New publications this month:

INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (IPCC)

Sixth Assessment Report of the Intergovernmental Panel on Climate Change: Climate Change 2021 - The Physical Science Basis - Summary for Policymakers

The assessment presents the key findings from the Working Group I contributions to the IPCCs Sixth Assessment report (AR6).  The headline statement from the assessment is that there is unequivocal evidence that human influence has warmed global environments and no region has escaped the impacts of weather and climate extremes.

The report concludes that greenhouse gas emissions from human activities are responsible for approximately 1.1°C of warming since 1850-1900. The report also finds that averaged over the next 20 years, global temperature is expected to reach or exceed 1.5°C of warming.

Many climate system changes will increase directly due to increased warming, including the frequency and intensity of hydrometeorological extremes. With the accumulation of CO2 in the atmosphere marine and terrestrial carbon sinks will become less effective.

Increasing temperatures will also impact numerous systems in different regions, including water cycle intensification, changing rainfall patterns, continued sea level rise and permafrost thaw, increased ocean acidification, marine heatwaves and reduced water oxygen levels. Additionally, the report projects amplification of risk in cities from heat stress, precipitation events and sea level rise.

The Sixth Assessment Report provides a more detailed regional assessment of climate change, including information to inform risk assessment, adaptation, and other decision-making, and a new framework that helps translate physical changes in the climate into what they mean for society and ecosystems.

Mitigation and Scenarios

The report states that sustained and strong reductions from CO2 emissions and other greenhouse gases would limit climate change. CO2 concentrations currently stand at an annual average of 410ppm. While some changes have a long feedback period, such as continued sea level rise, improvements in air quality would arise relatively quickly and a stabilisation of temperature could take around 20-30 years. 

In addition to strong emission reductions of CO2, rapid and sustained methane (CH4) emission reductions are required to improve air quality and limit warming effect.

Scenarios with low or very low greenhouse gas emissions (SSP1-1.9 and SSP1- 2.6) would lead within years to discernible effects on greenhouse gas and aerosol concentrations and air quality, relative to high and very high GHG emissions scenarios (SSP3-7.0 or SSP5-8.5). Under these contrasting scenarios, discernible differences in trends of global surface temperature would begin to emerge from natural variability within around 20 years, and over longer time periods for many other climatic impact-drivers.

ENVIRONMENT AGENCY

Water abstraction plan 2017: Integrating abstraction and impounding with the environmental permitting regime

This document has been updated to reflect that a consultation will be undertaken on integrating the abstraction and impounding regime with the environmental permitting regime in September 2021. This change is not expected to take place before 2023.

Get an opinion from the definition of waste service

The definition of waste service has reopened. This provides the Environment Agency’s opinion on whether material is a by-product or meets end of waste status. A fee is charged.

Get advice before you apply for an environmental permit

Information is provided on the Environment Agency’s pre-application advice services for prospective environmental permit applicants.

MCERTS personnel competency standard: manual stack emissions monitoring

Mandatory standards for persons undertaking manual stack emissions monitoring are set out under the MCERTS scheme.

Waste incinerator plant: apply for R1 status

A section on the mandatory five-yearly reassessment of boiler efficiency has been added.

Groundwater activity exclusions from environmental permits: Discharge onto ground of public water supply auto analyser waters

This guidance has been updated to add an exclusion for the discharge of public water supply auto analyser waters to groundwater. A permit is not required where the associated conditions set are met.

Regulatory Position Statements (RPSs)

The following RPS was updated during August 2021:

• Spreading organic manure on agricultural land: RPS 252 (updated)

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Classifying portable and industrial batteries

Guidance is provided on the definition of different types of batteries under the Batteries and Accumulators (Placing on the Market) Regulations 2008 and Waste Batteries and Accumulators Regulations 2009.

Waste collection services: guidance for local authorities (England only)

Guidance is provided on the prioritisation of waste collection services when an unexpected pressure arises on resources.

DEFRA, ENVIRONMENT AGENCY AND NATURAL RESOURCES WALES

Check if your material is waste

Guidance has been published on how to determine whether materials are waste, by-products, or qualify under end-of-waste criteria. This outlines the conditions (tests) that must be met for each classification. This will affect how the material must be managed.

Decide if a material is waste or not: general guide (updated version of part 2 of original full document)

This updated section of the previous definition of waste document reflects changes as a result of the 2018 Waste Framework Directive.

Definition of waste: 2018 Waste Framework Directive amendments

Guidance is provided on the updated definitions of ‘waste’, ‘by-products’ and ‘end of waste’ now applied.

DEFRA AND ENVIRONMENT AGENCY

River modelling: technical standards and assessment

Standards have been provided on the construction and review of hydraulic models for flood risk management decisions.

DEFRA AND FORESTRY COMMISSION

Maintain new trees after restocking

Guidance is provided how land managers should look after newly planted trees after restocking due to damage by pests or disease.

Fell diseased trees

Guidance is provided on felling diseased trees to slow the spread of pests and diseases and protect other trees.

Kill diseased trees by using chemicals

Guidance is provided on killing diseased trees.

Improve infrastructure for managing woodlands

Guidance is provided on improving permanent access and infrastructure at woodlands.

Replace trees after felling due to pests and diseases

Guidance is provided on restocking trees where removals have needed to be undertaken because of pests or disease.

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Opt out of the UK ETS if your installation is an ultra-small emitter

Organisations emitting less than 2,500 tonnes of carbon dioxide equivalent (CO2eq) annually may opt-out from the UK ETS. Guidance is provided for ultra-small emitters. 

COAL AUTHORITY

Get a permit to deal with coal or coal mines

Guidance is provided on how permission may be obtained to enter, disturb or change coal mines or coal.

HM REVENUE AND CUSTOMS

Further information for businesses

Guidance on ‘finished packaging components’ has been extended to assist businesses.

MARITIME AND COASTGUARD AGENCY

Contingency planning for marine pollution preparedness and response: guidelines for ports

This document has been updated.

WELSH GOVERNMENT

Flood and coastal erosion risk management: adapting to climate change

Advice is provided on how flood and coastal risk management projects and strategies must consider climate change impacts.

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS (DAERA)

Noise and Vibration Management Guidance for PPC installations

Updated guidance has been provided on the management of noise and vibration at permitted installations.

Large national waste contractor fined £1.5 million for waste export breaches

Biffa Waste Services Ltd (Biffa) has received a major fine after it was again found to have broken rules on waste exports. The company previously received two convictions for illegally sending waste to China between May and June 2015.

Biffa was found to have transferred materials that may not be exported to developing countries. Biffa’s latest breaches of export legislation involved rolling contracts to send vast amounts of waste to India and Indonesia. Material exported illegally included 50,000 tins; 40,000 plastic bags; 25,000 items of clothing and 3,000 nappies. Other items included a frying pan, condoms and a souvenir New York t-shirt. Investigators recorded “a strong putrid” smell and an “acidic aroma.” The waste materials were transferred during 2018 and 2019.

Investigators held 16 25-tonne containers associated with the export at Southampton, but 26 more had already left the port. The rolling monthly contracts were found to be worth a combined £39,500.

Judge Shane Collery QC told Wood Green crown court Biffa had shown no contrition. He found the company’s previous comments about being picked on by the Environment Agency and no public interest served in being prosecuted a second time as “aggravating and unattractive.”

Breaches

Biffa was convicted of four breaches of Regulation 23 of the Transfrontier Shipment of Waste Regulations 2007 between October 2018 and April 2019.

• Regulation 23 makes it an offence to transport certain waste for recovery to a country to which the OECD Decision on the Transboundary Movements of Wastes Destined for Recovery Operations.

Penalty

Biffa was fined £1.5 million and was ordered to pay costs of £153,827.99 alongside a proceeds of crime order of £38,388.

Some 700 cubic metres of waste were discovered at the site by Environment Agency officers

Lincolnshire man prosecuted for operating an illegal waste site

A Lincolnshire man’ has received a suspended prison sentence and had his van and funds confiscated for storing and burning waste illegally at a site in Holbeach.

The man was found to have burned a variety of waste at his property without an environmental permit or registered waste exemption. He was also found to be storing more than 600 fridges at the site.

The man burned waste at the site, including fridges, which are classed as hazardous material and therefore require specialist disposal.

Environment Agency officers visited the site on six occasions, starting in April 2018. The officers told the man verbally and in writing to stop bringing waste to the site and burning it. They also told him to take the waste to an authorised waste site for recycling or disposal. Officers later issued the man with statutory notices. On returning to the site, the officers found more waste had been brought to the site and burned.

Waste observed at the site during the visits included household waste, furniture, mattresses, clothing, paint cans, toilets, televisions and numerous fridges. Some of the rubbish had been burned, prompting neighbours to complain about the smoke generated.

Breaches

The man was prosecuted for operating a facility for the deposit, treatment and storage of waste between September 2015 and February 2021, contrary to Regulation 12 and Regulation 38(1)(a) of the Environmental Permitting (England and Wales) Regulations 2016:

• Regulation 12 prohibits persons from operating a regulated facility and undertaking water discharge or groundwater activities unless suitably authorised by an environmental permit.
• Regulation 38(1)(a) makes it an offence to contravene Regulation 12(1).

The man was also prosecuted for the disposal of controlled waste in a manner likely to cause pollution of the environment or harm to human health between April 2018 and February 2021, contrary to Section 33(1)(c) and (6) of the Environmental Protection Act 1990, as amended:

• Section 33(1)(c) prohibits persons from treating, keeping or disposing of controlled waste or extractive waste in a manner likely to cause pollution of the environment or harm to human health.
• Section 33(6) makes it an offence to breach Section 33(1)(c).

Penalties

The man received an 8 month sentence, suspended for 2 years on condition he completes 250 hours of unpaid work and complies with a 3 month 7pm to 7am curfew.

The man’s available assets of £8,317 were ordered to be confiscated after it was calculated he benefited from his illegal waste activities by £144,000. No order was made for costs because of the man’s limited means.

Man fined for illegally dumping waste in North London

A man has been fined for dumping waste illegally on an Edmonton industrial estate.

The incident happened after travellers moved onto land owned by Enfield Borough Council on the Montagu Industrial Estate in December 2017. The travellers then then occupied vacant buildings on land off Dane Road and Barnes Road. The buildings and surrounding land were subsequently subject to the large-scale dumping of waste. The defendant claimed he was moving the waste that he dumped to make space for his sister’s caravan and received no financial reward.

The court heard how CCTV footage showed waste, including a table, being dumped onto land close to the junction of Barnes Road and Pegamoid Road, Edmonton, from a white panel van registered to the man. He had previously been convicted of a similar offence of depositing controlled waste without a licence.

Breaches

The man pleaded guilty to a charge of unlawfully depositing waste on 13 January 2018, contrary to Section 33(1)(a) and (6) of the Environmental Protection Act 1990.

He was originally charged with an alternative of knowingly causing waste to be deposited on 13 January 2018, contrary to Section 33(1)(a), (5) and (6) of the Environmental Protection Act 1990.

• Section 33(1)(a) prohibits persons from depositing (or knowingly causing or permitting) controlled waste or extractive waste to be deposited in or on land unless an environmental permit is in force and the deposit complies with this authorisation.
• Section 33(5) makes persons controlling or in a position to control the use of a motor vehicle responsible for knowingly causing waste to be deposited from a vehicle when this occurs.
• Section 33(6) makes it an offence to breach Section 33(1)(a).

Penalty

The man was fined £480 and ordered to pay costs of £2,350 and a victim charge of £48.