Persistent Organic Pollutants Notifying POP stockpiles – when, what and how August 2011 (Version 1) The Persistent Organic Pollutant Regulations EC 850/2004 (as amended) – hereafter referred to as ‘the Regulations’ - place strict controls on certain chemical substances that are particularly harmful to the environment and/or human health. This briefing note has been prepared by the Chemical Compliance Team. It is intended to be read by companies involved with any materials1 that consist of or contain Persistent Organic Pollutants (POPs)2, where the material has an allowed use. If you have more than 50kg of materials that consist of or contain POP substances2, and their intended use is exempt from prohibition (or not covered by a restriction) then you will need notify the Competent Authority3. To find out if the materials you deal with contain POPs (and, if so, what the concentration is) you could: Contact suppliers or manufacturers Calculate the concentration of POPs in materials you have prepared Get the material analysed by a suitable laboratory if you are unable to determine POP concentrations by other means For further assistance you may wish to contact a relevant trade association or an environmental consultant. All POP stockpiles (including waste) must always be stored in safe, efficient and environmentally sound conditions. When to notify a POP stockpile If you have a stockpile of material(s) that consists of or contains any concentration of one or more POP substances then you will need to notify your environmental regulator when: it is being produced, imported, supplied, stored or used for exempt reasons (see ‘permitted uses’) it exceeds 50kg (total of all POP-containing materials, excluding waste) When a new substance becomes regulated as a POP, the deadline for notifications will be 12 months after the amended Regulation comes into force. Stockpile notifications must be renewed every 12 months. Notification and renewals are free-of-charge. 1 Substances, preparations or articles Substances listed in Annex I and II of the Regulations 3 For stockpiles located in England and Wales this is the Environment Agency 2 What to notify To work out the total of all POP-containing materials in the stockpile, you should consider any materials that are in use as well as those materials/products that are in storage. You may need to consider stockpiles that are held at more than one location. Your notification will need to include a breakdown of the POP stockpile. You should provide separate details for each material that consists of or contains a different POP substance, or that contains a different concentration of the POP substance. If the quantities of materials in your stockpile fluctuate regularly, you should notify the actual quantity you have now, and also an estimate of the maximum quantities that you would expect during normal operation of your business. Important note: If the stockpile material does not have a permitted use (see below) then it is waste. POP waste cannot be notified and must be disposed of in accordance with the methods prescribed in the Regulations, as soon as possible. Permitted uses There are some allowed uses that apply to all POP substances; these general exemptions are listed in Article 4 of the Regulation. Specific exemptions for production, placing on the market and use of banned POP substances are detailed in Annex I of the Regulations. The production, placing on the market and use of a POP substance listed in Annex II will be allowed if its intended use does not fall within the scope of a listed restriction4. How to notify a POPs stockpile We have prepared an optional form to assist your notification. To notify a stockpile you will need to provide certain details about the nature of the material, the quantity and where and how it is stored. These details include the following information: 4 5 Company details (including registered office and permit number, if applicable) Contact details A breakdown of the total POP stockpile (details of the separate materials you hold): o Description of the material(s) o Quantity of the material(s)5 o Identity of the POP substance(s) present in the material (substance name and specific CAS/EC number) o Concentration of the POP substance(s) in the material (with relevant units per kg) o Location of the material (full address and grid reference, and permit number if applicable) o Details about which permitted use the material is covered by o Storage conditions Any other details you think may be relevant Please note, there were no substances listed in Annex II when this briefing note was published. An actual quantity (a) and, where quantities fluctuate regularly, an estimated maximum (e). Where to send your notification If any material in your POPs stockpile is located in England or Wales you should send your notification to our Chemical Compliance Team. Email: chemicalrestrictions@environment-agency.gov.uk Postal address: Chemical Compliance Team Waste and Industry Regulatory Service Environment Agency Quadrant 2 99 Parkway Avenue Sheffield S9 4WF Where to get more information Please contact us if you need to speak to someone about notifying a POP stockpile, or if you need more general advice about POPs. You can: send an email to chemicalrestrictions@environment-agency.gov.uk; or call our National Customer Contact Centre on 03708 506 506 – ask to speak to a member of the Chemical Compliance Team. European Regulations and amendments can be accessed, free-of-charge, online via: http://eur-lex.europa.eu In the UK, competent authorities, enforcing authorities, powers and penalties relating to POPs are contained in the Persistent Organic Pollutant Regulations 2007 No.3106. This can be accessed, freeof-charge, online via: www.legislation.gov.uk POP stockpile notification form This form is an optional document to assist your POP stockpile notification. Please use additional sheets as required. Part 1: Company and contact information Provide company details and tell us who we should contact if we need more information. Company name Permit number (if applicable) Company registration number Registered address Contact name Job title Telephone number Email address Part 2a: Stockpile nature and location Provide details about the stockpile and where it is. Include details for each type of POP-containing material you hold – you will need to use continuation sheets if your stockpile is comprised of 3 or more different materials. Material 1 Material type/ description: Quantity (mass of material in kg)6 POP substance name POP identification (CAS or EC #) POP concentration (units per kg) Location (full address) Location (National Grid Ref.) Permit number (if applicable) Material 2 Material type / description: Quantity (mass of material in kg)7 POP substance name 6 7 Provide actual quantity (a) and, where applicable, estimated maximum quantities (e) Provide actual quantity (a) and, where applicable, estimated maximum quantities (e) POP identification (CAS or EC #) POP concentration (units per kg) Location (full address) Location (National Grid Ref.) Permit number (if applicable) Part 2b: Demonstration of permitted use Use this section to tell us about your reasons for holding the stockpile (demonstrate that each material is covered by an exemption or not restricted). Material 1: Material 2: Part 2c: Stockpile management Provide details about how the stockpile is stored, and what measures have been taken to prevent release of POPs into the wider environment (demonstrate safe, efficient and environmentally sound management of each material). Material 1: Material 2: Part 3: Other supporting information Please label any continuation sheets or supporting documents and list them in the space provided below.