New publications this month:

HM TREASURY

New UK levy to level carbon pricing

A planned carbon pricing mechanism for imports has been announced for the UK. This system, which is planned to operate from 2027, would apply charges on imported goods to address the risk of carbon leakage. Carbon leakage is where emissions are displaced to other countries because they do not have a carbon price or this carbon price is lower.

The planned Carbon Border Adjustment Mechanism (CBAM) is similar to the EU’s CBAM. A consultation will be undertaken on the scheme in 2024.

Products expected to be subject to the charge consist of highly traded, carbon-intensive goods.  These include products from the overseas iron, steel, aluminium, fertiliser, hydrogen, ceramics, glass and cement industries.

TCFD-aligned disclosure guidance for public sector annual reports

An exposure draft has been published for consultation. This sets out disclosure requirements for the Risk Management and Metrics and Targets pillars of the TCFD framework. Phase 2 requirements will be mandated for departments and larger central government bodies’ annual reports and accounts from 2024-25.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

UK Low Carbon Hydrogen Standard

An updated version of this standard reflects the Hydrogen Production Revenue Support (Directions, Eligibility and Counterparty) Regulations 2023, which are now in force.

UK Emissions Trading Scheme (UK ETS): long-term pathway

Long-term plans for the UK ETS are set out until at least 2050. This includes plans to develop the scheme and to expand it to further sectors.

Greenhouse gas removals (GGR): business model

An update has been provided with a proposed commercial framework for the GGR business model and related policy.

Carbon capture, usage and storage (CCUS): a vision to establish a competitive market

This policy paper sets out the government’s vision for the UK CCUS industry in the 2030s, which would involve the UK becoming a global leader in CCUS, with a self-sustaining CCUS sector supporting thousands of jobs and reducing emissions.

Hydrogen production delivery roadmap

The roadmap states how the UK Government expects hydrogen production to evolve towards 2035.

Hydrogen transport and storage networks pathway

This document sets out planned steps to develop hydrogen transport and storage.

Net zero government emissions: UK roadmap

This road map sets out how central government aims to achieve net zero emissions.

Defining and identifying complex-to-decarbonise homes

This research report aims to identify complex-to-decarbonise homes and recommend retrofit solutions.

Home Energy Model: Future Homes Standard

These documents provide details of the Home Energy Model: Future Homes Standard Assessment method.

• Home Energy Model: Future Homes Standard assessment: technical documentation
• Home Energy Model: validation documentation

ENVIRONMENT AGENCY, SEPA, NATURAL RESOURCES WALES AND DEFRA

Medium combustion plant: when you need a permit

This guidance now specifically authorises the use of the combustion engineers association boiler calculations guide for MCPD when determining the rated thermal input of medium combustion plant.

DEFRA, NATURAL ENGLAND, SEPA AND NATURAL RESOURCES

The following guidance provides updated information on Site of Special Scientific Interest (SSSI) Impact Risk Zones:

• Construction near protected areas and wildlife
• Habitats regulations assessments: protecting a European site
• Developers: get environmental advice on your planning proposals
• Protected sites and areas: how to review planning applications
• Planning and transport authorities: get environmental advice on planning

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO AND DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Climate Change Agreement Guidance

The following guidance has been updated to reflect the extension of the climate change agreement scheme to 2027.

• Climate Change Agreements: scheme extension 2023 statutory guidance
• Climate Change Agreements: technical annex

DEFRA

Biodiversity Net Gain (BNG) Guidance

The following BNG guidance was updated during December 2023:

• Understanding biodiversity net gain
• Meet biodiversity net gain requirements: steps for developers
• Sell biodiversity units as a land manager
• Legal agreements to secure your biodiversity net gain
• Statutory biodiversity metric tools and guides
• Biodiversity net gain: what local planning authorities should do
• Calculate biodiversity value using the biodiversity metric
• Biodiversity net gain: exempt developments

Updated Guidance on The Import of Plants and Plant Products

The following guidance reflects current and planned policies on plant and plant product imports:

• Import plants and plant products from the EU to Great Britain
• Import plants and plant products from non-EU countries to Great Britain

ENVIRONMENT AGENCY, DEFRA

Extended producer responsibility for packaging: who is affected and what to do

Details of deadlines under the extended producer responsibility have been clarified.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

National Planning Policy Framework

The National Planning Policy Framework (NPPF) was updated in December 2023. This includes changes to local plan requirements, including with respect to housing supplies, a policy of urban uplift that prioritises brownfield development and policies aiming to support the delivery of retirement housing and care homes.

ENVIRONMENT AGENCY

S2 waste exemption: storing waste in a secure place

This updated exemption provides clearer conditions for the storage of waste electrical and electronic equipment (WEEE).

Pollution inventory reporting: using the PIEDC system

Guidance on using this system has been consolidated into a single document.

Food and drink: pollution inventory reporting

Updated guidance is provided on pollution inventory returns for this sector.

Packaging waste: producer responsibilities

Packaging recycling targets in this guidance now reflect 2024.

Air emissions risk assessment for your environmental permit

Further guidance is provided on the grouping of air emissions for assessment purposes where your installation releases volatile organic compounds to air.

Monitoring stack emissions: guidance for selecting a monitoring approach

An error in this guidance document has been corrected.

Abstract or impound water: hydrological information needed for your licence application

This updated guidance clarifies how flow data may be used in applications and how to use the pre-application service.

Environmental Permitting Regulations (EPR) offences

This document now reflects variable monetary penalties available for certain environmental permitting offences.

Environment Agency enforcement and sanctions policy

This policy and Annex I now reflect variable monetary penalties available for certain environmental permitting offences.

Regulatory Position Statements (RPSs):

The following RPSs were published or updated in December 2023:

• Operating a schedule 25B, tranche B specified generator for research and development: RPS 220, updated, withdrawal date extended to 31 December 2025
• Using R134a gas recovered from end of life vehicles (ELVs): RPS 226, updated, next review date on 1 December 2025
• Using pine trees to restore dunes or protect riverbanks: RPS 236, updated, next review date on 30 November 2026
• Storing and depressurising nominally empty nitrous oxide canisters: RPS 289, updated to correct an error

MARITIME AND COASTGUARD AGENCY

UK national standard for marine oil spill response organisations

The list of accredited Tier 2 Oil Spill Response Organisations has been updated.

FORESTRY COMMISSION AND DEFRA

Phytosanitary treatment of oak processionary moth

Guidance is provided on the use of plant protection products for the phytosanitary treatment required to move large oak trees.

SCOTTISH GOVERNMENT

New Build Heat Standard: factsheet

The New Build Heat Standard requires that climate-friendly heating systems are installed in new homes and buildings from 1 April 2024. This requirement will apply to all new buildings and some conversions where  a building warrant is applied for from 1 April 2024.

WELSH GOVERNMENT

Separate Collection of Waste Materials for Recycling: A Code of Practice for Wales

This code of practice provides guidance on how to meet waste separation requirements that will apply to non-domestic premises in Wales from 6 April 2024.

The recyclable waste streams that need to be presented separately for collection, collected separately, and kept separate after collection from 6 April 2024 are:

• Glass;
• cartons and similar, metal and plastic;
• paper and card; food waste from premises that produce 5 kilogrammes or more of food waste in seven consecutive days;
• unsold small waste electrical and electronic equipment; and
• unsold textiles.

Designing for Renewable Energy in Wales

Guidance is provided on the design of wind and solar farms for deployment in Wales and the associated consenting process.

Noise and Soundscape Plan for Wales 2023 to 2028

The Welsh Government’s national strategy on soundscapes is set out, including priorities over the period between 2023 and 2028. Proposed measures include changes to planning guidance and managing transport noise.

Custodial sentence for man who operated three illegal waste sites

A man who operated three illegal waste facilities has received a custodial sentence and has been disqualified from acting as a director for seven years. The man previously admitted three offences of operating a waste facility without an environmental permit.

A major fire had broken out at the biggest site, Oakham Farm near Walesby in north Nottinghamshire, which took the Fire Service over a month to put out in 2016. The other sites were at Hathernware Industrial Estate in Normanton-on-the-Soar and Horse Leys Farm in Burton on the Wolds.

An Environment Agency investigation discovered that the three sites were being operated illegally without an environmental permit. Waste was deposited in vast quantities and there was no real plan as to how it was going to be processed. 

At Oakham Farm, the man had rented two former poultry production units, telling farm officials that he wanted to store clean plastics. He said that he intended to transfer the plastics to an energy from waste plant. However, significant amounts of mixed waste were deposited and stored at Oakham Farm where a fire broke out on 21 September 2016. 

The fire generated a huge plume of smoke and residents nearby were required to close doors and windows, while one mother and baby were forced to move out temporarily due to the smoke. Properties were covered in smoke and smog and there was the distinctive smell of burning plastic. Smoke was still noticeable five days later and the fire was not fully extinguished until 7 November 2016.  

The fire completely destroyed the two poultry units, which resulted in clean-up costs of £478,000 to the landowner. 

Environment Agency officers also gained CCTV pictures from the farm which showed a second man to be a frequent visitor from the end of August 2016 into September. Footage showed the man driving an articulated lorry and trailer to deposit waste at the site on 13 occasions. 

At the Hathernware Industrial Estate site, Environment Agency officers received complaints about waste being dumped. They also discovered that some 100 black polythene wrapped bales had been stored at the front of the warehouse.  Similar baled waste was stored at Horse Leys Farm. 

Penalties

The man received a 10-month custodial sentence and was disqualified as a director for seven years.

The second man admitted depositing waste at the three sites. He received a six-month custodial sentence which was suspended for 18 months and was ordered to do 200 hours unpaid work.

Eastchurch Gap site remains subject to an Environment Agency court order

A court order covering a site in Eastchurch, Kent has been extended. This prohibits anyone from entering or depositing waste on the site.

The court order requires that the site’s access gate remains locked, and an updated warning has been displayed at the entrance. Anyone entering the land without reasonable excuse or written permission from the Environment Agency, tampering with the lock or notice, will be committing a criminal offence.

The court order was raised following the illegal dumping of waste at the site and concerns raised by the local community. The Environment Agency has stated that they will continue to inspect the site regularly and maintain a local presence to disrupt the illegal dumping of waste.

Court Orders

The restriction order was granted under the Environment Act 1995. Failure to comply with the order is a criminal offence. There are exceptions to entering the land for Environment Agency officers and other officials.

Update on Withyhedge landfill investigations in Pembrokeshire

Natural Resources Wales (NRW) has responded to repeated reports of odour from Withyhedge landfill in Pembrokeshire. NRW has also acknowledged an apparent overflow from a containment pond and potential pollution caused to the Rudbaxton Brook. These matters are under investigation.

NRW has stated that officers are working to ensure immediate action is taken by the landfill operators to limit impacts from the site. NRW has committed to providing updates on regulatory activities.

Offsite odour attributed to Withyhedge Landfill was substantiated by NRW staff on four occasions. NRW also detected other odours in the area from agricultural sources and recognised other odour sources are present. NRW has stated it will continue odour assessments and is being supported by Pembrokeshire County Council in this activity.

NRW officers attended the landfill on three occasions in November and December 2023, primarily to inspect aspects of the site operation and management which could be contributing to offsite odours. These visits also identified an unauthorised emission, believed to be untreated surface water. This emission was sampled and NRW was awaiting results.

NRW has provided advice and instructions to the site operator. NRW reinforced the completion of certain actions agreed with the operator by the issue of an enforcement notice.

Withyhedge Landfill operates under an environmental permit, which requires the operators to comply with a set of rules and conditions.  To comply with the permit operators must be able to explain to us and explain in their management system what measures they are using to protect people and the environment. If something goes wrong, we need to know what the operator is going to do about it.