New publications this month:

EUROPEAN COMMISSION

Carbon Border Adjustment Mechanism (CBAM)

Updated guidance has been published on the EU CBAM.

The first reporting period for importers of CBAM goods into the EU ended on 31 January 2024. CBAM requirements and reporting duties are of interest to organisations that export, or intend to export, cement, iron and steel, aluminium, fertilisers, electricity or hydrogen to the EU.

Although implemented by EU legislation, the CBAM will apply additional costs to importers of certain goods and electricity from non-EU countries where less stringent climate policies are in place. Costs applied under the CBAM aim to avoid carbon leakage, which arises when carbon-intensive production activities are moved to nations with less stringent or no climate policies.

A brief checklist communicates requirements on EU importers under the scheme.

DEPARTMENT FOR BUSINESS AND TRADE

Summary of European Commission guidance on the EU CBAM for UK exporters

This document summarises guidance on the EU CBAM system that may be of interest to UK exporters to the EU.

OFFICE FOR ENVIRONMENTAL PROTECTION (OEP)

Progress in improving the natural environment in England 2022 to 2023

This report assesses the government’s progress against legally binding targets and goals under the Environmental Improvement Plan between 1 April 2022 and 31 March 2023.

The report concludes that the government is largely off track against its commitments, including those under the Environmental Improvement Plan and targets under the Environment Act 2021.

A government response has been published to this report.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA) AND ENVIRONMENT AGENCY

Packaging data: what to collect for extended producer responsibility

The deadline for the second data report is now stated (between 1 Jan and 1 April 2024). The guidance now states that no enforcement action will be taken for late submissions up to 31 May 2024.

Uses of F gas (HFCs) exempt from the phase down

This guidance has been updated to improve clarity regarding feedstocks, exempt exports and labelling rules.

Selling F gas in cylinders or equipment

This guidance has been updated to clarify rules on selling F gases.

Critical uses of halons

This document now reflects licence requirements to export or import critical use halons.

Pollution prevention for businesses

This guidance now reflects that oil separators supplied in Great Britain since 1 January 2021 have been required to be fitted with an automatic warning device or high level alarm.

DEFRA

Single-use plastics bans and restrictions

Details of products subject to single-use plastic bans and the respective restrictions in England are provided.

HM REVENUE AND CUSTOMS

VAT energy-saving materials relief

A tax information and impact note provides guidance on VAT relief for the installation of energy-saving materials, which has now been extended.

DEPARTMENT FOR ENERGY SECURITY AND NET ZERO

Heat network zoning: overview

An overview is provided on heat networks, the zoning process and benefits and how heat network zones will be identified.

ENVIRONMENT AGENCY

Landfill operators: environmental permits

A range of updates have been made to this guidance on applying for environmental permits for landfill sites. These changes concern Construction Quality Assurance (CQA), when temporary landfill capping is required and how landfills may be closed and the respective permits surrendered.

Assessing and scoring environmental permit and licence compliance

Further information is provided on appealing regulatory decisions.

How you'll be regulated: environmental permits

Information provided on Environment Agency inspections by staff has been expanded.

Using persistent organic pollutants (POPs)

This document now reflects the classification of Perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds as POPs.

Safe passage for eels

This guidance has been updated to clearly state that eel screens must be installed for any water diversion structure.

Regulatory Position Statements (RPSs):

The following RPSs were published or updated during January 2024:

• Storing waste incapacitant sprays: RPS 138, updated, review date extended to 28 August 2026.
• Temporary storage of waste coffee pods: RPS 282, conditions updated, removing the requirement to bag pods.
• Storing cans of waste paint collected by take-back schemes: RPS 267, new.

NATURAL RESOURCES WALES

NRW introduces new charge banding tool

On 22 January 2024, a new charge banding tool was introduced in Wales. This replaces the former OPRA system for environmental permit application charges.

DEPARTMENT OF AGRICULTURE, ENVIRONMENT AND RURAL AFFAIRS

General guidance for applying for a waste management licence - Applying Online

A new service has been launched that allows applications for waste management, mobile plant and authorised treatment facility licences to be submitted online. This also covers the variation, transfer or surrender of licences.

North Yorkshire man receives suspended sentence for illegal dumping on River Swale flood plain

A man has been sentenced for operating illegal waste and flood risk activities.

In 2017 and 2018, excavated waste was transported to land known as the Catterick Complex from nearby housing developments. This activity was not known to the house builders. The waste was tipped beside the river to form unauthorised flood defences to protect commercial fishing lakes owned by the man. Over 2,400 tonnes of excavation waste was deposited within the flood plain

The illegal dumping of excavation waste at the Catterick Complex could displace or deflect flood water elsewhere, increasing flood risk. The man refused to remove the waste when directed by the EA.

The downstream village of Catterick flooded in 2012 and has since benefitted from a flood alleviation scheme.

The Environment Agency regulates works near main rivers, and their flood plains, to ensure that any changes do not increase flood risk to others or damage important riverside habitats.

Penalty

The man was sentenced to 12 weeks in prison, suspended for 12 months and was served with a court order to remove the waste to reduce flood risk. The man was also ordered to pay costs of £9,500 and a victim surcharge of £115.

Confiscation order handed to waste business in Ayrshire

A man who operates a skip hire and waste collection business in Stevenston, Ayrshire has received a six-figure confiscation order for undertaking unlawful waste activities.

As part of a site inspection in October 2016, SEPA officers found that a number of the conditions of the man’s waste management licence were not being complied with. This included the total quantity of waste being kept on site exceeding the maximum 200 tonne limit.

SEPA officers took steps to engage with the man to secure compliance. These attempts were unsuccessful and as a result SEPA served a partial suspension notice in November 2016, meaning no new waste could be brought onto the site.

During further site inspections, SEPA officers continued to find evidence of new waste having been brought onto site. Further contraventions of the man’s waste management licence conditions were also identified, including waste being stored off of impermeable surfaces and waste being being stored at the site for longer than permitted. In April 2018, SEPA served a statutory notice requiring the non-compliances to be remedied within the specified timescales.

SEPA officers subsequently found that the conditions of the waste management licence continued to be contravened and that new waste continued to be brought onto site. In January 2019, SEPA officers identified that around 1,000 tonnes of waste remained on site. This was around 800 tonnes more than authorised by the waste management licence.

Due to an ongoing failure to take the steps required by SEPA to remedy the non-compliance on site, SEPA served a statutory notice to partially revoke the licence in May 2019, removing the authorisation under the waste management licence to keep and treat any waste on site with effect from 7 July 2019. The man continued to keep and accept new waste onto to site without the authority of a waste management licence and as a result, and following SEPA’s investigation, they submitted a case to Crown Office and Procurator Fiscal Service for consideration of prosecution.

Following the case, the man has now cleared the majority of the unauthorised waste from the site. The site licence remains partially revoked, preventing any new wastes from being accepted, and the Waste Carrier’s registration required for the business to transport waste has also expired.

SEPA will continue to monitor the site and, following the conviction, will now consider next steps that may need to be taken.

Breaches

The man plead guilty to breaching Section 33(1)(a) and Section 33(6) of the Environmental Protection Act 1990:

• Section 33(1)(a) of the Environmental Protection Act 1990 prohibits the deposit, or knowingly causing or permitting controlled waste to be deposited in or on any land unless authorised by and in accordance with a licence.  
• Section 33(6) of the Environmental Protection Act 1990 makes contravening Section 33(1) or any condition of a waste management licence an offence.

Penalty

A Confiscation Order of £215,000 was imposed under the Proceeds of Crime Act 2002.

Print supplier enters into enforcement undertaking following recycling failure

Swanline Print Limited, who are based in Stone, Staffordshire, offered an enforcement undertaking after it was found to have failed to register as a packaging producer and to take steps to recover and recycle its packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.   

Swanline Print Limited supplies bespoke paper-based materials, print and conversion services to the packaging and Point of Sale sectors.

An Environment Agency investigation into potential offences committed by Swanline Print confirmed that the company had first became obligated under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 in the 2010 registration year but failed to register until 2021. Since then, the company has registered every year and is now compliant with the regulations. 

The Environment Agency estimated Swanline Print Limited’s avoided costs for not registering and meeting their obligation for those registration years as a minimum of £14,659.99, which includes a penalty uplift.

Enforcement Undertaking

Under an enforcement undertaking accepted by the Environment Agency, Swanline Print Ltd made a financial contribution of £14,700 to the Staffordshire Wildlife Trust.

The company has also paid the Environment Agency’s administration, investigation and legal costs.