Dear Mr Brierley

The response by Blue Circle PLC to their own internal enquiry over their breach of authorisation during the tyre trial shows a marked lack of responsibility towards the seriousness of the trial. I would draw your attention to the points raised by Cllr A Fox, sent this Saturday, as well as my own.

Points 1-4. The back end temperature of the kiln of 230 deg.C is theoretically above the level where reformation of dioxins/furans occur How can the company, and I quote say "there was no risk to the environment"? We know that dioxin monitoring is only possible by extractive means and was not conducted at this time.

Point 2 The amateur understanding by the company staff to the requirements of the trial, after three previous attempts, gives rise to little confidence in their assurances now. This is especially so after company staff were supposedly trained prior to trial commencement, there is little evidence of this.

The response by the company for "fail safe communication" raises the question, why is it only now that the company and the Environment Agency have seen the need for this requirement?

Why are statistics for both kilns being prepared when only one kiln is being trialled? Is there a specific requirement that has been introduced by the Environment Agency or is this another way for the company to dilute the statistical results?

What are the specifics mentioned by the company that will strengthen all methods of communication between the central control system and tyre fuel station? The company projections were for this whole system to be computer controlled - is this not the case?

The whole response by the company appears sadly inadequate and where it addresses specifics, raises the spectre of all those other potential failings that should have been addressed and are still not.

The experimentation by this company for purely commercial gain, to try and prove that tyre burning in the antiquated wet process, has been given more chances by the Environment Agency than the people of this area feel is fair. Enough is enough, it is time to call a halt.

Yours sincerely

David Levy

Chairman - The Air That We Breathe Group

Links:

Blue Circle Letter to Environment Agency - 8 Oct 98

Response by Councillor Adrian Fox - 17 Oct 98

Response by D R Levy, Chairman of the Air That We Breathe Group - 19 Oct 98

October 17 1998

Dear Mr Brierley

Thank you for the letter concerning Blue Circle Industries response to their breach of authorisation in the June trials.

I must reply to a number of points in their letter which I believe you should address.

1. Para 2 is extremely badly worded and the meaning therefore obfuscated. Do they mean 'excursions from the key process parameters (sic)'. I take the whole paragraph to mean 'We thought we had two hours to put things right if we breached the conditions, so long as the emissions weren't affected'… Is this correct? Perhaps in future they could be encouraged to use plain (or at least, clear) English!
2. The major issue occurs in para 4 which indicates a fundamental misunderstanding:

   "our continuous emission monitors showed that the emissions during the subject period did not exceed the permitted operating levels and there was no risk to the environment."

   The limits on kiln back-end temperature were set (or so I believed) to prevent the possibility of 'de novo' dioxin formation in the cooling process in the flue gases. Exceeding the operating temperatures therefore made this possible, even likely. Since 'continuous emission monitors' do not record the levels of such pollutants which can only be measured by extractive sampling and laboratory analysis, the company is in no position whatsoever to state, 'there was no risk to the environment'.

   I would welcome your comment on this, as I am extremely concerned that the company does not appear to fully understand the necessity for requirements set by the Agency.

3. Page 2 - point 3 under 'remedial action'. "That sufficient experienced and skilled process control personnel are deployed to ensure compliance with Tyre Burning Trial Conditions."

Links:

Blue Circle Letter to Environment Agency - 8 Oct 98

Response by Councillor Adrian Fox - 17 Oct 98

Response by D R Levy, Chairman of the Air That We Breathe Group - 19 Oct 98

This is the letter sent by Blue Circle to the Environment Agency on completion of its internal enquiry into the breach of authorisation which led to the suspension of the third tyre-burning trial at Westbury. (Please note that textual errors have been copied from the original verbatim).

Links:

Response by Councillor Adrian Fox - 17 Oct 98

Response by D R Levy, Chairman of the Air That We Breathe Group - 19 Oct 98

Blue Circle Industries PLC

Mr K Brierley
Environment Agency

8 October 1998

Dear Sir

We refer to your letter of 11^th June 1998 and acknowledge receipt of the Enforcement Notice EP/E0772 served on the Company Secretary of Blue circle Industries PLC. The findings of your investigation and remedial actions were clearly defined therein and will be fully acted upon by Blue Circle. We appreciate the timely and thorough manner of your investigations.

We have completed our own internal review and have determined the following:

1. The tyre trial protocol was breached during a period of approximately two hours on 4^th June 1998. The kiln back-end temperature was above 230deg.C and the feeding of tyres to the kiln was not stopped during this time.
2. There was an apparent understanding by several members of the trial team that a period of two hours was allowed to address excursions in the key process parrameters if compliance within all prevailing emission limits was maintained. The written protocol does not support this understanding.
3. The subject occurrence was not reported to the E.A. within 24 hours of the event due to the trial management system not incorporating a "fail-safe" review and communication procedure within the Works and to the E.A.
4. Our continuous emission monitors showed that the emissions during the subject period did not exceed the permitted operating levels and there was no risk to the environment.
5. All members of the trial team had been briefed and trained on the procedures and protocol of the trial.

All internal matters have been addressed. The purposed of this letter is to demonstrate the changes that are proposed to to satisfy the requirements of the Enforcement Notice and to facilitate satisfactory continuation of the trial with the approval of the E.A.

With reference to the Schedule attached to Enforcement Notice EP/E 0772, we understand that remedial actions are required in order to demonstrate to the Agency that we are able to meet the following conditions:

1. That Management Control is appropriate to ensure compliance with Tyre Burning Authorisation including control of kiln back end temperature.
2. That the need for prompt disclosure of any breaches to the Environment Agency is fully understood.
3. That sufficient experienced and skilled process control personnel are deployed to ensure compliance with the Tyre Burning Trial Authorisation Conditions.

In response to the above, the following actions are proposed:

0. Management Control;
   1. Re-brief SPO1s and Tyre Trial Team in writing as to the Authorisation Conditions.
   2. Recalibrate control instruments in the presence of the E.A. Monitoring Liaison Officer.
   3. Prepare daily Environmental reports for kilns 1 and 2 and compare actual conditions to with Authorised conditions on both kilns.
   4. Designate a suitably experienced person for preparing these daily reports.
   5. Designate a suitably experienced person for reviewing and counter signing the daily reports, and for initiating the reporting of any breaches to the E.A.
   6. To prepare a weekly Environmental Report for kilns 1 and 2.
   7. Designate a suitably experienced person for preparing this report.
   8. Designate a suitably experienced person for reviewing and counter signing the weekly report.
   9. Strengthen all methods of communication between the central control system and the tyre feed station.
      
1. Prompt Disclosure of breaches;

1. Any unauthorised condition, necessitating prompt reporting to the Environment Agency, will be detected in the review of the daily report and will be initiated within 24 hours.

    3. Sufficient Experienced Personnel;

1. Dedicate one SPO1 per shift to No. 2 kiln for the tyre trial.
2. Dedicate one Process Engineer per shift to No. 2 kiln for the tyre trial.
3. Appoint a Tyre Trial Manager for the duration of the trial.

 We feel that implementation of the above actions would remedy the said contraventions and invite you to meet with us as soon as possible to discuss these and other points key to the success of the Tyre Burning Trial.

In addition to the actions described above we will modify our control equipment such that

1. The counting of tyres burnt will be automatically capture and displayed within the process control system.
2. The status of the tyre feeding equipment will be automatically captured and displayed within the process control system.
3. A lock out procedure will be initiated on the tyre feeding system.

We share your disappointment at the suspension of the last trial and look forward to demonstrating that tyres can be burnt in our kiln in concert with environmental compliance. We appreciate your consideration of this matter and remain available for a meeting at your convenience.

Yours faithfully

BLUE CIRCLE CEMENT

[signatures]

J .T. Hanman - Environmental Co-ordinator
R .W. Davies - Works Manager
Cc: A.K. Muckley P.C.H. Wood A.S.M. Edye