New publications this month:

ENVIRONMENT AGENCY

Beta version of updated IED derogation cost-benefit analysis tool

A beta version of this tool has been issued, which includes January 2019 air quality damage costs. This tool is to be used when applying for a derogation against the requirements of the Industrial Emissions Directive.

WEEE: evidence and national protocols guidance

Guidance on how Authorised Approved Treatment Facilities (AATFs) and Approved Exporters (AEs) of waste electrical and electronic equipment (WEEE) can issue evidence of recovery and recycling of this waste has been updated.

COVID-19 regulatory position statements

Two further temporary regulatory position statements have been issued to address the impact of COVID-19 restrictions. Expiry dates applicable are listed in each statement.

• COVID-19 and storing waste at unpermitted sites due to exceeding your storage limits: RPS C17
• Emissions to air from Large Combustion Plant in the Transitional National Plan: RPS C18

The following three statements were updated during May 2020:

• Social distancing when signing and handing over waste transfer and consignment notes in person: RPS C8 (updated for clarity purposes and removed requirement for a date of birth)
• Monitoring emissions from some environmental permitting activities: RPS C7 (expanded to include water discharge and groundwater activities and expiry extended until 30 September 2020)
• Cleansing and PPE waste at a healthcare waste management facility: RPS C1 (expanded to include separately collected PPE waste (EWC 15 02 03) and expiry date extended until 30 September 2020)

Regulatory Position Statements

The expiry date of the following statement has been extended until 31 January 2021:

• Classifying waste wood from mixed waste wood sources: RPS 207

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Domestic private rented property: minimum energy efficiency standard - landlord guidance

This guidance has been updated to reflect that landlords may no longer let or continue to let domestic private properties that do not achieve grade E on the energy performance certificate (EPC) scale.

MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

Coronavirus (COVID-19): planning update

This document provides guidance on temporary changes to the planning system in England due to the COVID-19 outbreak.

Planning: Consultation and pre-decision matters

Guidance is provided on temporary changes to publicity requirements and consultation for developments in England during the COVID-19 emergency period.

Coronavirus (COVID-19): Energy Performance Certificates

This guidance has been updated to reflect changes to COVID-19 restrictions and guidance in England and Wales.

SEPA, NATURAL RESOURCES WALES, DEPARTMENT OF AGRICULTURE, ENVIRONMENT & RURAL AFFAIRS (DAERA), NORTHERN IRELAND ENVIRONMENT AGENCY (NIEA)

Guidance for Pollution Prevention (GPP) 25: Hospitals and healthcare establishments

Guidance on pollution prevention is provided for public and private facilities, sites and establishments provide healthcare and associated services. This includes hospitals, health centres, community healthcare, general practitioner (GP) surgeries, dental services, long-term care facilities, hospices, pharmacies and veterinary practices.

This guidance is targeted at these premises in Scotland, Wales and Northern Ireland only.

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Managing waste during COVID-19: Information for waste producers

Temporary guidance is provided for producers of waste in Scotland during the COVID-19 outbreak.

Managing waste during COVID-19: Information for the waste management sector

Temporary guidance is provided for Scottish waste management operators during the COVID-19 outbreak.

Temporary Regulatory Position Statements and Guidance due to COVID-19

The following temporary regulatory position statements were published by SEPA during May 2020. These reflect challenges during the COVID-19 outbreak. These concern the management of household waste in Scotland:

• Temporary Household Waste Collection Points; and
• Reopening Household Waste Recycling Centres.

WELSH GOVERNMENT

Guidance to local authorities on re-opening recycling centres: COVID-19

Local authorities are advised on measures that should be undertaken to re-open household waste and recycling centres during the COVID-19 pandemic. These facilities were allowed to re-open in Wales from 18 May 2020.

Amendments to pre-application consultation procedures, Community Council Consultation and Developments of National Significance

This document provides guidance on temporary changes to the planning system Wales due to the COVID-19 outbreak.

DAERA

Guidance on maintaining drinking water quality when reinstating water supplies following temporary closure

Guidance is provided on water supply risks and their control for businesses reopening after the COVID-19 outbreak.

BREXIT UPDATE

During May 2020, the UK Government published its draft intended text of a UK-EU free trade agreement. This is supported by a series of Annexes to the draft agreement, concerning matters including energy, air transport, fisheries and civil aviation safety.

The European Commission published its own text (Draft Text of the Agreement on the New Partnership with the United Kingdom) in March 2020, with differing expectations. In general, the UK Government’s draft is less specific on the environmental topics it covers and the commitments made.

Any trade agreement implemented would apply from the end of the post-Brexit transition period, which is due to end on 31 December 2020 at the time of writing.

Additionally, the UK’s Approach to the Northern Ireland Protocol was published in May 2020. This does not include specific expectations on the environment bar a restatement of the commitment to continue to apply EU sanitary and phytosanitary rules  in Northern Ireland.

DRAFT UK-EU COMPREHENSIVE FREE TRADE AGREEMENT (CFTA)

The UK and EU would need to agree to the contents of this draft and ratify it for its requirements to come into force. An overview of draft environmental commitments is provided below.

General Principles of Environmental Law and Protection

The agreement would broadly commit both the UK and EU to maintaining levels of environmental protection that are in place at the end of the transition period. The following draft commitments are also included:

• The right to regulate on environmental matters including climate change and animal health and welfare. (safety, public health) This includes through setting environmental policies, levels of environmental protection and adopting or modifying its laws (in accordance with international agreements, as applicable).
• To encourage high levels of environmental protection and to strive to improve them.
• To enhance enforcement of environmental labour law, while respecting the associated international agreements.
• To prohibit actions to weaken, reduce, derogate, waive or fail to enforce environmental law in order to encourage trade or investment.
• To provide access to environmental justice.
• To ensure the conservation and sustainable management of forests, including trade in associated products
• To apply the precautionary principle on environmental protection.

The draft agreement also establishes arrangements to resolve disputes or disagreements regarding environmental protection between the parties.

Environmental Cooperation

Under the draft agreement, the UK and EU would be required to cooperate on trade-related environmental issues, including:

• Potential impacts of the agreement on the environment and how this should be addressed;
• Activities in international forums regarding trade and environmental policies;
• Environmental elements of corporate social responsibility;
• Trade impacts of environmental regulations and standards;
• Trade and investment in environmental goods and services (e.g. green technologies);
• Trade-related aspects of conservation and sustainable use of biological diversity;
• Promoting the life-cycle management of goods, including extended producer responsibility, carbon accounting, recycling and reduction of waste;
• Improving the understanding of the environmental effects of economic activity and market forces; and
• Exchanging views on the relationship between international agreements and trade rules.

Promotion of Sustainable Development

Proposed commitments on environmental protection are also set out:

• To promote sustainable development, including through environmental policies.
• To cooperate and promote trade supporting sustainable development, including environmental development. Measures to achieve listed in the draft agreement include:
  • Voluntary sustainability schemes for goods and services;
  • Best practices for corporate social responsibility;
  • Encouraging the consideration of sustainability in private and public consumption decisions; and
  • Environmental performance goals.
• To promote trade and investment in environmental goods and services.
• A Committee on Trade and Sustainable Development would be formed to oversee the agreement.

Sanitary and Phytosanitary Measures

The draft agreement includes suggested measures to protect human, animal and plant life or health and the environment while facilitating trade. This includes:

• To cooperate on animal welfare, the fight against antimicrobial resistance and on international standard setting bodies.
• To communicate sanitary and phytosanitary measures on products effectively between the UK and EU (including emergency measures), while applying them efficiently.
• To recognise animal health and plant pests and associated pest or disease free and affected areas in the UK and EU.
• To continue implementing international standards, guidelines and recommendations on sanitary and phytosanitary measures.

Draft Text for an Agreement on Energy

Energy and climate change are subject to a separate draft Annex for agreement between the UK and EU. Draft obligations under this draft are more specific. This includes the following commitments relevant to climate change and the environment:

• The continued application of the 2015 Paris Agreement on climate change, specifically committing to:
  • holding the increase in global average temperature to well below 2ºC below pre-industrial levels; and
  • pursuing efforts to limit the temperature increase to 1.5ºC below pre-industrial levels.
• To enable each party to establish their own climate change priorities, law and policies to comply with international climate change agreements.
• To ensure that laws and policies encourage high levels of climate protection and to continue improve this where possible.
• To support trade or investment in goods and services relevant to climate change mitigation or renewable energy.
• For the UK and EU to cooperate on:
  • policies, rules and measures supporting the Paris Agreement;
  • the transition to low greenhouse gas emission and climate-resilient development;
  • trade related aspects of international climate change;
  • domestic policies and programmes relating to climate change mitigation and adaptation (including regarding carbon markets, energy efficiency improvement and low carbon or other climate friendly technologies);
  • trade and investment in renewable energy and energy efficiency goods and services.
• For future UK-EU energy collaboration, including on the development of offshore wind, electricity and gas trading and interconnectors, hydrogen networks and carbon capture and storage.
• To consider linking any future UK emissions trading system with the EU Emissions Trading Scheme (EU ETS).

Arrangements for consultation, cooperation and dispute settlement between the UK and EU are also stated.

Arrests made following raid on Lincolnshire illegal waste site

Two people have been arrested after the Environment Agency and Lincolnshire Police raided an illegal waste site on 30 April 2020.

Intelligence gathered identified that lorry-loads of waste, including plastics, commercial waste and household furniture had been accepted onto the site in Long Bennington and burned illegally. Smoke from the burning waste piles, some of which were the size of houses, were having a significant impact on local people and placing the environment at risk.

Environment Officers observed that activity at the site had been intensifying in recent weeks, despite strict lockdown measures during the COVID-19 outbreak. The site has been subject to ongoing investigations for illegal waste activity while successive businesses have taken over operations before going bust.

Officers last visited the site at the end of January, arriving unannounced with police and planning enforcement officers from Lincolnshire County Council to carry out a full regulatory inspection.

Legal notices were issued and all entrances to the site have been blocked, halting activity at the site.

Investigations into environmental incidents continue during lockdown

Natural Resources Wales (NRW) is carrying out a joint investigation with the Police into damage to water vole habitat in North East Anglesey.

A member of public reported the incident to NRW as they were concerned that damage to a water vole habitat was taking place. Environment Officers attended the site and identified extensive works had been carried out without the necessary environmental permits.

As a Category 1 Emergency Responder, NRW has a duty to respond to environmental incidents. NRW also deals with wildlife and habitat offences in Wales.

Work on main rivers requires an environmental permit from NRW.