Environmental Services Association SME seminar

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Environmental Services AssociationSME seminar

• Small Firms, Big Issues Issues affecting SMEs
  in the Waste Management sector
• New Connaught Rooms, London
• 14 July 2004

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Defras Waste permitting review

• John Galvin

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Outline of presentation

• What is the waste permitting review ?
• Why change the waste management licensing system?
  (drivers for change)
• What will be different ? (objectives /impacts)
• Permitting requirements of the WEEE Directive
• When will this happen?
• How do I find out more?

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What is the waste permitting review?

• It is a review of the legislative requirements
  for permitting waste recovery and disposal
• It will propose a new environmental permitting
  regime (for England and Wales) which will replace
  the waste management licensing system

• It may be a first phase towards a single
  integrated environmental permitting regime
• The new regime will implement the permitting
  requirements of the WEEE Directive

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Why? drivers for change

• Waste Strategy 2000 - integrated permitting
• Kirby Report - remediation permit
• Governments better regulation agenda
  (transparent, consistent, targeted and
  proportionate)
• Increased permitting in light of
• the move away from landfill WEEE and End of
  Life Vehicles Directives Hazardous Waste
  Directive infractions Agricultural waste and
  batteries and accumulators ?
• Current system does not fit all!

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Current Position Assumed Degree of Risk
High
IPPC
WML
Regulatory Control
Scrap Metal Exemp.
Exemptions
Low
Environmental Risk
High
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What are the objectives?

• Encourage sustainable waste recovery over
  disposal
• A single integrated permit addressing all the
  activities at a site regulated by the Agency
• More effective and efficient regime (flexible and
  not overly prescriptive)

• Comply with relevant European legislation and
  accommodate future legislation
• Protection of human health and the environment
• Regulation whereby the amount regulatory control
  is proportionate to the risks posed by the
  activity

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Risk based regulation

• Using risk assessment to develop tiers of
  regulatory control for different types of
  activity
• Registered exemptions
• Standard permits
• Bespoke permits

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Registered exemptions

• Lowest level of regulatory control
• Meet principles for low risk activities
• Encourage recovery and recycling
• Capable of quicker amendment and approval
• Operator submission of records
• Simple registration of multiple sites
• Cost recovery for the Agency

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What might be different for operators?

• Existing licence holders will not be required to
  re-apply for new permits (except mobile plant)
• More flexibility to vary activities / increase
  site area
• Partial surrender and transfer
• Easier and quicker to apply in many cases.
  Standard permits will generally be issued in one
  month
• Single permit will cover other associated
  consents
• Pre-requisite for planning permission options?
• Replacement of fit and proper person test with
  proportionate schemes for technical competence
• Surrender report will be needed only if required

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What might be different for the Agency?

• Less time permitting, more time monitoring and
  enforcing
• Easier administration of permits e.g. provision
  for variation of permits
• Consultation more focussed (only once nationally
  for standard permits)
• Less assessment of an individuals technical
  competence
• Greater role in the development of exemptions

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Permitting requirements of the WEEE Directive

• The new regime will be used to transpose the
  supplementary requirements of the WEEE Directive.
• Article 6 permitting of treatment (ATFs)
• - Fluid removal
• - Selective treatment (Annex II)
• - Use of best available treatment and
  recycling techniques
• -Technical requirements at treatment
  facilities (Annex III)
• -Environmentally sound re-use and
  recycling
• Environmental Management systems are encouraged

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When ? legislative timetable

• Informal consultation on main regime components
  completed (February 2004)
• 3 month consultation on draft regulations and
  guidance expected summer 2004
• New regulations made by end 2004

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When ? - Implementation plan

• Defra / Agency prepare and publish
  implementation plan for development of new regime
  including
• - guidance on new regime
• - charging scheme
• - standard permits
• - review of exemptions
• Timetable for next phase for integration of
  environmental permitting and PPC regime

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When ? - Transitional arrangements

• Defra guidance on new regime
• First applications (for WEEE only) - April 2005
• Existing waste management licences transfer to
  new regime six months into new regime (July 2005
  ?)
• Thereafter applications made under new regime
• Compliance with Article 6 of WEEE Directive by
  August 2005.
• Existing mobile plant licences cease 18 months
  after new applications become available

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How does this link with other work?

• Hazardous Waste Regulations consultation July
  2004
• Revision of exemptions following consultation in
  2003, to be completed
• Applying waste controls to certain agricultural
  waste similar timeframe to permitting review
• Review of hazardous waste exemptions
  consultation proposed autumn 2004 (will be
  influenced by principles for exemptions under new
  regime)

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How can I find out more ?

• Visit the Defra website
• www.defra.gov.uk/environment/waste/legislation/pe
  rmitreview/index.htm
• Follow the consultation (www.defra.gov.uk/consulta
  tions)
• e-mail wastereview_at_defra.gsi.gov.uk
• Telephone [phone]
• Write to Defra Permitting Review team
• 6/F9 Ashdown House, 123 Victoria Street,
• LondonSW1E 6DE