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The Environmental Permitting Regulations
The Environmental Permitting Regulations came into force on 6 April 2008 and have combined separate waste and pollution control (PPC) systems to allow single environmental permits and common procedures.
The Regulations aim to reduce and simplify rules and provide clearer guidance focussing more on environmental outcomes and less on how they are achieved. Existing WMLs or PPC permits automatically became Environmental Permits from the date the Regulations came into force.
The EP Regulations aim to deliver more flexibility for industry and a simpler risk based system for regulators along with continued protection of the environment and Human health. Operators will be able 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 permits as activities change or new activities are started;
• allow operators to combine PPC permits and Waste Management Licences which are currently on the same site into a single permit;
• 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
Standard Permits
Standard permits have been developed for a number of activities. A standard permit only has one condition and refers to a fixed package of standard rules to which a standard permit holder needs to adhere. The Environment Agency will not need to consider site specific conditions and there will be no need for public consultation. Therefore, standards permits will cost less, will involve less paperwork, will be easier and quicker to obtain and will generally be suitable for activities that are thought to be of low risk to the environment.
Standard Permits will be outcome focussed i.e. they will set out standards to be achieved but will not set prescriptive methods for achieving the standards.
Application for a standard permit will be voluntary and the condition in a standard permit cannot be varied and cannot be appealed. If operators feel that a standard permit is no longer applicable to their site, they will be able to apply for a bespoke permit, which will have conditions set by the Environment Agency specifically for the facility.
Operator Competence
A new framework allows operators to demonstrate technical competence via operator competence schemes approved by Defra and the Welsh Assembly Government. Currently two schemes have been approved: The ESA/EU Skills Competence Management System (CMS) and the CIWM/WAMITAB Operator Competence Scheme.
The ESA/EU Skills CMS will allow operators to demonstrate technically competent management of permitted activities on the basis of both corporate competence and employees’ individual competence. The Scheme allows operators to use a management system approach to demonstrate operator competence.
The CIWM/WAMITAB scheme maintains the principle that Technically Competent Management of sites is based on individuals demonstrating personal competence, within a prescribed framework, with different levels of technical competence, proportional to the risk posed by the site.
Enforcement
The ‘due diligence’ statutory defence, which currently only exist for Waste Management offences has been removed. The ‘emergency’ defence, which currently also only exists for Waste Management offences will be extended to PPC offences.
Appeals
Appeals will be allowed against key regulatory decisions concerning permits, but not where further information has been requested by the regulator. Time limits for making appeals will be harmonised to four months for new permits and two months for variation, suspension and enforcement notices. Regulators will be obliged to give effect to appeal decisions by varying permits.
Geographic Scope
EPP will apply to onshore activities in England and Wales.
EPP2
The EPP2 consultation was launched in Feb and 2009 and proposes to extend the single EP system formed under EPP1 to create a single risk- based environmental permitting and compliance system for an extended range of regimes. These include:
• Water Discharge Consents: Permits to control certain discharges to surface water
• Groundwater Authorisations: Permits to control the disposal of specific substances into groundwater, and;
• Radioactive Substances Regulations.
• Water abstraction and impoundment
• Licensing of some waste carriers and brokers
• Permitting and compliance requirements of pipeline EU directives such as those relating to the batteries directive and Mining Waste Directive
Further details on the EPP can be found on Defra’s website at: http://www.defra.gov.uk/environment/epp and on the Environment Agency’s website at: www.environment-agency.gov.uk/epr
Sept 2009
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