New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Green Gas Levy (GGL): rates and exemptions

GGL rates for the 2023/24 financial year have been published.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Resources and waste: provisional common framework

This document states how the UK government and devolved governments intend to work together in devolved policy areas concerning resources and waste.

Clean air zones

Information has been added on the Sheffield clear air zone, which will operate from 27 February 2023.

DEFRA, WELSH GOVERNMENT, ENVIRONMENT AGENCY AND NATURAL RESOURCES WALES

Medium combustion plant (MCP): comply with emission limit values

Updated information is provided on reporting that must be carried out when an MCP switches fuel during an interruption to supply. Guidance on ELVs applicable on dual fuel MCPs has also been clarified.

DEFRA AND ENVIRONMENT AGENCY

Check if you need to report packaging data under the Extended Producer Responsibility (EPR) for packaging

Companies may use this new tool to determine whether they have obligations under EPR and what they will need to do to comply with the forthcoming EPR regime.

Specified generator: comply with permit conditions

This guidance now states that specified generator operators must keep records of the effective continuous operation of secondary abatement.

Polychlorinated biphenyls (PCBs): registration, disposal, labelling

This guidance has been updated for clarity purposes.

ENVIRONMENT AGENCY

Apply for consent to investigate a groundwater source

This new guidance concerns consent requirements for the investigation of groundwater sources before you apply for an abstraction licence. Consents may be required to construct the borehole or well or to undertake test pumping.

Monitoring stack emissions: measurement locations

Clearer information is provided on the use of permanent platforms for stack emissions monitoring.

MCERTS: performance standard for low risk plant monitors

An MCERTS performance standard has been published for continuous emissions monitoring systems on certain low risk plant.

MCERTS performance standards for ambient monitoring equipment

This MCERTS performance standard concerns continuous air quality measurement systems.

Reusing waste electrical and electronic equipment (WEEE) and components removed from WEEE

This document concerns the identification of whether WEEE and components constitute waste and if these items contain Persistent Organic Pollutants (POPs).

Guidance on Persistent Organic Pollutants (POPs)

A range of guidance on POPs was published during December 2022:

• Manage waste containing persistent organic pollutants (POPs)
• Identify and classify waste containing persistent organic pollutants (POPs)
• Calculate the concentration of PCDDs and PCDFs in waste
• Reusing upholstered domestic seating containing POPs

River Basin Management Plans (RBMPs)

River basin management plans: updated 2022

Updated River Basin Management Plans (RBMPs) were published during December 2022. These plans are required to be reviewed and updated every six years. RBMPs prepared by the Environment Agency are linked below

• Anglian RBMP
• Humber RBMP
• Northumbria RBMP
• North West RBMP
• South East RBMP
• South West RBMP
• Severn RBMP
• Thames RBMP

Accessing information in the river basin management plans, updated 2022

This new guidance document aims to help users to find information within the RBMPs.

Regulatory Position Statements (RPSs)

The following RPSs were published or updated during December 2022:

• Collecting, storing and upgrading biogas from on-farm manure and slurry: RPS 259
• Using wetlands to improve treated effluent discharge: RPS 260
• Shredding waste upholstered domestic seating containing POPs: RPS 264
• Temporary storage of waste upholstered domestic seating containing POPs: RPS 265
• Segregating waste upholstered domestic seating that may contain persistent organic pollutants (POPs) at HWRCs: RPS 266
• Treating and using unused waste plastics for recovery: RPS 273

MARITIME AND COASTGUARD AGENCY (MCA) AND DEPARTMENT FOR TRANSPORT

Offering a flare disposal service

Guidance is provided on how businesses can offer a flare disposal service.

Disposing of unwanted distress flares

Guidance nis provided on how unwanted distress flares can be disposed of. This is supported by a Marine Information Notice (MIN 687 Changes to how individuals can dispose of marine flares).

SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA)

Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended): A Practical Guide

This guidance document has been updated to reflect changes to legislation and to improve clarity.

SCOTTISH GOVERNMENT

Onshore wind: policy statement 2022

This plan sets out the Scottish Government’s ambition to deploy 20GW of onshore wind by 2030.

WELSH GOVERNMENT

Welsh Government Net Zero strategic plan

This plan sets out how the Welsh Government aims to be net zero by 2030.

2020 greenhouse gas emissions: infographic

This infographic shows progress against the Welsh Government’s emission reduction targets in 2020.

Melksham resident prosecuted for fly-tipping offences

A resident has had his waste license revoked by the Environmental Agency and has been prosecuted for four environmental and one Trading Standards offence. The offences include:

• Failing to meet the duty of care;
• Fly-tipping;
• Disposal of waste in a way likely to cause pollution to the environment or harm to human health;
• Operating an unregulated waste facility; and
• False advertising of his business as “fully audited by the Environmental Agency”.

A Ministry of Defence helicopter recorded video footage of the man fly-tipping waste and setting a mattress alight on land owned by Wilts & Berks Canal Trust on 17 November 2021.

Penalties

The man was given a 12-month community order, fined £1,295 and costs and required to attend 12 mental health sessions and 10 rehabilitation sessions.

A co-defendant was given an 18-month conditional discharge and awarded costs of £1,200 with a surcharge of £22 for knowingly permitting waste to be deposited on land adjacent to his property.

Fines issued to illegal waste carriers

A joint task force between the Environmental Agency and the Kent Police conducted waste vehicle checks during December 2022. These checks led to nine fixed penalty notices being issued. Offences included insecure loads, driving without insurance, driving without a licence, driving without a seat belt and defective tyres.

Two vehicle searches were carried out under the Control of Pollution (Amendment) Act 1989. The Environment Agency is considering appropriate enforcement action against the businesses or individuals that were not compliant with legislation.

Penalties

The nine fixed penalty notices issued totalled £2,300.

Recycling business prosecuted for operating without an environmental permit.

Two men running a recycling business have been prosecuted after allowing old tyres to pile up at their yard, presenting a fire risk.

The two men were given several warnings by the Environmental Agency in 2020 and 2021. The warnings related to safety concerns, including orders to stop work. The recycling business was located close to the A27 and the Chichester-to-Portsmouth railway line. Therefore, tyres catching light could cause serious problems. Additionally, designated habitats for protected eels, sticklebacks and other wildlife were present just 150 yards away from the site.

At the end of 2020, the Environment Agency estimated the volume of tyres at the disorganised site at 50 tonnes. Little or no attempt was made by the company to reduce the chances of the huge mound catching fire. In March 2021 during an unannounced visit, an environmental crime officer noticed large plumes of black smoke as he drove past. By May 2021, the tyre stock had doubled in size to at least 100 tonnes. No fire breaks were in place.

The stop orders and warnings issued required the men to reduce the tyre stock at the site. These orders and warnings were ignored, leading the Environmental Agency to take legal action.

Breaches

The men pleaded guilty to breaching Regulation 12(1), Regulation 38(1)(a) and Regulation 41(1)(a) of the Environmental Permitting (England & Wales) Regulations 2016:

• Regulation 12(1) prohibits operating a regulated facility, except where authorised and in accordance with an environmental permit.
• Regulation 38(1)(a) makes it an offence to contravene Regulation 12(1).
• Regulation 41(1)(a) makes officers of body corporate guilty to offences where an offence by a body corporate was provide to have been committed with the consent or connivance of an officer.

Twyford Recycling Ltd admitted three charges, including two breaches of Regulation 12(1) and Regulation 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2016.

Twyford Recycling Ltd also pleaded guilty to failing to provide waste transfer notes for tyres brought in and out of the site on or before 21 May 2021, contrary to Section 34(5) and (6) of the Environmental Protection Act 1990 and Regulation 35(6) of the Waste (England and Wales) Regulations 2011:

• Section 34(5) of the Environmental Protection Act 1990 allows regulations to be made applying requirements on persons subject to the duty of care to making, retaining and furnishing documents.
• Section 34(6) of the Environmental Protection Act 1990 makes persons failing to comply with the duty under Section 34(5) liable for conviction.
• Regulation 35(6) of the Waste (England and Wales) Regulations 2011 requires transferors and transferees of non-hazardous waste to maintain waste transfer notes for at least two years and to provide these to an officer or a waste collection authority on demand within seven days.

Penalties

Twyford Recycling Ltd was fined £500 and ordered to pay £500 in costs with a victim surcharge of £50.

The men were given 40 hours of unpaid work each.