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SURFACE MINERAL WORKINGS AND DUST
A CONSULTATION PAPER ISSUED BY THE SCOTTISH EXECUTIVE
Dear Consultee
SURFACE MINERAL WORKINGS AND DUST
I enclose a consultation paper on surface mineral workings
and dust.
This consultation follows the publication of Government funded
research Do particulates from opencast coal mining impair children 's
respiratory health? and the need to update planning guidelines in light
of the research findings. The consultation paper sets out the background to
the research, together with the key conclusions and recommendations as they
relate to the planning system. It also seeks views on the most appropriate ways
to incorporate the recommendations into planning guidance.
Views and comments on the consultation paper are sought by
8 September 2000
No acknowledgement of responses will be sent unless specifically
requested.
Yours faithfully
J G MACKINNON
SURFACE MINERAL WORKINGS AND DUST A CONSULTATION PAPER ISSUED
BY THE SCOTTISH EXECUTIVE
INTRODUCTION
1. This consultation paper seeks views on the Executive's proposed
response to recommendations made in the Government commissioned research Do
particulates from opencast coal mining impair children's respiratory health?
The research was carried out by the Department of Epidemiology and Public
Health at the University of Newcastle upon Tyne (the Newcastle research). The
findings were published by the Stationery Office [ISBN 0 11 322298 X] in December
1999. The study found that the respiratory health of children living in communities
close to opencast sites was very similar to that of children living in communities
distant from such sites. However, although the overall message of the research
is reassuring, there remains a need to ensure that emissions from individual
sites are adequately monitored. It is proposed that this be done through the
incorporation of assessment and control measures into the planning framework
to ensure that proposals are properly assessed against National Air Quality
Standards (AQ S).
EXISTING PLANNING GUIDANCE AND ADVICE
2. Guidance on opencast coal and related minerals is given
in National Planning Policy Guideline (NPPG) 16, Opencast Coal and Related
Minerals. Paragraph 33 confirms that, in considering applications, planning
authorities should ensure that opencast coal developments would not lead or
contribute to AQS being exceeded. NPPG 16 also confirms that further consideration
will be given to the planning advice contained in Planning Advice Note (PAN)
50 Annex 13 The Control of Dust at Surface Mineral Workings (see paragraph
3) following completion of the Newcastle research. It suggests that in the meantime
the industry and planning authorities adopt a cautious approach, ensuring that
proposals and developments do not result in unacceptable levels of airborne
dust. Paragraph 37 of NPPG 4, Land for Mineral Working, also refers to
dust and mineral workings.
3. PAN 50, Controlling the Environmental Effects Of Surface
Mineral Workings, gives general advice on dust Annex B of PAN 50 provides
more specific advice on how the planning system can be used to keep dust emissions
from surface mineral workings within environmentally acceptable limits. The
advice is based mainly on earlier Government commissioned research carried out
by Arup Environmental/Ove Arup and Partners and published in 1995, The Environmental
Effects of Dust from Surface Mineral Workings (the Arup research). This
research specifically excluded the health effects of dust generated by surface
mineral workings. PAN 51, Planning and Environmental Protection, gives
advice on the role of the planning system in controlling pollution and its relationship
to a number of environmental protection regimes.
CONSULTATION
4. This consultation paper:
- summarises the key findings of the Newcastle research;
- explains how these findings relate to the revised AQS as recommended by
the Expert Panel on Air Quality Standards;
- considers the planning implications of the research; and
- outlines the assessment framework proposed in the research report.
RESPONSES
5. Responses to the paper should be sent no later than
8 September 2000 to:
Andrew Taylor
The Scottish Executive Development Department
Planning Division
2-H42
Victoria Quay
Edinburgh
EH6 6QQ
Or by e-mail to: opencast.consultation@scotland.gov.uk
6. In order to help informed debate on the issues raised
by this consultation paper, the Executive would, as usual, wish to make copies
of the responses available to the public on request. The Executive will, therefore,
assume that responses may be made available in this way. If however, respondents
indicate that they wish all or part of their reply excluded from this arrangement,
confidentiality will of course be respected, although the response may be included
in any numerical summary of responses received.
It would be helpful if consultees could submit two copies of
their comments.
BACKGROUND
7. The Newcastle research was jointly funded by the Department
of Health, and the Department of the Environment, Transport and the Regions
(DETR). 10 sites in northern England were selected for the study, five communities
near opencast coal sites being matched with five similar communities where there
was no opencast activity. At each site the researchers measured particulate
matter of less than 10 microns diameter (PM10). This size range is
significant for health reasons because it is the mass fraction of particles
which, if inhaled, would penetrate beyond the larynx. Four of the five community
pairs were monitored for six weeks each, with the remaining pair monitored for
24 weeks to obtain a longer term picture. Readings were taken every 30 minutes.
8. The main findings of the research were:
- opencast coal mining was associated with a small increase in the mean concentration
of airborne particles measured as PM10 in areas close to opencast
sites. This was due to an increased concentration of shale rather than soot;
and
- the respiratory health of children living in communities close to opencast
sites was very similar to that of children living in communities distant from
such sites.
The research showed that opencast activity had some effect
on particulate levels in communities near opencast sites compared to control
communities, but the levels of asthma, wheeze and bronchitis were broadly similar.
In four out of five community pairs there were increased GP consultation rates
for respiratory, skin and eye complaints, but the average difference in number
of consultations between the opencast and control sites was small.
9. The Newcastle research was endorsed by the Committee on
the Medical Effects of Air Pollutants (COMEAP), the panel of independent experts
that advises the UK Health Departments on these matters, which agreed with the
main findings. COMEAP confirmed that "Overall, the number of consultations made
to general practitioners was similar for children who lived close to opencast
sites compared to those who did not. However, there was a small increase in
consultations for respiratory, skin and eye conditions in those living close
to opencast sites in four of the five pairs of communities studied. Though the
increase was statistically significant, the average difference in the number
of consultations between the communities close to and distant from opencast
sites was small. In the absence of other evidence of effects it is not possible
to be certain that these differences were due to opencast operations". COMEAP
recommended that, as a precautionary measure, the modifications to the planning
process suggested by the authors be considered by the relevant planning authorities
and be incorporated in minerals planning guidance.
AIR QUALITY STANDARDS
10. The modifications to the planning system proposed by the
researchers relate assessment and control measures to the AQS. Paragraph 5 of
PAN 50 Annex B refers to the National Air Quality Strategy which, at the time
of publication, was under review. This review has now been completed and was
published in January 2000 as The National Air Quality Strategy for England,
Scotland, Wales and Northern Ireland. It encompasses the EC Directive 96/62,
The Air Quality Framework Directive, which supersedes previous air quality
legislation. The Directive establishes a framework under which the EU will set
limit or target values for specified pollutants.
11. Limit or target values will be set for twelve pollutants
in subsequent Daughter Directives. PM10 is one of four pollutants
for which a legally binding Daughter Directive was adopted in April 1999. Member
states will be required to implement it by July 2001. The Scottish Executive,
DETR and the National Assembly for Wales will consult on implementation during
2000, aiming to maintain as much consistency as possible with existing arrangements.
12. Under the Directive, PM10 must not exceed 50
more than 35 times a year as a running 24 hour mean. 40 must not be exceeded
as an annual mean. Both of these targets are to be achieved by 31 December 2004
and are derived from values recommended by the World Health Organisation (WHO).
The new figures replace those in the 1997 National Air Quality Strategy, which
were set on the basis of the best available knowledge at the time. Rather than
a final outcome, the new 24 hour mean objective is seen as a staging post on
the road to more stringent Stage 2 indicative values included in the Directive
for 2010.
13. If there is any doubt that the air quality objective for
PM10 will be achieved by the December 2004 deadline within any part
of a local authority area, the authority will be required to designate that
part of its area as an Air Quality Management Area. An action plan must then
be prepared, setting out how the authority intends to exercise its powers in
relation to the designated area so as to achieve the objectives.
PLANNING IMPLICATIONS
14. Where dust is demonstrated to have the potential to
affect land use it is capable of being a material planning consideration. The
Newcastle research concludes that it is relevant:
- to consider the contribution of opencast coal sites to PM10 levels
in communities up to 1000m from a site;
- to assess whether this is likely to lead to breaches of the AQS;
- whether the impact is significant; and
- whether it merits refusal.
When PM10 impact is found to be significant in planning
terms but, on balance, does not merit refusal of an application, procedures
to monitor and control PM10 should be adopted.
15. COMEAP confirm that the small increase in PM10
concentrations close to opencast sites in the Newcastle research was not
due to the release of coal particles but was more likely due to dust associated
with earth moving and excavation. The findings also suggest that, from a planning
perspective, the composition of the overburden could be important; quartz, for
example, is more likely to have an effect on health than shale. The Committee
noted that such increments in exposure to these materials as may occur in local
communities as a result of opencast mining operations are most unlikely to have
any detectable effects on health. Nonetheless, the Executive endorse Chomp's
recommendation that, on a precautionary basis, efforts should continue to be
made to control the emission of particles from opencast sites. Because the activities
identified are common to all mineral sites, the Executive believe that the
research recommendations should be extended to cover all types of mineral workings,
not just opencast coal.
RECOMMENDATIONS FOR AN ASSESSMENT FRAMEWORK
16. When considering the PM10 generation potential
and the impacts of activities at proposed opencast and other mineral sites,
a structured assessment procedure for guiding operators and planning authorities
is desirable. One of the key outputs of the Newcastle research was a suggested
assessment framework for this purpose. A framework based on the research is
outlined in the following paragraphs. This takes a step by step approach, looking
at each factor in turn and asking simple questions.
17. The potential impacts of opencast and other mineral activities
on particular sites ought to be highlighted at the scoping stage of a planning
application. This should identify any special requirements for the environmental
impact assessment (EIA). The likely number and frequency of predicted AQS exceedences,
together with the proximity of operations to sensitive areas, should constitute a major part of the EIA
and the weight this should be given in balancing the benefits of the site against potential impacts.
18. The three broad categories which sites should be considered
to fall within are:
- within 1000m distance of a community or sensitive premises/user:
- where a site is likely to contribute to local sources of PM10 which
result in the AQS being exceeded: and
- where the site is neither of the above.
If the site falls within the last category then the Arup research's
best practice guidance should provide adequate assessment and control measures.
This guidance is summarised in the Appendix to PAN 50 Annex B.
19. The Arup research defined 'remote' as more than l000m from
any residential property or sensitive premises/users (these are listed in PAN
50 Annex B, Table 2). The Newcastle research also identifies l000m as an adequate
cut-off point for considering whether additional measures should apply. In deciding
a cut-off point for individual proposals, planning authorities will also wish
to consider whether the topography, the nature of the landscape, the respective
location of the site and the nearest residential property/sensitive premises
in relation to the prevailing wind direction and visibility may justify the
distance being tailored to local circumstances, and whether a greater or lesser
distance may be justified.
20. If a site is within 1000m of any residential property
or sensitive premises/users, then further assessment work should be undertaken
to look at the likely impacts and the weight they should be given in the decision
making process. The research suggests that this can be assessed against two
potential sources of information:
- site/community monitored PM10 data; and
- any available air quality monitoring network data.
21. Comparison between Automatic Urban Network (AUN) data and
the Newcastle study indicated that the former could be used as a baseline source
of information for site assessment and control. In northern England there are
a number of AUN monitoring points in close proximity to the main areas of opencast
activity, making this approach valid. In Scotland however, there are only five
AUN monitoring locations for particulates (all in or around Edinburgh, Glasgow
and Aberdeen) and the vast majority of opencast sites will be too distant from
these locations for the data to be satisfactorily extrapolated. In such cases,
and in the case of other mineral workings which are similarly distant, site/community
monitored data should be used, ideally incorporating several monitoring points
around the proposed site and collected under a range of different weather conditions.
The length of monitoring period and number of observations required to provide
an adequate baseline will need careful attention. Another source of information
may be the relevant local authority - many of these hold detailed information
about air quality, collected during their review and assessment of local air
quality as part of their recently introduced responsibilities for Local Air
Quality
Management. If the use of AUN data is being considered, views
should be sought from the local authority on whether the proposed site is sufficiently
close to a monitoring point.
22. Over the period that the Newcastle research was carried
out, the average daily PM10 level was 2 higher at opencast sites
than at control sites. If the baseline data (assuming they have been demonstrated
to be robust and representative) indicate that an additional load attributable
to site operations of 2 would bring the area above the AQS, then planning authorities
will need to consider whether this would justify refusal or whether monitoring
and control measures can be put in place to reduce the potential for creating
PM10 dust at a site on those days that exceed the AQS. If the baseline
data do not indicate that the additional load attributable to site operations
of 2 would bring the area above AQS then there would be no justification for
any additional monitoring and controls above the "best practice" measures advised
by the Arup research.
23. No equipment or process controls are proposed following
the Newcastle research, as no direct relationship between site activity data
and working methods was identified. The study did not generate sufficient information
to establish whether particular site activities led to higher PM10.
This would need to be the subject of more detailed dispersion work.
24. Nor are any controls on site vehicle emissions proposed,
as sample analysis provided no evidence for a direct relationship between these
and site activities. However with regard to the relationship between diesel
consumption levels and diesel emission particles (DEP), vehicles and other equipment
used on opencast sites do not require road licenses and until recently have
not been subject to any statutory regulations controlling the production of
DEP. European Directive 97/68/EC lays down strict limits on the level of pollutants
that can be emitted from new diesel engines to be installed in off-road equipment.
Stage 1 limits were effective from March 1999 for all but the smallest
engines entering into service for the first time. Stage 2 limits for engine
types not covered by Stage 1 will start to come into force from the end of 2000.
This is the first step in measures to improve emissions from machinery in this
sector of the market. In the near future, the European Commission is expected
to bring forward proposals for even more rigorous standards to apply to these
machines.
CONCLUSION
25. The Newcastle research found only small effects on children's
respiratory health. Other work suggests that effects of opencast coal sites
on the long term health of local communities are most unlikely. However, COMEAP
recommended that, as a precautionary measure, the modifications to the planning
process recommended by the researchers are considered by planning authorities
and incorporated into mineral planning guidance. The Executive therefore propose
that the suggested assessment framework should be incorporated into national
planning policy guidance. This should apply to all surface mineral proposals.
PROPOSAL TO AMEND PLANNING POLICY GUIDANCE
26. It is intended to issue an Addendum to both NPPGs 4
and 16. It is envisaged that these will confirm that:
NPPGl6 (to replace existing paragraph 33)
Government sponsored research, Do Pariculates from Opencast
Goal Mining Impair Children's Respiratory Health?, was published in December
1999. This recommends the framework below to guide the assessment of the implications
of opencast coal proposals on National Air Quality Standards. The research findings
have been endorsed by the Committee on the Medical Effects of Air Pollutants,
the panel of independent experts which advises the UK Health Departments on
these matters. Planning authorities and the industry should adopt the researchers'
assessment framework in drawing up and considering proposals for new sites,
or extensions or modifications to existing sites.
NPPG 4 (new paragraph 37A)
Government sponsored research, Do Pariculates from Opencast
Coal Mining Impair Children's Respiratory Health?, was published in December
1999. This recommends the framework below to guide the assessment of the implications
of opencast coal proposals on National Air Quality Standards. The research findings
have been endorsed by the Committee on the Medical Effects of Air Pollutants,
the panel of independent experts which advises the UK Health Departments on
these matters. The research concluded that increases in particle concentrations
close to opencast coal sites was not due to the release of coal particles but
was more likely caused by earth moving and excavation activities common to all
mineral workings. In the circumstances, planning authorities and the industry
should adopt the researchers' assessment framework in drawing up and considering
proposals for new surface mineral workings, or extensions or modifications to
existing sites.
(The following proposed assessment framework suggested by the
researchers would be incorporated into NPPG 16 and NPPG 4):
PLANNING ADVICE
27. The framework recommended by the researchers is aimed at keeping
dust emissions
within environmentally acceptable limits. The advice in the PANs referred to
in paragraph 3 should therefore be read in conjunction with the proposed amendments
to national policy guidance.
28. Views are invited on:
a) the proposal to incorporate the recommendations of the researchers
and COMEAP into NPPG 16;
b) the intention to incorporate similar guidance into NPPG 4;
c) the content of the proposed amendments to NPPG 4 and NPPG 16; and
d) the resource implications for local authorities and operators.
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