Environmental Permitting (England and Wales) Regulations 2016
The Environmental Permitting (England and Wales) Regulations 2016 S.I. No. 1154 ("the 2016 Regulations") consolidate and replace the Environmental Permitting (England and Wales) Regulations 2010 S.I. No. 675 which had been amended 15 times.
These amendments included provisions to strengthen powers for regulators to tackle illegal operators and provisions to add a new permitting regime for flood defences[1]. The 2016 Regulations set out an Environmental Permitting and compliance regime that applies to various activities and industries[1]. They entered into force on 1st January 2017.
Overview
As well as consolidating and updating the previous environmental permitting legislation they also amend a wide range of Acts including the Control of Pollution Act 1974, the Water Industry Act 1991, Clean Air Act 1993 and Goods Vehicles (Licensing of Operators) Act 1995[2]. One hundred and twenty-one Statutory Instruments also have amendments made under these Regulations.
Furthermore there is also a set of amendments to the 2016 Regulations which revise the rules for mobile crushing of lamps that contain mercury (the T17 exemption)[1]. This restricts those who are able to crush lamps under the T17 and reduce the number of lamps which can be crushed without a permit[1].
The Environmental Permitting (England and Wales) Regulations 2016 have also been used to transpose many EU Directives into domestic law. Each Directive or policy area covered by the Environmental Permitting (England and Wales) Regulations 2016 has a speciifc schedule[3].
Policy Area | EPR Schedule |
|---|---|
Chapter II Industrial Emissions Directive (Integrated Pollution Prevention and Control) | 7 – Part A installations |
Part B installations and Part B mobile plant | 8 – Part B installations and Part B mobile plant |
Waste Framework Directive | 9 – Waste operations and materials facilities |
Landfill Directive | 10 - Landfill |
End-of-Life Vehicles Directive | 11 – Waste motor vehicles |
Waste Electrical and Electronic Equipment Directive | 12 – Waste Electrical and Electronic Equipment |
Chapter IV Industrial Emissions Directive | 13 – Waste Incineration |
Chapter V Industrial Emissions Directive | 14 – Solvent emission activities |
Chapter III Industrial Emissions Directive | 15 – Large Combustion plants |
Asbestos Directive | 16 – Asbestos |
Chapter VI Industrial Emissions Directive | 17 – Titanium dioxide |
Petrol Vapour Recovery Directive | 18 – Petrol vapour recovery |
Batteries Directive | 19 – Waste batteries and accumulators |
Mining Waste Directive | 20 – Mining Waste operations |
Water discharge activities | 21 – Water discharge activities |
Groundwater activities | 22 – Groundwater activities |
Basic Safety Standards Directive | 23 – Radioactive substances activities |
Energy Efficiency Directive | 24 – Efficiency in heating and cooling energy |
Flood risk activities and excluded flood risk activities | 25 – Flood risk activities and excluded flood risk activities |
Medium Combustion Plant Directive | 25A - Medium combustion plants |
Specified generators | 25B - Specified generators |
In late November 2018, DEFRA published the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018[2]. These amendments strengthen the assessment and enforcement of operator competence and require that all waste sites operate in accordance with a written management system. These amends came into force on 7th April 2019[2].
References:
- Explanatory Memorandum to the Environmental Permitting (England and Wales) Regulations 2016
- Wiser Environment
- DEFRA Environmenal Permitting Core Guidance
