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Cleaning up air quality and the Environment Act 2021

The longstanding fight for clean air – on and offsite – has been strengthened by legislation and targets under the 2021 Environment Act.   Alex Minett, Head of Product and Markets at CHAS, headlines what businesses need to know.

Whether for the public or employees, it’s well understood that good quality air is key to protecting our health.  A 2020 landmark ruling by a London coroner cited air pollution as a significant factor in the death of a nine-year-old Ella Adoo-Kissi-Debrah due to asthma.  The World Health Organisation (WHO) has evidence of links between air pollution and many illnesses.  Yet, it’s not just our health driving the change for cleaner air, and the push for energy independence is also playing a part in the air quality agenda.

With work underway to develop legal air quality targets, businesses and their supply chains must adapt to stay compliant.

Air quality targets

Long considered a particularly harmful air pollutant, fine particulate matter (PM2.5) is the focus of the Environment Act air pollutant framework.  Two legal targets will be set by October 2022, both heavily weighted towards reducing PM2.5 emissions.

The first target is an annual reduction of PM2.5 in ambient air.  The second is a long-term target to stimulate public investment and focus on reducing population exposure to PM2.5.

There is currently no agreement on a safe level of PM2.5.  Following consultation, a limit will likely be set and act as a standard for PM2.5 measurement.

Impact on and off-site

In early 2022, DEFRA published updated statistics on the primary sources of PM2.5 emissions for the UK.  Manufacturing, industry and construction topped the table of emitters, with responsibility for 27% of emissions.

Start to prepare for increased scrutiny on machinery that emits high levels of PM2.5 and other pollutants.  Legislation is likely to look at recall of products that do not meet environmental standards.  So, ensure you service equipment regularly and consider cleaner emission alternatives.

Action to lower emissions from all sources of air pollution can be seen across the UK.  Enforcement powers often sit with local governments and councils.  This means at the tender and planning stages, be aware of local rules to measure specific air quality, such as in an air quality management area (AQMA).  AQMA’s require ongoing air pollution monitoring on all major development sites with remedial action if levels are too high.

Be aware if your business, or any of your supply chain, will be travelling through Clean Air Zones (CAZs) or Ultra Low Emission Zones (ULEZ).  

The latest ‘Clean Air for All Londoners Report’ from The London Assembly Environment Committee, calls for further powers to regulate Non-Road Mobile Machinery (NRMM).  This would bring in a user-charging scheme with penalties for non-compliant plant and machinery.  The Committee plan to lobby government to mandate all construction site developers to monitor air quality.

What can be done on-site?

Portable air pollution monitors are widely available and can benefit all sites that want or need to track their air quality.  There are also basic proactive steps to lessen the spread of dust and other air pollution, such as controlling airborne dust through fine water sprays or extraction systems.

In addition, there are the existing obligations to protect your workforce.  Consider portable clean air systems that filter out particulates and other airborne pollutants, particularly in mobile cabins and welfare spaces.  Provide the correct PPE, where needed, and ensure it fits correctly.

Looking ahead to energy independence

The sharp rise in fuel costs and the impact of global events have put a spotlight on the drive away from fossil fuels.  The effect is a renewed focus on low to no carbon energy solutions to achieve energy independence.  The government has offered incentives for energy storage technologies, while harnessing renewable or lower carbon energy sources, can help with site electricity generation, along with increased usage of electrical site equipment and vehicles. 

With consultations on how to achieve emissions reductions expected throughout 2022, do keep an ear to the ground and have your say on anything that might directly affect you.

There is little doubt that big polluters will see an increase in costs as air quality awareness increases.  Taking a lead on air pollution now can help future-proof your business and help you when tendering for work.

Staying ahead of the curve is key to staying compliant but keeping up with fast-moving legislation can be a daunting prospect.  Third-party certification can help.  For example, meeting environmental management standards is one of the areas monitored through CHAS’s supply chain management service.  Clients can use it, free of charge, to find contractors who take their environmental responsibilities seriously.

Call CHAS on 0345 521 9111

In addition, ECA is able to provide expert advice and support to its Members on any aspect of health, safety and environmental legislation and good practice.

Last updated 16 June 22