Dissecting the clean air legislation
Stephanie Geesink, Of Counsel, and Emma Thompson, Associate, Watson Farley & Williams
AS our cities’ skylines continue to develop and expand, so too does the carbon footprint from our buildings and construction sites. Construction projects across the city contribute to air pollution with a variety of contaminants including dust, diesel and other toxic fumes from heavy machinery, as well as polluting matter from demolition waste.
Studies have shown that the built environment accounts for approximately 4% particle emissions with dust being one of the biggest nuisances along with pollutants from building sites. According to the International Energy Agency, 39% of global energy-related carbon emissions are attributed to buildings. Approximately 28% of this figure is made up of operational emissions from buildings, predominantly for heating, cooling and lighting. The remaining 11% is accounted for by carbon emissions embodied in the building.
UK Legislation
There is a plethora of legislation which addresses air quality standards in the UK. While the Clean Air Act 1993 emerged as a pioneering piece of legislation on air pollution, critically its scope is narrow with respect to construction or building sites. Instead, the act primarily focuses on the control of smoke emissions from chimneys and industrial and trade sites, and also regulates the content and composition of motor fuels.
There is a plethora of legislation which addresses air quality standards in the UK. While the Clean Air Act 1993 emerged as a pioneering piece of legislation on air pollution, critically its scope is narrow with respect to construction or building sites.Since then, the Air Quality (England) Regulations 2000, the National Emission Ceilings Regulation 2002 and Air Quality (Standards) Regulations 2010 have arisen to reinforce the clean air laws as set out in the Environment Act 1995. The 1995 act mandates local authorities to review air quality in communities together with designating management areas if improvements are required. As there are currently no regulatory standards for dust nuisance in the UK, any complaints relating to dust nuisance will have to be raised and investigated by a local authority for a statutory nuisance to arise.
Construction sites can also be held liable to pay fines for damage caused to the environment under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015. These regulations are meant to ensure that businesses take steps to minimise pollution whilst actively taking account of the measures it has in place. Further, the legislation provides useful guidance to building professionals on how to ensure that pollutants are discharged correctly and safely with limited impact on the environment.
As signalled in the Clean Air Strategy 2019, companies like High Speed Two (HS2) have already committed to more enviro-friendly logistic strategies with its contractors whereby deliveries by rail and sea will be utilised before resorting to deliveries via road. In 2020, HS2 trialled a new hybrid energy system which replaced diesel fuel with clean gas and biogas fuels as part of its ‘Clean air gas engine’ project.
The results of the trial showed considerable improvements in air quality which was a win not only for the environment but also the welfare of construction workers on site. This pioneering initiative is a key advancement for decarbonising the construction industry.
The overlooked benefits of Environmental Impact Assessments (EIA)
An EIA is an in-depth evaluation of a project or development to identify any adverse consequences to the environment before works begin. EIAs are key to avoiding as well as mitigating the cause and effects of air pollution. They not only provide useful benefits for highlighting adverse risks to ecosystems but are helpful for establishing any hazards to human health. Practical considerations like proximity to schools and hospitals where vulnerable groups may be situated are key factors to bear in mind. Where poor air quality exists, continuous exposure analysis is required to safeguard the local community particularly those with respiratory vulnerabilities.
As signalled in the Clean Air Strategy 2019, companies like High Speed Two (HS2) have already committed to more enviro-friendly logistic strategies with its contractors whereby deliveries by rail and sea will be utilised before resorting to deliveries via road.Separately, but in addition to EIAs, as part of the Mayor’s air quality strategy, contractors should submit an Air Quality and Dust Management Plan (AQMDP) to their relevant local authority prior to the commencement of work on site. Typically, the AQDMP will detail the dust and emission reduction measures to be adopted together with the types of monitoring methods to be implemented. Considerations should be kept under review to ensure that any changes to the timetable as well as any new potential emissions that are introduced can be mitigated.
Non-Road Mobile Machinery (NRMM) which is popularly utilised on construction sites is typically diesel operated and therefore emit dangerous nitrogen dioxide and particulate matter. If construction sites are to reduce and eliminate their contribution to air pollution, it will be prudent to reconsider machinery that offers less pollution.
The Mayor of London’s Sustainable Design and Construction and Control of Dust and Emissions during Construction & Demolition Supplementary Planning Guidance provides useful information to building professionals on how they can minimise emissions and prepare air quality assessments, amongst other things.
Do’s and don’ts for the construction site
There are several practical steps that can be adopted on the construction site to implement and maintain effective pollution prevention measures from the start to end of a project.
Some of these steps include but are not limited to:
- Barricade site and utilise sprinklers to minimise dust escape.
- Cover delivery lorries properly to minimise dust escape.
- Switch off heavy machinery when not in use.
- Procure sustainable sources of materials (of minimal depletory effect).
- Recycle material post demolition.
- Implement improved logistics for delivery times and routes by doing ‘full load only deliveries’ that support and encourage sustainable travel to and from the construction site.
Construction contracts which feature these types of obligations, whether in the main contractual terms or more broadly in the Employer’s Requirements can ensure that contractors, along with the larger supply chain, adopt and adhere to these practices. This will not only have a greater impact on lowering carbon emissions but will help to spread the costs involved.
Putting it into practice
Adopting measures that seek to limit air pollution are not only often inexpensive but have also proven to be effective, and can go a long way, particularly for smaller construction outfits with restricted access to capital. Adopting measures that seek to limit air pollution are not only often inexpensive but have also proven to be effective, and can go a long way, particularly for smaller construction outfits with restricted access to capital. Devising a proper environmental management strategy will be key to combatting air pollution on construction sites.
Setting minimum standards of practice for dust mitigation will no doubt feed into a formidable action plan for building professionals to be compliant with the regulations.
The interaction between the built and natural environment has in recent years become increasingly noticeable within two disciplines that have been historically viewed as competing interests. The future of sustainable buildings relies heavily on the adoption of an envirofriendly approach to construction as it has become almost necessary for a project to feature sustainable components in its architectural design.
Having a supportive contractual framework which creates scope for building professionals to comply with these objectives which will in turn promote greener architecture and construction to achieve cleaner air. WFW can help to navigate these steps at the outset of drafting and throughout the lifecycle of your project, for a greener future.
Stephanie Geesink, Of Counsel, and Emma Thompson, Associate, Watson Farley & Williams