and other potentially polluting materials such as organic solvents. (April 2002)

PPG 28 Controlled burn
For using controlled burns as part of a fire fighting strategy to prevent or reduce damage to the environment. (July 2007)

Other News

DANGEROUS GOODS EMERGENCY ACTION CODE (EAC) 2019

The Dangerous Goods Emergency Action Code List 2019 (EAC 2019) has again been produced by the NCEC (National Chemical Emergency Centre) with the co-operation of the Home Office and is published by the Stationary Office (TSO).

The EAC List 2019 supersedes the 2017 list and is effective immediately in connection with the use of ADR/RID 2019 and is mandatory from 1st July 2019, which means EAC 2017 should no longer be used from that date.

Duty holders are required to use the EAC 2019 for the application of the appropriate Emergency Action Codes for tanks or bulk loads in Great Britain (GB) under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) (as amended), and in Northern Ireland (NI) under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 (CDG 2010) (as amended).

Emergency Action Codes, also known as Hazchem Codes, are designed for use by the emergency services in the UK to indicate actions that may be necessary during an incident involving dangerous goods. They are displayed above the UN Number of the product on the orange Hazard Warning Panel.

Different requirements apply to UK domestic journeys and international journeys. CDG 2009/CDG 2010 implement national derogations that requires UK registered vehicles on UK domestic journeys to be marked with the EAC Code and to include a telephone number for advice in the event of an emergency. Vehicles with tanks or bulk loads on international journeys carry the HIN (hazard identification number – sometimes called the Kemler code) and are not required to display a telephone number.

There have not been any radical changes to the EAC 2019, but changes include:

  • New entries for the new UN numbers (UN 3535-3548);
  • Updated EACs for
    UN3090 Lithium Metal Batteries (Including Lithium Alloy Batteries)
    UN3091 Lithium Metal Batteries Contained In Equipment or Lithium Metal Batteries Packed With Equipment UN3480 Lithium Ion Batteries(Including Lithium Ion Polymer Batteries)
    UN3481 Lithium Ion Batteries Contained In Equipment or Lithium Ion Batteries Packed With Equipment (Including Lithium Ion Polymer Batteries);
  • Name Change for UN3302 2-Dimethylaminoethyl Acrylate, Stabilized

EAC 2019 can be bought as a hard copy from TSO or downloaded for free at the NCEC website.

HSE ISSUES REMINDER ON ‘EU EXIT: GUIDANCE FOR BUSINESSES THAT USE CHEMICALS’

The HSE is issuing a reminder of the actions business may need to take if the UK leaves the EU without a deal. This covers guidance on the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH), the Classification Labelling and Packaging (CLP) Regulation, the Biocidal Products Regulation (BPR) and Prior Informed Consent (PIC) Regulation.

If the UK leaves the EU on 29 March without a deal, UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), will replace EU REACH. This will mean the UK will continue to be able to monitor and evaluate chemicals in the UK to reduce the risk posed to human health and the environment. To understand the actions your business may need to take, visit the website here.

The following additional guidance has been updated and published:

For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk

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