Fortnightly Bulletin – 10th March 2025

Policy Paper

Environment Agency enforcement and sanctions policy

The original policy paper for Annex 2 was published in 2022. Updates were made in February 2025. The Environment Agency (EA) has updated ‘Annex 2 Section F’ on how they apply discretion for Climate Change Agreements (CCA), and the approach the EA have taken when there is failure to submit a report on energy efficiency improvements or emission reductions.

Source: Gov.UK

For the full policy paper, click here

Digital waste tracking service

The EA have delayed the digital waste tracking service, this will now be introduced / come into force from April 2026.

Source: Gov.UK

For the full policy paper, click here

Guidance

Requirement to notify as a materials facility: RPS 327

The EA Regulatory Position Statement (RPS) does not change your legal requirement to comply with all the assessment and notification requirements contained in Chapter 1 of Part 2 of Schedule 9 of the Environmental Permitting Regulations 2016 (Material Facilities (MFs) when you do both of the following:

• consolidate waste material into bulk quantities,
• receive less than 75 tonnes of waste material per supplier per reporting period.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with Chapter 1 of Part 2 of Schedule 9 of the Environmental Permitting Regulations 2016 provided that:

• your activity meets the description set out in this RPS,
• you comply with the conditions set out in this RPS.

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

• cause a risk to water, air, soil, plants or animals,
• cause a nuisance through noise or odours,
• adversely affect the countryside or places of special interest. 

You must:

• have an environmental permit for a waste operation and comply with that environmental permit,
• notify the Environment Agency with your permit number by emailing mfregs@environment-agency.gov.uk before you use this RPS,
• keep records of assessment for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request.

You must not use this RPS if your MF:

• receives equal to or more than 75 tonnes of waste material from any one supplier during a reporting period,
• produces ‘specified output material’.

‘Specified output material’ means a batch of material (whether it is waste or not) that is produced from a separating process for waste material, and made up of one or more of the following kinds of material:

• glass,
• metal,
• paper,
• card,
• plastic,
• fibre-based composite.

The EA intends to review this RPS by 1^st of December 2027. However, the EA can withdraw or amend this RPS before the review date if they consider it necessary. Ensure that you check back from time to time, including at and before the review date.

Source: Gov.UK

For the full guidance, click here

Use of manufactured topsoil: RPS 190

This is the Environment Agency’s RPS on the storage and use of manufactured topsoil made from waste or mixture of waste and non-waste, including PAS 100 quality protocol compliant compost.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

• your activity meets the description set out in this RPS,
• you comply with the conditions set out in this RPS.

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

• cause a risk to water, air, soil, plants or animals,
• cause a nuisance through noise or odours,
• adversely affect the countryside or places of special interest.

You must:

• make sure the manufactured topsoil you use was produced in accordance with BS 3882:2015 at a site permitted under SR2022 No 1 or SR2022 No 2, or a bespoke permit,
• keep a record of the amount of manufactured topsoil you receive,
• comply with the waste duty of care when you transport, store and use manufactured topsoil,
• only use the manufactured topsoil to establish a vegetative layer as a top-soil substitute for landscaping,
• make sure the manufactured topsoil you use has been produced from the following wastes only:
  • 01 01 02 – chalk only (clean, naturally occurring stone materials),
  • 01 04 08 – waste chalk other than those mentioned in 01 04 07 (clean, naturally occurring stone materials),
  • 01 04 09 – waste sand and clays (clean, naturally occurring soil and mineral materials),
  • 02 01 06 – horse manure only,
  • 02 01 99 – spent mushroom compost from the growing of mushrooms only,
  • 02 03 01 – soil from cleaning and washing fruit and vegetables only,
  • 02 04 01 – soil from cleaning and washing beet,
  • 17 05 04 – soil and stones including chalk from greenfield sites (clean, naturally occurring topsoil and subsoil),
  • 20 02 02 – soil and stones (clean, naturally occurring topsoil and subsoil.
• keep records for 2 years to show that you have complied with this RPS and make these records available to the  EA on request.

You must not:

• Use more than 1,000 tonnes of manufactured topsoil at any one site.
• Use the manufactured topsoil on a site already regulated by an environmental permit or a registered waste exemption.
• Use the manufactured topsoil on land used (or intended to be used) for agriculture.
• Use the manufactured topsoil for commercial horticulture or home gardens to grow crops.
• Use the manufactured topsoil at depths greater than 300mm.
• Store the manufactured topsoil in any one place for more than 12 months before use.

The waste code for manufactured topsoil made from waste is 19 12 12.

The EA will review this RPS by the 1^st of July 2026, however the EA can withdraw or amend this RPS before the review date if they consider it necessary. Ensure that you check back from time to time, including at and before the review date.

Source: Gov.UK

For the full guidance, click here

Extended producer responsibility for packaging: recycling obligations and waste disposal fees

The guidance was originally published in 2014. Updates were made in February 2025. The EA have added the recycling targets for 2025 to 2027 and updated the guidance about managing Packaging Recycling Notes (PRNs) and Packaging Export Recycling Notes (PERNs) on the Extended Producer Responsibility (EPR) Packaging service.

The targets for 2025 to 2027 are as follows:

The way you can access your PRNs and PERNs has changed. Both producers who report directly and  those via compliance schemes should use the EPR for packaging service to accept or reject PRNs and PERNs towards 2025 recycling obligations. Use your RPD account to access the service.

You cannot use the National Packaging Waste Database (NPWD) to accept or reject PRNs and PERNs.

Your specific recycling obligations for each material for 2025 will be calculated and visible on the EPR for packaging service after you are registered, and you’ve submitted both your packaging and organisation data and it has been accepted by the regulators.

Until your recycling obligation has been calculated, your obligation status on the EPR for packaging service will show ‘no data’.

To find out how your recycling obligation will be calculated, see schedule 5 of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. 

Source: Gov.UK

For the full guidance, click here

Waste incinerator plant: apply for R1 status

The guidance was originally published in 2016. Updates were made in February 2025 to clarity when applying for R1 status at the same time as making an environmental permit application.

Once the plant design is known you can submit an application based on design data. You can apply before the plant has been commissioned including before you seek planning approval or apply for an environmental permit.

You can also apply for R1 status at the same time as making an environmental permit application. If you submit both applications at the same time it will be cheaper. You must keep the R1 application documents separate from your permit application documents.

Source: Gov.UK

For the full guidance, click here

WEEE: evidence and national protocols guidance

The guidance was originally published in 2014. Updates were made in February 2025 to section 2 of the Waste Electrical and Electronic Equipment (WEEE): evidence and national protocols guidance. The EA have clarified section 2, the third bullet, as follows:

“you received the WEEE from, or on behalf of, a Producer Compliance Scheme (PCS) – you should have a direct agreement or contract with the PCS prior to receiving the WEEE at your Authorised Treatment Facility (AATF) and be able to demonstrate this to your regulator upon request, the agreement or contract with the PCS cannot be held by a third party”.

Source: Gov.UK

For the full guidance, click here

Managing a climate change agreement (CCA)

This guidance was originally published in 2014. Updates were made in February 2025 to Table 2 target period column and the eligibility section sentence from target period 1 to 7 as follows:

Those organisations wishing to hold an agreement, must ensure they are eligible to hold an agreement before contacting their sectors. As part of the application process for a new agreement for target period 7, those wishing to hold an agreement, will need to confirm they understand and meet the eligibility requirements.

A full list of eligible processes can be found in Appendix A of the operations manual.

If during an eligibility audit or other review process, an agreement holder is not eligible, then the agreement will be terminated. The agreement holder may be liable to repay any Climate Change Levy (CCL) that has been incorrectly claimed.

Source: Gov.UK

For the full guidance, click here

Classify some waste electrical devices and components, and waste from their treatment

This guidance was originally published in June 2020. Updates were made in February and the EA have added a section on compressors removed from Waste Temperature Exchange Equipment (WTEE) as follows:

The classification and description of compressors removed from WTEE such as fridges, freezers and air conditioning units, depends upon whether they contain hazardous substances and Persistent Organic Pollutants (POPs).

POPs may be found in electrical components, plastic compressor casings and other pieces of plastic found around the compressor. You must classify the compressor as POPs waste unless you either:

• remove these components,
• demonstrate that they do not contain POPs.

You must classify compressors as hazardous waste unless you have:

• removed the plastic and electrical components,
• fully treated the compressors (degassed and depolluted) at an appropriately authorised facility in line with the requirements and standards set out in the waste temperature exchange equipment appropriate measures guidance.

You may classify other compressors as non-hazardous and non-POPs where they have been treated to the equivalent standards.

If you have not treated compressors to the equivalent standards you must classify them as hazardous waste on a precautionary basis, or assess them in line with the WM3 waste classification technical guidance to determine the appropriate classification.

Source: Gov.UK

For the full guidance, click here

Articles of Interest

Spring is “fastest-warming” season in the UK

New analysis shows that spring is the fastest-warming season in the United Kingdom (UK) largely down to climate change.

A report by Climate Central, external, an independent organisation on climate research, has found that all four seasons are warming but at different rates.

• Spring is the fastest-warming season in the UK, with an average temperature increase of 1.8°C since 1970.
• Climate change is the primary driver of this warming trend, affecting all four seasons but at different rates.
• Phenological changes: Key biological events, such as the appearance of bluebells and frogspawn, are occurring earlier in the year due to warmer temperatures.
• Impact on nature: Early spring events can lead to mismatches in the food chain and other ecological disruptions.
• Extreme weather: Climate change is causing more unpredictable and extreme weather, which further affects species and their life cycles.

According to the Joint Nature Conservation Committee (JNCC) which advises the Government, key events that herald the start of spring are happening on average nine days earlier, external than a quarter of a century ago.

Source: BBC

For the full article, click here

Caution urged by CIWM when introducing ETS into UK energy from waste sector

The Chartered Institute of Waste Management (CIWM) launched a report on the 4^th of March and called on the UK Emissions Trading Scheme (ETS) Authority to ensure that the cost allocation of ETS charged for Energy from Waste (EfW) sector fully reflects the waste composition and that there is a practical system for ensuring this is the case. Failure to do so, the CIWM believes will not fully incentivise the intended reduction in carbon in EfW feedstock – the primary driver for introducing ETS to the sector.

Source: CIWM

For the full article, click here

Wild beavers: nature’s engineers to return to English waterways

The Government are to allow the reintroduction of beavers into the wild after centuries of absence in a huge boost for nature conservation.

The government has decided to allow wild releases of beavers, which are known for their ability to create natural flood defences and boost biodiversity by building wetlands. These efforts will be carefully managed under a new licensing system to ensure minimal impact on farming and infrastructure.

Source: Gov.UK

For the full article, click here

Kellogg’s launches hydrogen-powered cereals in industry first

Kellogg’s has debuted a new government funded hydrogen demonstration at its factory in the UK, marking an industry first.

The three-week demonstration was funded by the government’s £55 million HyNet Industry Fuel Switching programme and comes as part of its £1 billion Net Zero Innovation Portfolio (NZIP).

Fossil fuel gas was replaced with hydrogen to power the toasting ovens, producing cereals. Kellogg’s are the first food manufacturer in the country to produce cereals using this method. Kellogg’s said ‘the demonstration showed the role that hydrogen can play to support industry decarbonisation and illustrated its commitment to reducing greenhouse emissions’.

Source: Grocery Gazette

For the full article, click here

Environmental Monitoring Solutions Services

Environmental due diligence

In business, some liabilities may be obvious, while others may be hidden. This is why due diligence is so important if you are considering a business or land purchase.

Our complete environmental due diligence service will identify the current conditions of a business or site, and determine any liabilities or non-compliance that you may inherit through an acquisition.

For further information, click here

Events

The Great British Spring Clean

15^th – 31^st March 2025

Organised by the Keep Britain Tidy campaign, The Great British Spring Clean encourages everyone to clean up their community by picking up litter. You could focus on your neighbourhood or go litter picking in a local park. Use #LitterHeroes and post a picture to social media of you cleaning up to encourage others to do the same.

Source: Keep Britain Tidy

Details on getting involved, click here

World water day

22^nd March 2025

Every year, since 1993, the United Nations (UN) raises awareness about the importance of freshwater and the staggering 2.2 billion people worldwide who don’t have access to safe water. The main purpose of World Water Day is supporting the aim to provide everyone with water and sanitation by 2030. The theme for World Water Day 2025 is ‘Glacier Preservation’.

Source: United Nations

To read the full details, click here

Earth hour

22^nd March 2025 after 8.30pm

Every year in late March, the World Wildlife Fund (WWF) encourages everyone around the world to switch off their (non-essential) lights and appliances for just one hour. It’s an easy way to show your support and show you care about the planet. Hopefully it will encourage you to only switch on what you need and reduce your overall energy consumption at other times as well. Not only will this help the planet it’ll save you money! The more people that take part, the more of a difference we can make.

Source: WWF.org.uk

For further information, click here