Environmental Permitting Regulations
On the 13th December 2007, following four consultations (reported on in previous issues of in Touch), The Environmental Permitting (England and Wales) Regulations 2007 (SI 2007 No. 3538) were made in parliament and come into force on the 6th April 2008.
The Environmental Permitting (EP) Regulations introduce a single environmental permitting and compliance regime to apply in England and Wales. This regime streamlines and combines Waste Management Licensing (WML) and Pollution Prevention and Control (PPC) to create a single environmental permit with a common approach to permit applications, maintenance, surrender and enforcement.
Environmental Permitting reduces the administrative burden of regulation on industry and regulators without compromising the environmental and human health standards previously delivered by the previous separate regimes.
For operators who currently have a WML or a PPC permit, all WMLs and PPC permits will automatically become environmental permits when the EP Regulations come into force. No fresh applications will be required from the holders of licences or PPC permits. For operators who have outstanding WML and PPC permit applications, these will automatically become environmental permits if the application is granted. The operator of a new facility will need to obtain a permit, or a waste exemption, before they can lawfully operate.
For the PPC sector there will be very little change to operations. The new regime will look and feel much like the PPC regime. EP will, however, benefit those operators who have both PPC and WML permitted activities. If operators choose (and the Regulators agree) these permits can be combined into a single permit, so simplifying administration for operators and the Regulator.
For the waste sector the new regime brings increased flexibility, allowing an operator to:
transfer or surrender their environmental permit partially or completely
extend the licensed area of their site by variation
more simply change the terms of their environmental permit as activities change or new activities are started
Demonstrate technical competence through a scheme approved by Defra and the Welsh Assembly Government
apply for a standard permit
consolidate a number of WML and PPC permits on the same site into one environmental permit.
One of the most important changes in the new regime will be the introduction of standard rules and standard permits. Under the EP Regulations, standard permits will be available from the Environment Agency. A standard permit is a permit with only one condition. The condition refers to a fixed package of rules to which a standard permit holder needs to adhere. These rules are called standard rules. These cover a number of low to medium risk activities that currently require a waste management licence, such as waste transfer stations and civic amenity sites. Standard rules define how the operator must carry out the activity, for example by limiting the types of waste that can be brought onto the site. If an operator wishes to carry out one of the activities covered and believe that they can comply with the standard rules, then they can apply for a standard permit. This will be cheaper and quicker than applying for a bespoke permit, which will require more detailed assessment.
The full text of the Regulations is available from:
http://www.opsi.gov.uk/si/si2007/uksi_20073538_en_1
Further information on Environmental Permitting is available from:
http://www.defra.gov.uk/environment/epp/index.htm
Sources: www.opsi.gov.uk and www.defra.gov.uk (accessed 02/01/08)