This year saw the publication of Directive 2010/31/EC, on the energy performance of buildings, which further reduces energy consumption in the building sector by extending and replacing the provisions in Directive 2002/91/EC. This coincides with the Building Regulations SI 2010/2214 in England and Wales, which revoke and consolidate the previous Building Regulations SI 2000/2531, and its amendments, in order to ensure the health, safety, welfare and convenience of people in and around buildings, as well as their water and energy efficiency.
The Regulations also set out the procedures for the control of building work by local authorities. A similar building control system for regulating the private sector is established by the Building (Approved Inspectors etc) Regulations SI 2010/2215.
Significantly, the following new air quality standards legislation came into force across the UK, which require the designation of zones in which ambient air will be protected by placing limit values, target values and long-term objectives on the concentrations of pollutants within them:
These Regulations enable the provisions of Directive 2008/50/EC, on ambient air quality and cleaner air, to be fully implemented.
In addition, we have also seen the introduction of the Storage of Carbon Dioxide (Licensing etc.) Regulations SI 2010/2221, which form part of the UK's implementation of Directive 2009/31/EC, on geologically storing carbon dioxide. They bring into force the provisions contained in the Energy Act 2008, which establishes a licensing regime for storing carbon dioxide, as well as prohibiting the storage of carbon dioxide except in accordance with a licence.
Carbon Reduction Commitment
This year saw the development of the Carbon Reduction Commitment (CRC), the energy efficiency compliance scheme designed to promote such efficiency, reduce carbon emissions and help businesses save money by reducing their energy bills. It targets emissions that are not already covered by climate change agreements or the EU ETS, and mainly applies to large and public sector organisations, such as supermarkets, banks and local authorities. Sole traders and individuals (small emitters) are excluded.
Large energy using organisations that consumed at least 6,000 MWh of electricity through their half-hourly meters during 2008 must report on their emissions, monitor their energy consumption and purchase allowances from the Government at £12 per tonne of carbon dioxide they emit. They will appear in an annual performance league table, ranked on the energy cuts they make. If an organisation has a half-hourly electricity meter but consumed less than 6,000 MWh, they only need to register a simple information disclosure.
The CRC began in April 2010 and is divided into phases. The first phase runs for three years, with subsequent phases lasting seven years.
The scheme courted controversy in November, just a month after the deadline for company registration, when the Government set out their spending review. The intention was that the mandatory emission trading scheme would be revenue neutral, with permit money recycled back to participants. The best performers would receive more money back than they had originally paid for the permits, with the worst getting back less than they spent. However, the Government will now keep the money from permit sales, effectively turning the scheme into a carbon tax.
Environmental permitting
In April, the second phase of environmental permitting came into force. The Environmental Permitting (England and Wales) Regulations SI 2010/675 further enabled businesses and regulators to move towards a one permit, one regulator, one site regime.
They extended the existing environmental permitting and compliance system in England and Wales by integrating existing regimes covering water discharge consents, groundwater authorisations, radioactive substances authorisations and the outcomes of the Waste Exemptions Order Review. They also incorporated previous amendments which transposed provisions relating to mining waste and waste batteries and accumulators into the single permitting system, which already covers pollution prevention and control and waste management licensing.
New for 2011?
It looks like being another busy year in 2011. Some important issues and legislative changes to look out for include:
Bulletins
We hope you've found the bulletins useful and informative over the past year and enjoyed the slightly obscure headlines. In case you have forgotten some of their "finer" moments, here are a few of our favourites! How many low-budget film titles and ‘70's classic rock references did you spot...?
"Blinded by the light"
"Sherwood Forest fly-tipper is not a merry man"
"Firm fined for four kiln hell"
"Chef should Knorr better"
"Kill billed as a success"
"Can can emissions in Cancun"
"Last quango embarrassed"
"Facebook slammed. Cedrec and 5 others like this"
