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New Environmental LegislationAffecting Textile-industryManufacturingJ. A. Simpson a , J. Binkley a & P. H. McMahon aa Bolton Environmental Technology Initiative, BoltonInstitute, Faculty of Technology , Bolton, Lancs, UKPublished online: 30 Mar 2009.

To cite this article: J. A. Simpson , J. Binkley & P. H. McMahon (2000) New EnvironmentalLegislation Affecting Textile-industry Manufacturing, The Journal of The Textile Institute,91:1, 65-72, DOI: 10.1080/00405000008659528

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New Environmental Legislation AffectingTextile-industry ManufacturingJ.A. Simpson, J. Binkley, and P.H. McMahon

Bolton Environmental Technology Initiative, Faculty of Technology,Bolton Institute, Bolton, Lanes, UK

Received 24.8.1999. Accepted for publication 18.2.2000.

The effect upon the textile industry of recent EU legislation and of that soon to be introducedinto UK law is examined. The new European Directives are hriefly reviewed to provide anindication of the likely requirements for industry of future UK legislation. The generalrequirements upon industry are commented on, with suggestions for methods of compliance.

The textile industry covers many diverse practices, and as such much of the content of thispaper is relevant for general manufacturing industry. The subject of endocrine-disruptingsubstances is still contentious and hence is not covered in any depth.

1. INTRODUCTION

The textile industry, despite recent reports in the press, is a major manufacturing industry inthe UK and will continue to be so for the foreseeable future. Intemational concem overenvironmental issues such as global wanning and the expanding population (UN, 1999) hasled to intemational targets to limit pollution and the use of resources (Anon., 1999a). TheEuropean Union, as a signatory to intemational agreements, has formulated environmentalpolicy (EU, 1999a) to ensure that member states meet agreed limits. The directives issuedby the European Council of Ministers state objectives and practices that the govemments ofmember states must incorporate into their national legislation. Certain sections of the textileindustry, wet processing in particular, engage in practices that may have a significantenvironmental impact. Consequently, the industry will be affected by legislation intendedto reduce environmental degradation, by the imposition of discharge limits, or by the use offinancial instmments, such as the 'polluter pays' principle, i.e. environmental taxation.

Currently, there is concem over the release of anthropogenic endocrine-dismptingsubstances, as well as colour, into the environment. The results of research into these arecontested, and future legislation in the form of Environmental Quahty Standards (EQSs) fordischarge limits is still to be defined in many cases. The wet-processing sector is aware ofthe issues involved; for those wishing to obtain further information, a consultative reporthas been issued by the Environment Agency (EA, 1999c).

2. NEW UK LEGISLATION

2.1 Landfill TaxApril, 1999, saw the introduction of several important legislative measures contained in theEnvironment Act, 1995 (DoE, 1995). Notably, the Landfill Tax was raised to £10/tonne forprescribed wastes, with an additional £l/tonne increase every year for the next five years.

2.2 Groundwater Regulations, 1998The Groundwater Regulations, 1998 (DETR, 1998), saw the full implementation into UKlaw of the EU Groundwater Protection Directive (80/68/EEC) (EEC, 1980), with the

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introduction of powers to protect groundwater in England and Wales. Anyone disposing oflisted substances (List I and II) controlled by 76/464/EEC (EEC, 1976) and daughterdirectives, including pesticides and heavy metals, to land should have applied for authorisationbefore 31 March, 1999. In addition to the issuing of formal authorisations to controldischarges, the Environment Agency will recommend codes of practice for processes, otherthan disposal, that may result in the release of listed substances (EA, 1999a). The EnvironmentAgency may also issue 'Works Notices' where a pollution threat is identified (EA, 1999^).The provision of the Works Notice for the protection of groundwater brings the Agency'spowers in line with those applying to discharge to surface waters. The Works Notice nowenables the Environment Agency to demand action where the threat of pollution has beenidentified. Previously, this would have had to be done by negotiation, since action couldonly be taken where a pollution incident had actually occurred.

2.3 Water-pollution-prevention Powers

The Environment Agency gained powers on 29 April, 1999, under SI 1999 No. 1006 (DETR,1999), to serve notices on potential polluters in order to prevent water pollution. Previously,the Agency had the power to carry out remedial works where it believed that water wasunder threat of pollution under Section 161 ofthe Water Resources Act, 1991 (DoE, 1991).The cost ofthe works could be recovered from the party responsible, but, owing to legal andpractical difficulties, this provision has never been used (Anon., 1999fc).

After reasonable attempts to consult the polluter and carry out a risk assessment, theEnvironment Agency now has the power to serve a Works Notice on polluters and prospectivepolluters. The Works Notice may be served in order to: (i) prevent the entry of pollutingmatter into controlled waters; (ii) require the disposal or removal of polluting matter fromcontrolled waters, or mitigate the effects of such pollution; and (iii) restore controlled watersto a state similar to that before the entry of the pollutant. The powers were provided by theinsertion of Section 161A into the Water Resources Act, 1991, by the Environment Act, 1995.

It is worth noting that, whereas a Works Notice cannot be served whereby it would 'impedeor prevent' a discharge under consent to discharge to river, it can, however, be served uponsuch a discharge to require the restoration of the controlled water and associated biota.Once the pollutant source is traced and the polluter is informed, the cost ofthe investigationto determine the source of the polluting matter can be charged to the polluter by theEnvironment Agency. Failure to comply with a Works Notice can lead to a maximum £20 000fine and six months' imprisonment by a Magistrate's Court, or an unlimited fine and twoyears' imprisonment by the Crown Court.

2.4 Contaminated-land Clean-up Provisions

The contaminated-land clean-up provisions were legislated for in the Environment Act,1995, and were brought into force in England on 1 April, 1999 (SI 2000 227). This legislationhas been subjected to five rounds of consultation over the last four years, and its introductionwas put back four times during 1999.

The definition of contaminated land requires that the contamination is causing significantharm, or that there is a possibility of significant harm being caused, and it is the localauthority that judges whether this condition exists. Where there is a threat to controlledwaters, the regulations are much stricter in that pollution, or the possibility of pollution,requires remedial action. Historic pollution of controlled waters from contaminated land iscovered by the Water Resources Act, 1991 (See section 2.3). Because of financialconsiderations, it is likely that only the most highly contaminated sites will be affected.

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unless pollution of controlled waters or sensitive groundwater is demonstrated. The liabilityfor the cleaning up of contaminated land sites lies with the people who are responsible forcausing, or knowingly permitting, contamination of the site (Joy, 1998). These are designatedas 'Class A' persons. Where some of the 'Class A' persons identified as responsible havenot been located by the Environment Agency, then the liability for cleaning up for the missingparty falls upon 'Class B' persons. 'Class B' persons are designated as the current owner-occupiers of the contaminated sites. 'Class A' persons are liable to pay compensation toinnocent third parties whose land must be accessed in order to carry out remedial work.Where a site is designated as contaminated, it will be entered in a public register.

2.5 Pollution Prevention and Control

The Pollution Prevention and Control Act, 1999, implements the Integrated PollutionPrevention and Control (IPPC) Directive (96/61/EC) (EU, 1996). This receivedimplementatioh into UK law in 1999. The Act repealed Part I of the Environmental ProtectionAct and replaced it with a single control regime (DETR, 1999fc). The Act legislates foractivities covered by the European IPPC Directive and also those installations that falloutside the directive, which are currently covered by Integrated Pollution Control (IPC) andthe Local Authority Pollution Control (LAPC) rules. The Pollution Prevention and ControlAct requires the licensed processes to be covered by the Best Available Techniques (BAT),replacing the current Best Available Techniques Not Entailing Excessive Costs (B ATNEEC)requirement covering IPC- and LAPC-regulated processes.

In Scotland, the sole regulator is the Scottish Environmental Protection Agency (SEPA).In the UK, Part A(I) installations (those burning any fuel in a combustion plant with a ratedthermal input of 50 megawatts or more) and Part A(II) installations (those with a ratedthermal input of 3-50 megawatts burning waste oil, recovered oil, or any fuel manufacturedfrom or consisting of waste) are regulated by the Environment Agency. Part B installations,currently those under LAPC rules, will continue to be regulated by the local authorities,with the Environment Agency acting in an advisory capacity. For Part B installations, whichare not subject to the European Union IPPC Directive regulations, only the equivalent ofthe current LAPC rules will apply.

The EU IPPC Directive requires the regulation of 'activities which are capable of causingany environmental pollution' for the specified installations. Hence not only will specifieddischarges to atmosphere be considered, but limitations may also be apphed to water, noise,and odour pollution, operator competence, and the requirement for site restoration (Anon.,1999c). The government will issue statutory guidance notes for each sector based upon ECBREF notes. The regulators may impose stricter standards than those in the guidelines whereenvironmental conditions require it.

The issuing of an Enforcement Notice, where an installation has contravened or is likelyto contravene a licence condition, can be enforced by the regulator using the PollutionPrevention and Control conditions of the licence. A Prohibition Notice may be issued wherethe installation is operating in a manner involving an imminent risk of serious pollution, orthere can be direct intervention by the regulator; where necessary, steps need to be taken toavoid an accident or environmental pollution. The cost of direct intervention is recoverablefrom the licence holder.

2.6 The Packaging RegulationsThe EC Directive on Packaging and Packaging Waste (94/62 EC) (EU, 1994) wasincorporated into UK law under the Producer Responsibility Obligations (Packaging Waste)

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Regulations, 1997 (DETR, 1997). Recent estimates place the amount of packaging wastesent to landfill at 8 million tonne. Under the EC Directive, at least 50% of the UK's packagingwaste must be recycled or otherwise reutilised by 2001 (Anon, 1998).

Initial registration of eligible companies was required by 31 August, 1997. Companiesinvolved with one or more of the following are required to register under the ProducerResponsibility Obligations (Packaging Waste) Regulations 1997 (DETR, 1999c):

(i) manufacture of raw materials for packaging;(ii) conversion of raw materials into packaging;(iii) packing or filling packaging;(iv) selling packaging or packaged products to the end-user;(v) having an annual turnover of £5 million pounds or more (subsidiary companies are

counted as part of the whole group for this purpose; from 2000, eligibility is aminimum turnover of £1 million);

(vi) owning or handling more than 50 tonne of packaging or packaging materials perannum (around 200 kg/day; this does not include materials exported outside theEuropean Union).

Obligated companies must register with the Environment Agency. They are legally boundto recycle a certain tonnage of packaging waste. Details of the calculations required areavailable from the DTI. At the beginning of each year, obligated companies are required tosubmit a 'Certificate of Compliance', which is a letter stating that the obligations have beenmet for recycling packaging waste for the previous year.

Companies have three routes available to them to achieve compliance with the regulations.They may register their own business individually, incurring a current registration fee of£750. They may join a compliance scheme, which then takes over the legal responsibilitiesof recycling the companies' waste quota, or they may set up their own compliance scheme.With the large increase in obligated companies at the turn of the millennium, the numberand size of existing compliance schemes are expected to increase.

2.7 Expected Measures that have not Materialised

Measures expected to be introduced by the government include the Control of PollutionAct, 1974, which provides powers for government to set the design standards for oil stores.Contamination by oil is now the second-largest cause of UK incidents of water pollution.The Environment Agency could now enforce changes to oil-storage equipment on site throughthe new, previously discussed, 'Works Notices'. A consultation paper was issued in 1997,and further action is expected.

Although initially keen, the government has dropped plans to impose charges on hardCOD (used as a measure of organic content), which passes untreated through a municipaltreatment works. The only current economic instrument that is likely to reach the statutebooks is the Pesticide Tax (Anon., 1999^.

3. EUROPEAN UNION DIRECTIVES

3.1 Status of EU Directives

The UK legislation is subservient to EU Directives; there is a requirement for new Directivesfrom the European Union to be incorporated into British Law. Under its fifth-frameworkagreement, it is the current policy of the European Union to integrate the environment intoall its policies. Current emphasis is being placed on environmental taxation (the 'polluterpays' principle).

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3.2 Eco-labelThe European Council Regulation of March, 1992, for a Community Eco Label Awardsscheme (880/92/EEC) (EEC, 1992) set up the framework for a Europe-wide voluntary awardsscheme. The Eco-label scheme was intended to promote products 'which have a reducedenvironmental impact throughout their entire lifecycle'. The award is symbohsed by a 'Daisy',which identifies products that satisfy the criteria of the product group. The product-groupcriteria for textile products (code group 016) were published in the 99/178/EC CommunityDecision of 17 February, 1999, establishing the ecological criteria for the award of theCommunity Eco-label to textile products (EU, \999b).

The award of the Eco-label for a product is subject to a fee of 500 ECU (EU, 1999c).Application for an Eco-label is via a competent body appointed by the member state.The competent body informs the Commission of an application that meets the criteria, andthis in turn notifies the member state. A period of 30 days is allowed for an objection to theaward, which, if raised, will be adjudicated at the community level.

The criteria for the award of a Textile Eco-label stipulate 28 ecological criteria and fourfitness-for-use criteria. The ecological criteria are split into two categories: (i) textile fibresand (ii) processes and chemicals. The particular aim of the ecological criteria is to reducewater pollution throughout the manufacturing chain.

The European Union has recently completed a revision of the Eco-label awards scheme(EU, 1999^. The EU has also stated its intention to control misleading environmentalinformation on products (Anon., 1999e). Part of the intention of this is to prevent devaluingofthe Eco-label by other, lax, schemes. The success ofthe Eco-labelling scheme dependsupon customer awareness and concern (Anon, 1999/). It is the authors' opinion that currentawareness of the scheme in the UK is low. Although generally interested in green issues,consumers are often unaware of particular issues. Unless the Eco-label scheme is heavilypromoted by another industrial sector or government, attention will have to be drawn to the'green' issues involved in textile manufacture by a market leader introducing an Eco-labelledproduct line.

3.3 Landfill DirectiveThe Landfill Directive contains measures that could substantially increase the cost of landfillwaste in the UK, and it will be implemented into UK legislation in July, 2001. Measuresinclude a banning of co-disposal and a ban on the dumping of liquid waste, except to speciallylicensed sites (Anon., 1999g).

The cost of disposing to landfill, excluding environmental taxation, must cover thepreparation and opening ofthe site, its operation, site closure, and maintenance of closed-sitecharges. Municipal sites must be situated at least 500 m away from residential areas. Thisdistance increases to 2 km for hazardous-waste sites. A premium charge may be expectedfor disposal to these sites, since suitable locations are rare. The Landfill Directive alsocommits the UK to a rolling programme of reduction of biological waste to a level of 25%of current disposal by 2010 (EU, 1999e). The reduction of biological-waste disposal willrequire a significant change in waste-disposal practice in the UK, necessitating a majorinvestment in the infrastructure, which would most likely be funded by the consumer.

3.4 VOC EmissionsA Council Directive of 11 March, 1999, was introduced on the limitations of emissions ofvolatile organic compounds, owing to the use of organic solvents in certain activities andinstallations (1999/13/EC) (EU, 1999/). The regulations affect the textile-industry sectors

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involved with activities such as printing and dry-cleaning, footwear manufacture, andvegetable-oil and animal-fat extraction (e.g. stenting processes). Implementation into UKlaw is required on or before 30 March, 2001.

Volatile Organic Carbon (VOC) is defmed as any organic compound having a vapourpressure equal to or over 0.01 kPa at 293.15 K (20°C) or equivalent under the conditions ofuse. An installation is a unit where activities named in the Directive are carried out, orassociated activities are performed with a direct technical connection. A small installationis defined as that which consumes less than 10 tonne of solvent per year.

All new installations must comply with the Directive. All existing installations must complywith the Directive no later than 30 October, 2007. A significant change to an existinginstallation (increase of 25% emissions for a small plant and 10% emissions for largerplants) must comply with the Directive before the change is implemented. Installationssubject to VOC control will also be subject to assessment under the European IPPC Directive.Existing installations may be exempt from the regulations, provided that the member stateinstitutes a national plan that will achieve an equivalent reduction of emissions from theseplants. In order to maintain commercial effectiveness, medium- and small-sized plants maybe allowed to comply to less rigorous regulation.

Under the Directive, substances hazardous to health or the environment should be replaced,where possible, with less hazardous substances. Monitoring of emissions is required, anddata verifying compliance with emission limits will be supplied to the relevant authorityonce per year.

3.5 Environmental Liability

The EC White Paper on Environmental Liability (com(2000)66) proposes strict liability onthe polluter for the decontamination of future damage only. The paper proposes a change tothe normal burden of proof: v/here prima facie evidence exists, the defendant must provethat he did not cause the contamination (Hawkins, 1999). The legislation is mainly aimed atwaste contractors and landfill operators, but, even so, this will still increase the cost ofsolids disposal.

4. SUMMARY

Recent and imminent legislation in the UK confers significant powers on the EnvironmentAgency to control pollution and emissions to air, land, and water. In all of these areas, theAgency is now able to use the instrument of a 'Works Notice' to compel a body or individualto take action at his own cost to prevent a pollution incident, even where no pollution hasyet occurred. The costs of disposal will increase as revisions to permitted environmentalemissions become increasingly stringent. Accidental discharges through equipment failurecan now have considerable associated costs, e.g. where a ruptured storage vessel leads tocontamination of ground water. It is no longer enough to attempt to comply with variousdischarge consents, since legislation is now calling for the use of risk assessment of theprocess. The increasing burden of environmental legislation will require closer process controland better keeping of records, in short, the implementation of some form ofenvironmental-management system to ensure compliance. The major environmental-management accreditation systems (ISO 9001 and EMAS*) have undergone a review processintroducing changes that will make them more accessible to SMEs (i.e. small and medium-size enterprises).

It could be advantageous for such companies to be aware of impending changes and thus

* European Community eco management and audit scheme.

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place themselves in a strong position to expand their business portfolio under excellentgreen credentials and as such be valuable members of larger-company supply chains. Thisis in addition to becoming more efficient and less likely to face prosecution with all thedamage that can be associated with litigation and reputation management. The nextmillennium looks likely to become an even more green time for businesses, and those thatare prepared can look forward to their businesses ripening and reaping a full harvest.

The information on legal matters in this paper is intended as a general guidance only; it isnot intended to be comprehensive and does not constitute legal advice.

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