Remember way back to the Summer / Autumn of 2022…. that’s when the Environment Agency ran the ‘Standard Rules Consultation No. 25’, which was a consultation for the proposed changes to the standard rules permit regime.
The consultation document set out proposals for:
- new standard rules permits and generic risk assessments for the non-hazardous and inert waste sector, including the proposed charges – this would consolidate and replace existing permits;
- changes to existing standard rules permits for the metal recycling sector;
- changes to SR2010 No. 3 discharge to surface water. For the purposes of this article, we will focus on the non-hazardous and inert sector standard rules permits and the outcome and consequences of the consultation.
The Environment Agency held workshops and conducted public consultation to the industry and wider public. The following standard rules permits were consulted on:
- The treatment of waste to produce soil, soil substitutes and aggregate;
- The use of mobile plants to treat waste to produce soil, soil substitutes and aggregate;
- The transfer of inert and excavation waste below 250,000 tonnes per year;
- The recycling of non-hazardous waste, including asbestos, hazardous batteries, and hazardous waste electrical and electronic equipment (WEEE);
- The operation of household waste recycling centres;
- The operation of materials recycling facilities.
The Environment Agency published its main consultation findings with the summary: “We are now reviewing the draft permits as set out in our consultation response: We will publish these during Autumn 2024.”
On 18th December 2024, the EA updated its website to withdraw 28 existing standard rules permits and replace them with eight new permits.
The eight new standard rules permits issued are as follows:
SR2022 No 1: treatment of waste to produce soil, soil substitutes and aggregate.
SR2022 No 2: mobile treatment of waste to produce soil, soil substitutes and aggregate.
SR2022 No 3: construction, demolition and excavation waste transfer station.
SR2022 No 4: non-hazardous waste recycling with asbestos, hazardous batteries, cable and WEEE storage.
SR2022 No 5: non-hazardous waste transfer with asbestos, hazardous batteries, cable and WEEE storage.
SR2022 No 6: household waste recycling centre.
SR2022 No 7: materials recycling facility.
SR2022 No 8: waste wood treatment.
The transition period for compliance with the new standard rules permits (for existing sites with the now withdrawn permits) is three months from the date the standard rules were published (which was 18th December 2024). If an operator cannot comply with the new standard rules permit for their site, they will be required to vary their current permit into a bespoke permit. The application must also be made within three months of the publication date, leaving operators a deadline for compliance or applying for a bespoke permit variation of 18th March 2025.
Several operators have reported that individual Environment Agency officers have informed them that correspondence concerning the standard rule changes,
transition periods to comply, etc, has yet to be sent out (at the time of writing). We have also received information confirming that sites will be regulated against their previous (withdrawn) permit conditions until these letters have been sent out. However, the EA hasn’t confirmed this in any official capacity.
In the future, if you operate under a standard rules permit, the advice is to check whether your permit is still available or has been withdrawn. If it has been withdrawn, read the new replacement standard rules well and check that you meet them. If you don’t, see if you can amend your operations to meet the rules or, alternatively, look into applying for a bespoke permit before the 18th March to ensure compliance with the new rules. If in doubt, ask the EA or your permitting consultant for help before the deadline comes around.
