Research and analysis

Non-qualifying regulatory provisions under the business impact target: 2017 to 2018

Updated 12 January 2023

The Environment Agency’s non-qualifying regulatory provisions listed by exclusion category in the business impact target (BIT) reporting period 9 June 2017 to 20 June 2018.

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

1. Measures certified as being below de minimis

These are measures with an equivalent annual net direct cost to business below £5 million.

Summary of measures:

• Enforcement and Sanctions Guidance, and Enforcement and Sanctions Statement combined into a new Enforcement and Sanctions Policy
• Regulatory Position Statement 112 amended to reduce the amount of waste plastics that can be stored on a site
• regulatory position statement allowing use of upflow sludge blanket digestion systems at on-farm anaerobic digestion plants withdrawn
• Solway Firth net restrictions amended to:
  • reduce how many salmon and sea trout can be caught
  • increase the amount of time when fishing is allowed

Changes in regulatory approach and associated increase in annual fees implemented under the Environment Agency (Environmental Permitting) (England) charging scheme 2018:

• audits for landspreading mobile plant permit holders on a 4 year cycle
• additional site visit each year for Deposit for Recovery permitted sites
• additional site visit during first year of operation for waste transfer and treatment permitted sites

2. 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.

Summary of measures:

• publication of updated guidance on the monitoring of stack emissions to air in accordance with revised standards from the European Committee for Standardization to ensure compliance with Directive 2010/75/EU (integrated pollution prevention and control)
• introduction of standard rules for the unintentional receipt of radioactive substances to meet the requirements of the EU Basic Safety Standards Directive
• changing EU Emissions Trading System 2018 compliance deadlines for UK-regulated participants to a date before 29 March 2019 - the date the UK will leave the EU
• implementation of the farming rules for water to meet the requirements of the Water Framework Directive

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

• measures certified as concerning EU Withdrawal Bill operability measures
• pro-competition
• systemic financial risk
• civil emergencies
• fines and penalties
• misuse of drugs
• measures certified as relating to the safety of tenants, residents and occupants in response to the Grenfell tragedy

3. 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

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

Permitting decisions:

• 16,389 determination decisions were made - 1,430 of these were permit variations to secure the required environmental outcomes from the water company periodic review (asset management plan outputs)

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

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

• 739 authorisations were issued for commercial fishing in the 2017 calendar year - authorisations are granted on a seasonal basis and are compiled over each calendar year

Appeals against permitting decisions:

• 14 appeals were received against permitting decisions

Appeals against regulatory decisions:

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

Compliance assessment advice:

• 18,144 compliance assessment report (CAR) forms were issued to permitted waste operations and facilities which carry out industrial processes

• 15,549 CAR forms and letters were issued for permitted water discharge activities

• approximately 5,000 CAR forms were issued to water abstraction and impoundment licence holders

• 1,070 CAR forms were issued across the radioactive substances regulation environmental permitting regime

Registrations:

• 63,388 exempt activities were registered and 1,103 de-registered under the Environmental Permitting Regulations

• 474 commercial boats were registered

National Trading Regulatory Services:

• 720 consents were issued for international waste shipments, 8 of these were for radioactive wastes

• 11,158 registrations and 7,204 compliance assessment actions were carried out under the Producer Responsibility laws

• Climate Change Trading and Regulatory Services:

  • 842 permitting decisions were made

  • 913 compliance checks were completed

  • 496 entrants were registered and 233 de-registered

  • 4 appeals were received

  • 90 civil penalty notices were issued

Enforcement activity:

• 158 prosecution cases were completed

• 80 formal cautions were accepted

• 188 enforcement notices were served

• 935 warning letters were sent

• civil sanctions were used on 65 occasions - these are sanctions issued under the Regulatory Enforcement and Sanctions Act 2008

4. Education, communications and promotion

Summary of measures:

• continuation of work with industry on the ‘Right Waste, Right Place’ campaign to help waste producers meet their waste Duty of Care obligations

5. Activity related to policy development

Summary of measures:

• there were 8 national external consultations

6. Changes to management of regulator

Summary of measures:

• corporate services staff were transferred to Defra and became part of a new corporate services function for the whole Defra group