Foreword by Ken Livingstone, Mayor of London

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Part 1 of the EPA 1990 contains two methods of pollution control

a Integrated Pollution Control (IPC) - regulation of the larger polluting processes (Part A) by the Environment Agency

b Local Authority Integrated Pollution Prevention and Control (LA-IPPC) - Local authority regulation of industrial activities (Part A2), considers emissions to air, water (including discharge to sewers) and land

c Local Authority Pollution and Prevention Control (LAPPC) - regulation of smaller, less polluting processes (Part B)

d From 1 August 2000, regulation of processes has been transferred to the Pollution Prevention and Control (England and Wales) Regulations 2000. Certain activities relevant to construction sites are regulated as Part B processes and have their own process guidance (PG) and/or additional guidance notes, including:

- Mobile Crushing and Screening Processes- PG 3/16 (04)- revised draft 2001

- Quarry Processes (Aggregates)- PG 3/8 (96) - revised draft 2001

- Blending, Packing, Loading and use of Bulk Cement- PG 3/1 (04)

- Asbestos- PG 3/13 (95) and AQ 3(96)

- Plaster Processes- PG 3/12 (95) - revised draft 2001

- Lime Processes - PG 3/14 (95) - revised draft 2001

- Cement Processes - AQ14 (92)

- Mobile Plant AQ 9(92)

Part II makes provisions relating to the management of waste duty of care for its proper disposal, for example Part 2 33(c) states that a person shall not treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Part III of the Act allows local authorities to take action to abate statutory nuisances such as dust, steam, smell, fumes from construction site that is deemed prejudicial to health or a nuisance. Dark smoke emissions are dealt with separately under the Clean Air Act 1993.

Greater London Authority Act 1999

This Act set up the Greater London Authority and functional bodies (Transport for London, Metropolitan Police Authority, London Fire and Emergency Planning Authority and the London Development Agency). The GLA is a unique form of strategic citywide government. It is made up of a directly elected Mayor and a separately elected Assembly. The Mayor has an executive role, making decisions on behalf of the GLA. The Mayor has published his statutory strategies on transport, spatial development, economic development and the environment. They contain policies to improve London’s economy, infrastructure and environment and the most relevant to this Best Practice Guidance are the London Plan, Mayor’s Transport Strategy and Mayor’s Air Quality Strategy.

Environment Act 1995 and Air Quality Regulations 2000

The Air Quality Strategy set standards and objectives for air pollutants under Part IV of the Environment Act 1995. Local authorities have a responsibility to carry out a process of Local Air Quality Management and work towards objectives set for seven pollutants in the Air Quality Regulations. Of these, the most relevant for construction sites is PM10, for which a short term (24 hour) and long term (annual average) objective have been set.

Clean Air Act 1993

Under the Clean Air Act 1993, the burning of infected timber and waste is exempt in cases where transportation may have cross-infected wooden backed vehicles. However, emitting dark smoke from bonfires is an offence under this act.

Building Act 1984

Applies to demolition of buildings and requires prior notification to the local authority and production of a method statement before work begins. Sections 80-82 concern procedures to be carried out by the person who intends to undertake demolition. Under Section 80, the developer must notify Building Control at least 6 weeks before work begins. Demolition may commence after 6 weeks has elapsed from the submission of the notification or after the local authority has issued a counter notice, which will require certain tasks to be carried out.

Health and Safety at Work Act 1974

The purpose of this act is to secure the health, safety and welfare of persons at work and to protect against risk to other persons from these activities. Under this act the Health and Safety Executive (HSE) issue sets of guidance notes, the most relevant to construction activities include:

• Working with asbestos cement and board- HSG189/1, HSG 189/2

• Dust: general principles of protection-EH44

• Respirable crystalline silica-EH59

• Man-made mineral fibres-EH46

• Ventilation of the workplace-EH22

• Assessment of exposure to fumes from welding and allied processes-EH54

• The control of exposure to fumes from welding, brazing and similar processes-EH55

• Occupational Exposure Limits-EH40

- Asbestos: exposure limits and measurements of airborne dust concentrations -EH10

• Asbestos 1988-HS13

• BS 6187:1982 Code of Practice for Demolition.

The following regulations and guidance are also important to consider when dealing with dust and emissions from construction sites:

Control of Substances Hazardous to Health Regulations (COSHH) 2002

These regulations apply to all “very toxic, toxic, harmful, corrosive or irritant” substances. This includes dust of any kind when present in the air. These regulations mean employers must protect their employees. This includes a requirement to comply with exposure limits in the HSE publication EH40, which is published annually (see Table 1 and 2 that relate to materials from construction).

Control of Asbestos in the Air Regulations 1990

All scheduled asbestos works that involve the “use of asbestos” must meet an emission limit to the air of 0.1mg/m3. These regulations require asbestos to be monitored at intervals of not less than 6 months.

Control of Asbestos at Work Regulations 2002

This regulation covers occupational exposure to asbestos by imposing duties on employers to protect employees who may be exposed to asbestos. HSE Guidance note EH10 provides exposure limits and information of the measurement of airborne dust concentrations.

Control of Lead at Work Regulations 2002

This regulation replaces the 1998 regulations and requires employers to assess risks from exposure to lead in the workplace and to take steps to prevent or reduce exposure.

The Control of Pollution (Special Waste) Regulations 1980 (amended 1988)

These regulations define a system to trace special or special waste from the point of origin to final disposal, including transfer, subdivision, and any other change.

Construction (Design and Management) Regulations 1994

These regulations are relevant to all stages and activities of construction and demolition work as they aim to improve the management and co-ordination of all health, safety and welfare aspects throughout construction projects to reduce the number of accidents.

Waste Management Licensing Regulations (WMLR) 1994. Schedule 3 and Special Waste Regulations 1996.

Procedures to manage contaminated and un-contaminated waste and deal with waste licenses.

The Non-Road Mobile Machinery (Emissions of Gaseous and Particulate Pollutants) Regulations 1999 and Amendment Regulations 2005

Transposes stringent requirements to reduce emissions from diesel engines of non-road mobile machinery in EU directives 97/68/EC, 2002/99/EC and 2004/26/EC. These regulations tighten the emission standards in two stages - Stage IIIA from 2006-8 and Stage IIIB from 2011-12 to reduce NOX, HC and particulate emissions.

2 Planning Guidance

The London Plan

The Mayor is responsible for strategic planning in London. He has a wide range of duties and powers. The government has set out guidance and advice on the Mayor’s planning duties and powers. His duties include producing a Spatial Development Strategy for London - called the London Plan - and keeping it under review. The London Plan replaces existing strategic guidance, it forms the development plan for each borough together with the borough’s development plan documents, which themselves must be in “general conformity” with the London Plan.

The Greater London Authority (GLA) Act 1999 requires that the London Plan deals only with matters that are of strategic importance to Greater London. The required content of the London Plan is set out in a government guidance note (Circular 1/2000). The GLA Act also requires that the London Plan takes account of three crosscutting themes:

• The health of Londoners.

• Equality of opportunity.

• Its contribution to sustainable development in the UK.

The London Plan provides the framework for the Mayor to produce more detailed strategic guidance on issues which cannot be addressed in sufficient detail in the plan. To provide detailed advice on its policies, Supplementary Planning Guidance (SPG) and Best Practice Guidance (BPG) documents have been produced.

Supplementary Planning Guidance
Sustainable design and construction

This SPG has been produced to provide additional information to support the implementation of the London Plan - Policy 4B.6 relates to sustainable design and construction and sets the context for this SPG. This document cannot set new policy but it can be taken into account as a further material consideration so has weight as a formal supplement to the London Plan. The SPG is applicable to all building types and associated spaces, with specific information on different building types provided where relevant.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

For major developments over certain thresholds (Schedule I and II applications), the developer must submit an environmental impact assessment (EIA) to the local authority before planning consent is granted. The EIA sets out the likely impacts on the environment of the proposed development (from all stages including demolition and construction) and must include measures to mitigate any significant negative effects.

Planning and Policy Statement 23 (PPS23):
Planning and Pollution Control

This guidance sets out the government’s core policies on pollution control (air and water quality and contaminated land) with respect to land-use planning. PPS23 advises that air quality impacts arising from a development is capable of being a material planning consideration. Annex 1 Section 1.50 sets out cases where it is necessary to use planning conditions to control pollution, such as for construction and demolition phases or the need for planning agreements in situations where planning conditions are inappropriate.

NSCA guidance 2006:
Development Control: Planning for Air Quality

This new guidance provides a framework for air quality considerations to be included in the development control process and provides a new approach to addressing air quality impacts. The document aims to improve communication between developers, planners and environmental health officers.

London Council’s Guidance

This guidance provides robust technical advice for developers (their consultants) and local authority air quality officers, on how to assess planning applications that could have an impact on air quality. The procedures aim to provide a consistent approach for dealing with air quality and planning in London.

3 Other guidance

Model Procedures for the Management of Land Contamination (CLR 11)

The Environment Agency developed the model to provide the technical framework for applying a risk management process when dealing with land affected by contamination. The process involves identifying, making decisions on, and taking appropriate action to deal with land contamination in a way that is consistent with government policies and legislation within the UK.

Pollution Prevention Guidance notes (PPGs)

The Environment Agency, Scottish Environment Protection Agency (SEPA) and the Environment and Heritage Service in Northern Ireland have produced of a range of Pollution Prevention Guidance notes (PPGs), which are targeted at a particular industrial sector or activity and gives advice on the law and good environmental practice. They include advice on oil and fuel storage, preventing pollution of water courses and managing fire water and major spillages.

These PPGs are available from either of the agencies as hard copies or directly from their websites.

Appendix 4 Standards and guidelines

UK Air quality objectives in the National Air Quality Strategy

Table 1 Air Quality Strategy Objectives in Air Quality Regulations

Pollutant Air quality objective Concentration Date
measured as

Fine particles (PM10) No more than 35 days Daily mean 31 Dec 04
above 50 µg/m3
40 µg/m3 Annual mean 31 Dec 04 No more than 10 days Daily mean 31 Dec 10*
above 50 µg/m3
23 µg/m3 Annual mean 31 Dec 10*

Nitrogen dioxide No more than 18 hours Hourly mean 31 Dec 05
above 200 µg/m3
40 µg/m3 Annual mean 31 Dec 05

Sulphur dioxide No more than 24 hours Hourly mean 31 Dec 04
above 350 µg/m3
No more than 3 days Daily mean 31 Dec 04
above 125 µg/m3
No more than 35 times 15 minute mean 31 Dec 05
above 266 µg/m3

Carbon monoxide Maximum 10 mg/m3 Running 8 hour mean 31 Dec 03

Benzene 5 µg/m3 Annual mean 31 Dec 10

1,3 butadiene 2.25 µg/m3 Running annual mean 31 Dec 03

Lead 0.5 µg/m3 Annual mean 31 Dec 04
0.25 µg/m3 31 Dec 08

*Not prescribed in regulations

Occupational health standards29:

Table 2 Maximum Exposure Limits (MEL) used to enforce the Health
and Safety at Work Act 1974 - substances that may cause most serious health effects for which “no adverse effect level” can
be determined

Material Long term MEL (8h TWA) mg/m3

Hardwood dust 5

Softwood dust 5

Silica (Respirable crystalline) 0.3

Man-made mineral fibre 5

Table 3 Occupational Exposure Limits (OEL) - set at levels where there is no indication of risk to health of workers

Material Fraction Long term OEL (8h TWA) mg/m3

Calcium carbonate Inhalable 10
Respirable 4

Calcium silicate Inhalable 10
Respirable 4

Coal dust Respirable 2

Emery Inhalable 10
Respirable 4

Gypsum Inhalable 10
Respirable 4

Limestone Inhalable 10
Respirable 4

Marble Inhalable 10
Respirable 4

Mica Inhalable 10
Respirable 4

Plaster of Paris Inhalable 10
Respirable 4

Portland Cement Inhalable 10 Respirable 4

Ground granulated blast furnace slag Inhalable 10 Respirable 4

Pulverised Fuel Ash Inhalable 10 Respirable 4

Silica (amporphous) Inhalable 6 Respirable 2.4

Silica (fused) Respirable 0.08

Silicon carbide Inhalable 10
Respirable 4

Appendix 5: Air quality monitoring techniques

There are a wide range of sampling and detection methods available. Some of the main techniques are indicated below:

1 Automatic real-time point analyser methods

Provide high-resolution measurements (typically hourly or shorter time periods). In order to ensure that data is accurate and reliable, there needs to be a high standard of maintenance, calibration and QA/QC procedures in place. These types of monitors can measure different particulate fractions such as PM
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