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Environmental Permitting Regulations

About the Environmental Permitting (EP) System:

The Environmental Permitting (England and Wales) Regulations will come into force in April 2008. The aim of the Regulations is to streamline and combine the existing regimes covering Waste Management Licensing (WML) and Prevention and Control (PPC) in order to form a common approach to applying for permits, and their maintenance, surrender, and enforcement.

The Department for Environment, Food and Rural Affairs (DEFRA) has produced a summary booklet [1] explaining the new system, which states that the new system will:

  • continue to protect the environment and human health
  • continue to implement European legislation fully
  • increase clarity and minimise administrative burden on both the operators of facilities and the regulator
  • encourage regulators to promote risk-based, proportionate regulation as well as best practice in the operation of regulated facilities
  • build on current methods of targeting the riskiest operations.

In the EP system, two types of permit will be offered, standard and bespoke. Standard permits have standard rules for a particular type of business to provide the necessary level of environmental protection and could be described as an “off the shelf” permit. Bespoke permits are for operations not covered by standard rules. These operations generally have a higher potential impact on the environment or require more complex controls than operations for which standard permits can be used [2].

In September 2007, DEFRA issued a consultation regarding standard permits for a set of specified waste operations [3]; the HPA provided a response to this consultation.

The HPA will comment on future proposed generic risk assessments and standard rules for each activity, together with the supporting guidance documents, as they are issued for consultation by the Environment Agency.

Similarly to IPPC applications, the HPA will advise Primary Care Trusts and Local Health Boards on the health implications of applications for bespoke permits.

[1]Simplifying Regulation for Waste Management and Pollution Prevention and Control. DEFRA and Welsh Assembly Government. February 2009. http://www.defra.gov.uk/environment/policy/permits/documents/guidance-booklet-090304.pdf

[2]Working together: your role in our environmental permitting decision making. Environment Agency. February 2010. http://www.environment-agency.gov.uk/static/documents/Business/Working_together_PPS_v2.0.pdf

[3]Standard rules and guidance for the introduction of the Environmental Permitting Regulations: http://www.environment-agency.gov.uk/research/library/consultations/35333.aspx