On 18th December 2024, the Environment Agency updated its website to withdraw 28 existing standard rules permits and replace them with eight new permits.
The transition period for compliance with the new standard rules permits (for existing sites with the now withdrawn permits) was three months from the date the standard rules were published. The problem with this was the industry had not been properly informed that the changes had been made and were therefore, unable to take appropriate action to achieve compliance with the new permits (or apply for a bespoke permit).
However, on the 12th February 2025, the ‘Extension to comply with new standard rules permits: RPS 331’ statutory guidance was published by the Environment Agency.
The RPS applies to permit holders with those specific (withdrawn) standard rules permits issued before 18th December 2024. These are the permits that have been revised and consolidated into new 2022 series permits for activities including:
- Waste treatment to produce soil and aggregates;
- Mobile treatment of waste;
- Construction, demolition, and excavation waste transfer;
- Non-hazardous waste recycling and transfer (including asbestos and hazardous items);
- Household waste recycling and materials recycling facilities;
- Waste wood treatment.
The Environment Agency should now have contacted all operators with those withdrawn and replaced permits to advise them of the situation and inform them that they are now operating under a new 2022 standard rules permit. In this letter, the EA are confirming to operators in writing that – “Due to delays in notification of the changes, we will not seek to enforce compliance with the revised rules until 27th June 2025, provided you continue to comply with the existing rules in the interim. We have published RPS 331 to confirm this position.”
The key points to note from the RPS are:
- If you operate under a standard rules permit, check whether your permit is still available or has been withdrawn;
- No enforcement of revised rules will commence until 27th June 2025 due to notification delays;
- The EA will review this RPS on 27th June 2025 and may amend or withdraw it at any time;
- Regularly check for updates to ensure ongoing compliance.
If you cannot comply with your new 2022 standard rules permit (for example your site doesn’t meet the new location criteria or you can’t operate using the required techniques), then you will need to apply for a bespoke permit by 27th June 2025 and adhere to the old permit until the new variation is determined.
If in doubt you can contact the Environment Agency directly (enquiries@environment-agency.gov.uk) or your Environmental Consultant for advice on how to achieve compliance
