Fortnightly Bulletin – 13th January 2025

Policy

Assessing and scoring environment permit and license compliance

The Environment Agency (EA) has updated all the attachments linked to this policy paper to explain the timeframe for appealing a regulatory decision and linked to guidance on this.

This includes updates to the ‘Radioactive substances activities: assessing licence compliance’, in the section ‘Explaining the outcomes of a compliance assessment’ to clarify when the EA sends draft Radioactive Substances Compliance Assessment Report (RASCAR) to nuclear operators and how to appeal a regulatory decision.

Updates have been made to Principle 6 in the ‘Waste operations and installations: assessing and scoring environmental compliance’ on how the EA will consider the wider impact on climate change for incidents involving the release of greenhouse gas.

Source: GOV.UK

For the full policy paper, click here.

Environment Agency enforcement and sanctions policy

The EA have updated the enforcement and sanctions policy to make reference to the UK Emissions Trading Scheme (UK ETS) and the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). Annex 2 now has an updated Section A to take account of the UK ETS and CORSIA, Section G: UK ETS and Section H: CORSIA.

Source: GOV.UK

For the policy paper, click here.

Guidance

Store, depollute and dismantle waste motorcycles: RPS 329

This Regulatory Position Statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you store, depollute, and dismantle waste motorcycles.

However, the EA will not normally take enforcement action if you do not comply with these legal requirements provided that your activity meets the description set out in this RPS, and 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, plant, or animals,
• cause a nuisance through noise or odours,
• adversely affect the countryside or places of special interest. 

This RPS applies to storing, depolluting, and dismantling of motorcycles when holding the standard rules permit SR2021 No.12: Vehicle storage, depollution and dismantling (authorised treatment) facility.

You must:

• fully comply with standard rules permit SR2021 No.12,
• only store, depollute and dismantle motorcycles, 
• keep records for six 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 EA on request.

You must not:

• depollute and dismantle more than 40 waste motorcycles per week,
• store more than 40 waste motorcycles at any one time.

The EA intends to review this RPS by 1 September 2026.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

Source: GOV.UK

For the full guidance, click here

Bioaerosol monitoring at regulated facilities: RPS 209

The RPS does not change your legal requirement to comply with your environmental permit for a biowaste activity. However, the EA will not normally take enforcement action if you do not comply with the permit conditions on bioaerosol monitoring 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.

If your biowaste facility is 250 metres or less from a sensitive receptor (a place where people live or work for more than six hours at a time), you must:

• monitor bioaerosols in line with the technical guidance M9: Environmental monitoring of bioaerosols at regulated facilities,
• do a site specific bioaerosol risk assessment,
• comply with all other conditions set out in your permit.

You do not need to monitor or submit results for:

• gram-negative organisms,
• E coli,
• actinomycetes.

You do not need carry out bioaerosol monitoring if your biowaste facility is more than 250 metres from a sensitive receptor, unless the EA asks you to do so.

The EA is reviewing all biowaste permits, once they have finished the review, the EA will withdraw this RPS. The EA will remove the permit condition requiring bioaerosol monitoring at facilities more than 250 metres from a sensitive receptor. This is unless there are site specific reasons not to.

The EA will review this RPS by 30 September 2025 and the EA can withdraw or amend this RPS before the review date if they consider it necessary.

Source: GOV.UK

For the full guidance, click here.

Storing and using manure to breed worms for a wormery: RPS 316

This RPS does not change your legal requirement to have an environmental permit for a waste operation when you store and use farmyard and horse manure to breed worms to make a wormery.

However, the EA will not normally take enforcement action if you do not comply with this legal requirement if you meet the requirements in the RPS, 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.

This RPS applies to storing and using farmyard and horse manure to breed worms for a wormery.

You must:

• only store and use farmyard and horse manure for the purpose of breeding worms,
• only store and use up to ten tonnes of farmyard and horse manure in a 12-month period,
• construct the wormery on an impermeable surface in a purpose-built, leak-proof container,
• locate the wormery in a secure place,
• keep records for two 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 EA on request.

The EA intends to review this RPS by 8 January 2028, and the EA can withdraw or amend the RPS before the review date if they consider it necessary.

Source: GOV.UK

For the full guidance, click here.

Electrical and Electronic Equipment (EEE): Producer responsibilities – register as a small producer

From January 2025, you must register as a small producer through the WEEE online service.

You will be asked for your business location, and the system will identify the relevant regulator:

• Environment Agency (England)
• Natural Resources Wales (NRW) (Wales)
• Northern Ireland Environment Agency (NIEA) (Northern Ireland)
• Scottish Environmental Protection Agency (SEPA) (Scotland).

You must register by 31 January every year or within 28 days of placing EEE on the market for the first time.

When you register you need to tell the regulatory authority how much EEE you placed on the market in the previous calendar year by category. See guidance on how to:

• report the amount of EEE you place on the market,
• correctly identify EEE.

You will also need to tell the regulatory authority whether it’s household (also known as business to consumer – B2C) or non-household (also known as business to business – B2B). Refer to the guidance on how to correctly identify B2C and B2B EEE and WEEE.

You can use a third party to register you and submit your data. You can use a Producer Compliance Scheme (PCS) as a third party and not register as a member, but it will not take on your legal responsibilities. Or you can choose to register as a full compliance scheme member.

If you find you place five tonnes or more EEE on the market during a compliance year and you’ve registered as a small producer, you must notify the relevant environmental regulator and join a compliance scheme within 28 days.

You can apply for approval to become a PCS where you will be the only member.

You may also have a producer obligation to finance the cost of collection, treatment, recovery, and environmentally sound disposal of non-household EEE arising from end-users.

Source: GOV.UK

For the full guidance, click here

Choosing waste exemptions for waste management activity

The EA have produced a guide on ‘Waste exemption guides’ on how to choose the right waste exemptions for your business, comply with exemption conditions, and know if you need to register. A waste exemption is a waste management activity that is exempt from needing an environmental permit. Each waste exemption has conditions that you must comply with. If you cannot meet the conditions, you may need an environmental permit to carry out the activity. You can register a waste exemption through the waste exemption service.

Read the guidance on this first as waste exemptions are grouped under four types of waste activity:

• Storing waste

• Treating waste

• Using waste

• Disposing of waste.

Each exemption has its own guidance setting out what activities are allowed and the conditions of the exemption.

All exemptions have to be registered, except for three relating to temporary storage and collection points – see the section ‘Exemptions you do not need to register’ in the guidance. See the full list of waste exemption guides.

You must comply with the conditions of each exemption to make sure you do not cause harm to people or the environment.

You must not: 

• cause risk to water, air, soil, plants, or animals, 

• cause a nuisance through noise and odours,

 • adversely affect the countryside or places of special interest. 

Read the list of waste exemption guides to make sure you register only what you need and can comply with the conditions. If you do not comply with waste exemption conditions, your activity will be illegal. The EA may deregister your exemption and take enforcement action.

Most waste exemptions must be registered with the EA through the waste exemption service. Your waste exemption will last for three years from the date you register. Details about your business and exemption will be added to the public register of exempt waste sites. 

Yards or land parcels with different addresses and correspondence addresses are separate units and should be registered as separate sites.

You cannot register more than one of the same exemption at the same place at the same time. Only the first registration will be valid. Only one business can register a particular exemption at one site. Other organisations cannot register the same exemption at that site. Only the first registration will be valid. You can renew your exemption at the end of the three-year registration period. You cannot renew your exemption earlier, or de-register and re-register it to increase the amount of waste allowed.

There are two waste exemptions that you need to register with your local council, not the EA. These are:

• T3 – treatment of waste metals and metal alloys by heating for the purposes of removing grease.

• T7 – treatment of waste bricks, tiles, and concrete by crushing, grinding, or reducing in size.

If the local council is:

• in England or Wales, you must register where your main business is,

• outside England and Wales, you must register where the waste activity is carried out.

Find a description of exemptions T3 and T7 in the Environmental Permitting (England and Wales) Regulations 2016.

If your waste activities are part of an installation process, those activities must be included in your installation permit. You must not use waste exemptions as part of an installation.

Source: GOV.UK

For the full guidance, click here

Eight new standard rules permits

The EA have issued eight new standard rules permits; these are as follows: –

• SR2022 No.1 – treatment of waste to produce soil, soil substitutes and aggregate (replaces SR2008, No.11, SR2009 No.6 and SR2010 No.12).
• SR2022 No.2 – mobile treatment of waste to produce soil, soil substitutes and aggregate (replaces SR2010 No.11).
• SR2022 No.3 – construction, demolition, and excavation waste transfer station (replaces SR2008 No.10 and SR2009 No.5).
• SR2022 No.4 – non-hazardous waste recycling with asbestos, hazardous batteries, cable and WEEE storage (replaces SR2008 No.3, SR2008 No.4, SR2008 No.7, SR2008 No.8, SR2015 No.6 and SR2015 No.10).
• SR2022 No.5 – non-hazardous waste transfer with asbestos, hazardous batteries, cable and WEEE storage (replaces SR2008 No.1, SR2008 No.2, SR2008 No.5, SR2008 No.6, SR2015 No.4, SR2015 No.5 and SR2015 No.8).
• SR2022 No.6 – household waste recycling centre (replaces SR2008 No.12, SR2008 No.13, SR2015 No.19 and SR2015 No.20).
• SR2022 No.7 – material recycling facility (replaces SR2008 No.14, SR2008 No.15 and SR2015 No.21).
• SR2022 No.8 – waste wood treatment (replaces SR2011 No.4 and SR2015 No.23).

The EA will be withdrawing the 28 standard rules that have been consolidated into the eight new permits after the three-month transitional period has ended. If sites are unable to comply with the new standard rules permits, then you may need to vary your current standard rules permit to a bespoke permit. Contact EMS for advice and a quote if you require a variation to a bespoke permit.

Source: GOV.UK

For the link to the standard rules, click here

Recyclability assessment methodology: how to assess your packaging waste

The EA have produced an overview of the Recycling Assessment Methodology (RAM) guidance. Under extended producer responsibility for packaging, large producers must report the recyclability of some packaging materials.

From 1 January 2025, liable producers who supply household packaging must assess the recyclability of that packaging and report the results of the assessment to the environmental regulator.

Different kinds of packaging receive different ratings i.e. red, amber, and green. The rating affects the disposal fee that will be charge for that packaging, sometime called ‘fee modulation.’ Only large producers (large organisations) must report their recyclability assessment data.

You must enter the results of your assessment on the packaging data file that you submit to the regulator through the report packing data service. The RAM will be reviewed and updated where appropriate once a year, in line with reporting periods for EPR for packing.

Source: GOV.UK

For the full guidance, click here.

Low risk waste positions: LRWP 15 removed

LRWP 15, storing and bagging spent mushroom compost has been withdrawn as it is no longer needed.

Source: GOV.UK

For the link to low-risk waste positions, click here.

Low risk waste positions: LRWP 8 removed

LRWP 8, treating waste carpet and carpet tiles for recovery has been withdrawn as it is no longer needed.

Source: GOV.UK

For the link to low-risk waste position, click here.

Temporary storage of waste upholstered domestic seating containing POPs: RPS 265

The EA withdrew RPS 265 on 2 of December 2024. Guidance has been issued on ‘Manage waste upholstered domestic seating containing Persistent Organic Pollutants (POPs)’.

Source: GOV.UK

For the full article, click here.

Appeal a regulatory decision from the Environment Agency

The EA has published guidance on how to appeal a regulatory decision from the EA or report when they have not followed the Regulators’ Code.

This procedure may be used if you want to submit a regulatory appeal against a recent regulatory decision that the EA had made, or a failure to act in accordance with the Regulators’ Code.

A regulatory decision is a decision taken in the exercise of a regulatory function, which is adverse to a regulated person. This can include taking steps that removes an operator from the regulated community, such as removing an operator from a register of exemptions. It also includes a setting a charge for a site which is payable under a charging scheme and decisions on regulatory report forms (for example, recording on a Compliance Assessment Report (CAR) that here has been non-compliance with a permit condition.)

This does not cover the ‘statutory right of appeal for a regulatory decision,’ you will need to follow the appeal process in the document you received from the EA.

Source: GOV.UK

For the full guidance, click here.

Articles of Interest

2024 UK’s fourth warmest year on record

According to the latest analysis, the Met Office says, ‘It was provisionally the fourth warmest year on record, behind 2022, 2023, and 2014’.

• 2024 Weather Overview: The UK experienced its fourth warmest year on record, with all top ten warmest years occurring since 2000.
• Storms and Extreme Weather: The year began with a series of significant storms, including Storm Henk, Isha, and Jocelyn, causing widespread damage and disruptions.
• Record-Breaking Temperatures: January saw a new maximum temperature record of 19.9°C in Achfary, Sutherland. February was the second warmest on record, with Southern England experiencing its wettest February.
• Northern Lights: The UK witnessed spectacular displays of the Northern Lights, visible even in London.
• Coolest Summer Since 2015: Summer 2024 was the coolest since 2015, with mean temperatures slightly below average in June and July.
• End-of-Year Weather: November ended with a significant cold snap and severe flooding caused by Storm Bert and Storm Darragh, leading to widespread damage and power outages.

Source: BBC

For the full article, click here

Government to crack down on waste incinerators with stricter standards for new builds

According to the Department of the Environment, Food and Rural Affairs (DEFRA), almost half of all waste collected by local authorities in 2022/2023 was incinerated with resources that could be recycled being lost.

• New Standards for Waste Incinerators: The UK government announced stricter local and environmental conditions for new waste incinerators to receive planning approval.
• Recycling and Incineration Rates: In 2022/23, 49% of waste collected by local authorities was incinerated, while only 40% was recycled.
• Efficiency and Environmental Impact: New projects must maximize efficiency, support economic growth, net zero goals, and the circular economy. They must also be Carbon Capture ready and make use of the heat they produce.
• Air Pollution Standards: New incinerators must meet high standards on air pollution and other environmental impacts, regulated by the EA.
• Future Capacity and Needs: Evidence suggests that tougher requirements will not negatively affect the country’s capacity to process waste and should decrease landfill use. By 2035, energy from waste plants is expected to handle 18.8 million tonnes of residual waste.

Source: DEFRA

For the full article, click here.

Enforcement Action

Farmer receives suspended prison sentence for waste offences

A Leicestershire farmer has been successfully prosecuted for polluting his fields and neighbouring land and for failing to comply with environmental permits. Advice and warnings from the EA officers were ignored by the farmer, the magistrates court told the farmer failed to comply with the environmental permits and the court imposes a remediation order to deal with the contaminated land and

The farmer from Countesthorpe was found guilty of five charges. The farmer received a nine-week period of imprisonment for each, suspended for a year. The court also imposed a remediation order to deal with the land contamination which had arisen.

The offences occurred between 26 April 2018 and 15 May 2020. Complaints had been made regarding large quantities of litter. The EA carried out an audit in April 2018 of the composting and land spreading operations both of which were regulated by environmental permits. The permits allowed the composting of green waste and untreated wood and the spreading of the resulting compost, providing it met quality standards. The compost produced did not meet the specification to be spread on the farm fields as a fertiliser substitute due to contamination. The material had been inadequately composted and was heavily contaminated with plastic, metal, textiles, rubber and treated wood. The separated loose plastics were not stored in such a way that they were allowed to escape across the surrounding countryside. Contaminated compost had been spread onto and ploughed into the farmland. It was also stockpiled illegally in windrows outside the permitted site.

An enforcement notice was served on 12 April 2019 requiring the defendant to stop accepting treated wood waste and to remove any treated wood already on the site. The defendant filed to comply with the notice. The defendant applied for permission to spread the compost onto his fields. The defendant had declared the stockpiles were free of contamination, forensic analysis by the EA found that all 44 of the sample taken, failed.

The EA was so concerned about the contamination of the fields and surrounding environment that it was applying to the court for a Remediation Order against the defendant. The Order was granted and specifying that the clean-up must be completed by noon on 12 December 2027.

Source: GOV.UK

For the full article, click here

Environment Agency issues closure notice to landfill site

The EA issued a closure notice after exhausting other enforcement options from 29 November 2024 for a site at Newcastle-Under-Lyme. The closure notice starts the process of permanently closing the landfill site.

The Notice, which had been issued after exhausting other enforcement options, sets out that the company must stop accepting new waste and take effective measures to prevent landfill gas emissions from affecting the local community.

The notice starts the process of permanently closing the Newcastle-under-Lyme site, after the company was given time to put effective measures in place to manage emissions and yet failed to do so.

The company of the site will now be required to permanently cap the remainder of the site and install further landfill gas management infrastructure. Lorries will only be allowed to enter the site to bring in materials for those purposes.

Source: GOV.UK

For the full article, click here

Company fined after an explosion seriously injured two employees

A joint prosecution by the EA and the Health and Safety Executive (HSE) of a Nottingham company. The company was fined £304,500 and ordered to pay costs of £229,988.

A company which produces electricity from food waste by anaerobic digestion, has been fined more than £300,000 after an explosion caused two employees to suffer life changing injuries. The metal tank the two men were working on was projected high into the air before crashing to the ground nine seconds later.

Footage of the blast has been released and can be seen here.

The joint investigation by the Health and Safety Executive (HSE) and the EA found that the company had failed to ensure the health and safety of its employees and others nearby. The company had kept and treated waste in a manner likely to cause pollution to the environment. The explosion was caused by multiple failures in the company’s management system and exacerbated by multiple breaches of the company’s environmental permit.

At a hearing at Nottingham Crown Court on 22^nd of November 2024, the company:

• pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974,
• pleaded guilty to breaching regulation 38(2) of the Environmental Permitting (England & Wales) Regulations 2016 (EPR), and s.33(1)(c) of the Environmental Protection Act 1990 (EPA).

Source: GOV.UK

For the full article, click here

Events

Environmental Legal Compliance Support Service

As legislation surrounding environmental management becomes more complex, our team of environmental experts at EMS can give you peace of mind that your environmental legal responsibilities are met.

• Quarterly report, emailed to nominated personnel, containing information on new and amended legislation, as well as news, guidance, consultations, case law, prosecutions, and expert commentary.
• Set number of hours of consultancy support delivered in various formats – email, phone, site visit, etc.
• Snapshot environmental audit to review site operations against legal requirements and an associated compliance action plan.
• Quarterly legal register updates on new, amended, or revoked legislation which will be made available in easily digestible summaries with explicit commentary on how to maintain compliance.
• Discounts on accredited and non-accredited environmental training courses provided by our practicing environmental consultants.

EMS subscription service is available in three different formats: bronze, silver, and gold. However, if your business’ requirements do not perfectly align with one of our packages, we can amend the package to meet the needs of your business.

Environmental legal registers updates produced by our environmental consultants will include a summary of all regulatory requirements and guidance documents, remarks on the requirements placed on your business, the associated regulator and a summary of control measures that are in place to ensure compliance. The legal register will include regulatory categories such as waste management, energy management, statutory nuisance, and hazardous substances.

Contact EMS for our subscription service.

Source: EMS

For further details, click here

Big Garden Birdwatch

In your garden, or on your patch, between 24^th and 26^th of January 2025, for one hour.

The big garden birdwatch is the world’s largest garden wildlife survey.

Across the UK, over 600,000 people took part in Big Garden Birdwatch 2024, counting a whopping 9.7 million birds! House Sparrows took the top spot, but counts of these chirpy birds are down by 60% compared to the first Birdwatch in 1979. In fact, we have lost 38 million birds from UK skies in the last 60 years. With birds facing so many challenges, it is more important than ever to get involved in the Birdwatch. Every bird you do – or don’t – count will give us a valuable insight into how garden birds are faring.

Source: RSPB

To register, click here

IEMA UN Biodiversity COP16 – Now the dust has settled, what does it mean for business?

Online webinar Tuesday 14 January 2025 12:30-13:15 GMT

This online webinar will talk about the aims of COP16 and the actual outcomes, decisions made, and opportunities missed.

This informal panel discussion will include William Lockhart OBE, DEFRA’s chief negotiator at COP16, Robert Spencer, global lead on sustainability strategy at AECOM, and Sarah Mukherjee MBE, CEO at IEMA. All three panel members attended COP16 and will bring their reflections and thoughts on the future of biodiversity following the UN conference.

From 22 October to 2 November 2024, nearly 20,000 environmental professionals, and delegates from 196 countries, met in Colombia at the UN biodiversity COP16 conference. The aim for negotiators was to discuss the implementation of the 23 biodiversity targets agreed in 2022 in the Global Biodiversity Framework.

Targets included protecting 30% of land and sea by 2030 (30×30), reducing pollution, mandating organisations to report on their biodiversity impacts and dependencies and enabling people to make sustainable consumption choices.

For COP16, all member countries were asked to submit their National Biodiversity Strategy and Action Plans (NBSAPs).

To catch-up ahead of the webinar, view the COP16 primer: https://www.iema.net/media/suwjvpqi/cop16-explained.pdf, and Sarah Mukherjee’s round up: https://www.iema.net/resources/blogs/2024/11/cop16-roundup-key-highlights-and-takeaways/

Source: IEMA

To register, click here