Standard rules consultation no 22

Closed 13 Sep 2020

Opened 3 Aug 2020

Overview

The Environmental Permitting (England and Wales) Regulations 2016 (EPR) allow us to make standard rules permits to reduce the administrative burden on business while maintaining environmental standards.

This consultation is about a new standard rule set for operators to store loose shredded tyres. The standard rule is supported by a generic risk assessment to ensure that the risks to the environment and human health are reduced to an acceptable level for these activities.

What a standard permit is

Standard permits contain one condition which refers to a fixed set of standard rules that an operator must comply with. The rules define the activities that an operator can carry out and specify necessary restrictions on those activities, such as emission limits or the types of waste or raw materials that can be accepted at the sites. Standard rules are published on GOV.UK following public consultation.

Any operator who wishes to carry out a particular activity at a particular site or sites can look at the standard rules and, if they can comply with them, can apply for a standard permit.

We are able to issue the standard permit more quickly and cheaply because we have no or limited decisions to make on site-specific permit conditions. An operator who cannot meet the requirements of the standard rules must apply for a bespoke permit and provide us with additional information. It takes us longer to issue a bespoke permit because we have to carry out a more detailed assessment of the application. This includes deciding whether to include site-specific conditions and consult in line with our public participation statement.

There is no right of appeal against the rules in a standard permit because applying for a standard permit is voluntary. If an operator wants to change the way their site operates, they must apply to vary the standard permit to a bespoke permit when:

•           their operation falls outside the scope of the standard rules

•           they feel that the standard permit no longer works for their particular operation.

The generic risk assessment for this activity

We have produced a generic risk assessment for the activity. This lists the potential risks and how to properly manage them. We did it by identifying possible pathways from the sources of the risks to the receptors (these are people, animals, property and anything else that could be affected by the hazard). The risk assessment is split into three sections.

1.         Data and information - this section is made up of receptor, source, harm and pathway information that is relevant to the activity under consideration.

2.         Judgement - we have done the risk assessment to work out the likelihood of the receptors being in danger from the hazard, the consequences of the hazard happening and the overall size of the risk.

3.         Action - risks will be controlled by setting standard rules. For example, for noise and vibration management, compliance with a relevant noise and vibration management plan will be required where necessary. We will control residual risks by doing compliance assessment, such as site inspections, to ensure that the operators comply with the rules.

A set of standard rules may contain a rule which requires an operator not to carry out an activity within a certain distance of specified nature conservation sites. The broad sensitivity of habitats and species groups to the potential hazards from facilities we regulate through EPR is well understood. Harm can occur through hazards such as toxic contamination, nutrient enrichment, habitat loss, siltation, smothering, disturbance and predation.

We use specified distances to identify which activities could affect the interest features of these sites and species. Activities that do not can be eligible for a standard rules permit. In line with our public participation statement we do not consult the nature conservation bodies on individual applications for standard rules permits.

Proposed charges

These charges aim to recover the regulatory costs incurred by the Environment Agency as a result of the applications and subsistence of these permits.

Permit application

Minor Variation

Normal Variation

Substantial Variations

Transfer application

Surrender application

Annual subsistence

£2,641

£792

N/A

N/A

£2, 529

£2,356

£1,585

 

 

If you would like to request accessible formats of the documents listed below, please contact us at the email address at the top of the page.

Why We Are Consulting

The purpose of this consultation is to engage with relevant stakeholders to obtain their views on the proposed new standardrule and risk assessment. We will review the feedback from respondents and alter the draft rules if appropriate.

Audiences

  • Businesses
  • Statutory organisations
  • Members of the public
  • Local councils
  • Metal recycling trade associations and site operators
  • Operators
  • UK Border Force
  • Trade associations and business
  • Other regulators
  • Members of the public
  • Community groups
  • Non-governmental organisations with an interest in environmental issues

Interests

  • Business and industry
  • Habitats and wildlife
  • Waste
  • Permits
  • Environmental permitting