Research and analysis

Non-qualifying regulatory provisions under the business impact target: 2018 to 2019

Updated 12 January 2023

The Environment Agency’s non-qualifying regulatory provisions listed by exclusion category in the business impact target (BIT) reporting period 21 June 2018 to 20 June 2019.

For the full, legal definitions of the exclusion categories see BIT: written statement.

Measures certified as being below de minimis

These are measures with an equivalent annual net direct cost to business of below (plus or minus) £5 million.

Summary of measures

We have created:

• low risk waste position 555 to allow temporary storage of waste sheep dip by mobile sheep dipping businesses before collection for treatment or disposal

We have withdrawn:

• Storing food waste before recovery or collection: regulatory position statement (RPS) 52
• Leaving decommissioned pipes in the ground: RPS 8

We have extended:

• Excavated waste from utilities installation and repair: RPS 211 for more than 12 months until 30 April 2020

We have revised:

• the salmon and sea trout rod and net fishing byelaws to limit the number of, and operational control on, salmon and sea trout licences via Net Limitation Orders and Byelaws - this affects rod and net fishing allowances and licence numbers

• a number of Environmental Permitting (England and Wales) Regulations 2016 standard rules for waste activities, water discharges, onshore oil and gas activities and mining waste operations

• our regulation of polychlorinated biphenyl holdings under the Environmental Protection (disposal of polychlorinated biphenyls and other dangerous substances) (England and Wales) Regulation 2000

• some Monitoring Certification Scheme (MCERTS) documentation for businesses that hold environmental permits and produce potentially harmful emissions - amendments include technical changes, clarifications and simplification of requirements for:
  • MCERTS: performance standards and test procedures for continuous water monitoring equipment - part 3 water flowmeters
  • MCERTS: performance standard for organisations undertaking sampling and chemical testing of water
• the way we regulate closed landfills under the Environmental Permitting (England and Wales) Regulations 2016

We have improved digital services for permitting and regulation by:

• replacing paper based water resources abstraction licencing returns with an online service
• replacing the paper based application system for standard waste permits with an online service

EU regulations and other international obligations

These include EU regulations, decisions and directives and other international obligations, including the implementation of the EU Withdrawal Bill and EU Withdrawal Agreement.

Summary of measures

We have updated the guidance on:

• RGN 2: Understanding the meaning of regulated facility to ensure compliance with aggregation of rated thermal input capacity of combustion units within the Industrial Emissions Directive 2010/75/EU

• MCERTS: performance standards and test procedures for continuous emission monitoring systems (CEMs) and transportable CEMs in accordance with revised standards from the European Committee for Standardisation to ensure compliance with Directive 2010/75/EU (integrated pollution prevention and control)

• M20 quality assurance of continuous emission monitoring systems to ensure compliance with standards from the European Committee for Standardisation

• MCERTS: radioanalytical testing of environmental and waste waters in accordance with revised standard ISO 17025 from the International Organisation for Standardisation

• MCERTS: performance standard for laboratories testing samples from stack emissions monitoring in accordance with revised standard ISO 17025 from the International Organisation for Standardisation

• MCERTS: performance standard for laboratories undertaking chemical testing of soil in accordance with revised standard ISO 17025 from the International Organisation for Standardisation

• MCERTS: performance standard for manual stack emission monitoring organisations in accordance with revised standard ISO 17025 from the International Organisation for Standardisation

We have published new guidance on:

• M5 Monitoring of stack gas emissions from medium combustion plants and specified generators to ensure compliance with Directive (EU) 2015/2193 on the limitation of emissions of certain pollutants into the air from medium combustion plants

You now need an environmental permit for:

• biological treatment of sewage sludge to implement Paragraphs 5.3(a)(i) and 5.3(b)(i) of annex 1 of the Industrial Emissions Directive 2010/75/EU

Measures certified as concerning EU Withdrawal Bill operability measures

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Pro-competition

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Systemic financial risk

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Civil emergencies

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Fines and penalties

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Misuse of drugs

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Measures certified as relating to the safety of tenants, residents and occupants in response to the Grenfell tragedy

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Casework

Within England the Environment Agency is responsible for:

• regulating major industry and waste
• the treatment of contaminated land
• water quality and resources
• fisheries
• inland river, estuary and harbour navigations
• conservation and ecology
• managing the risk of flooding from main rivers, reservoirs, estuaries and the sea

Summary of the Environment Agency’s work (based on available data)

Permitting decisions:

• 16,284 determination decisions were made - 2,161 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs)

• 555 determination decisions were made across the entire radioactive substances regulation environmental permitting regime

• 783 permits were issued for the movement of live fish to or from fisheries

• 610 authorisations were issued for commercial fishing in the 2018 calendar year - authorisations are granted on a seasonal basis and are compiled over each calendar year

Appeals against permitting decisions:

• 9 appeals were received against permitting decisions

Appeals against regulatory decisions:

• 18 independent internal reviews were carried out under the provisions of the Regulators’ Code

Compliance assessment advice:

• 21,293 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes

• 15,845 CAR forms and letters were issued for permitted water discharge activities

• approximately 4,101 CAR forms were issued to water abstraction and impoundment licence holders

• 1,058 CAR forms were issued across the radioactive substances regulation environmental permitting regime

Registrations:

• 72,517 exempt activities were registered and 613 de-registered under the Environmental Permitting Regulations

• 524 commercial boats were registered

National Trading Regulatory Services:

• 622 consents were issued for international waste shipments, 7 of these were for radioactive wastes

• 5,474 registrations and 9,182 compliance assessment actions were carried out under the Producer Responsibility laws

• Climate Change Trading and Regulatory Services:

  • 2,629 permitting decisions were made

  • 804 compliance checks were completed

  • 664 entrants were registered and 218 de-registered

  • 7 appeals were received

  • 191 civil penalty notices were issued

Enforcement activity:

• 157 prosecution cases were completed

• 29 formal cautions were accepted

• 244 enforcement notices were served

• 1,130 warning letters were sent

• civil sanctions were used on 63 occasions - these are sanctions issued under the Regulatory Enforcement and Sanctions Act 2008

Education, communications and promotion

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Activity relating to policy development

There were 22 national public consultations.

Changes to management of regulator

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion