Waste exemptions changes expected

Back in 2018, the Government and the Welsh Government launched a consultation looking at ways of tackling crime and poor performance in the waste sector. Part of the consultation looked at how waste exemptions could be reformed in order to prevent such exemptions being used to cover up illegal activity.

Following that consultation, the Government has set out how it intends to reform the waste exemptions regime, which operates within the environmental permitting system under the Environmental Permitting (England and Wales) Regulations SI 2016/1154.

As a result, we've highlighted some of the key proposals below. It is important to note that at this point, the changes are proposals and nothing has officially changed.

Waste exemptions regime

The waste exemptions regime is designed to allow some low risk waste activities to be carried out under a registration scheme. Whilst some activities will have to be registered, no activity covered by the exemptions regime will have to be carried out with an environmental permit issued under the Environmental Permitting (England and Wales) Regulations SI 2016/1154.

The exemptions do have conditions that need to be complied with if someone wants to use it.

However, between 2024 and 2025 it is expected that some waste exemptions will be changed (these timescales are based on Government estimates, but have not been finalised). If you currently operate under a waste exemption, it is important to familiarise yourself with the proposed changes to see if they might affect your operations.

What is changing?

There are lots of changes to take into consideration. Some are to specific exemptions whilst others are more generic covering all waste exemptions, many of which will be implemented via amendments to the Environmental Permitting (England and Wales) Regulations SI 2016/1154. Some of the wider changes include:

• prohibiting permitted sites from also using waste exemptions;
• prohibiting exemptions from being registered on adjacent sites where there is a direct link. This will affect currently exempt waste activities carried on adjacent to a permitted waste operation, under the control of the same operator or using the same staff, equipment or infrastructure without which the exempt activity could not take place;
• clarifying that where more than one exemption is registered at a site, the storage limit for each waste type will be limited to the lowest limit set in the exemptions;
• ensuring that S1 and S2 exemptions cannot be registered at a site where there is a direct link to any other waste exemption;
• a requirement that operators keep general records relating to the exempt waste operations. It is expected that record forms will need to be completed for regulators which includes information such as the waste types handled and details of waste throughputs;
• a requirement that operators keep records in an electronic format and/or in an IT system designated by the regulator;
• providing powers to regulators to request additional information at registration, on an ongoing basis or at the end of an operation, where required. Requests will be on a case-by-case basis.

Changes to specific exemptions

The Government is also proposing changes to ten specific exemptions. Below is a summary of which exemptions are affected, and how they are proposed to be changed:

• U1 - use of waste in construction. Conditions will be changed in order to restrict waste types, quantities and activities for certain construction activities. The title will also change to "Use of wastes to construct and maintain surfaces and barriers";
• U16 - Using depolluted end-of-life vehicles for parts. This exemption will be removed and any activities carried out under the exemption will need an environmental permit in the future;
• T4 - Preparatory treatments, such as baling, sorting, shredding. Storage limits will be reduced and the conditions for specified waste types will be amended to ensure more frequent turnover and reduce stockpiling. The title will also change to "T4 Preparatory treatment of waste";
• T6 - treating waste wood and waste plant matter by chipping, shredding, cutting or pulverising. Storage limits will be reduced and conditions amended for specified waste types to ensure more frequent turnover and reduce stockpiling. The title will also change to "Treatment of waste wood and plant matter";
• T8 - Mechanically treating end-of-life tyres. This exemption will be removed and any activities carried out under the exemption will need an environmental permit in the future;
• T9 - Recovering scrap metal. This exemption will be removed and any activities carried out under the exemption will need an environmental permit in the future;
• T12 - Manually treating waste. Stricter conditions will be introduced to minimise risk, including a risk of fire, and also to prevent waste from being stockpiled and abandoned;
• D7 - Burning waste in the open. Storage time limits and conditions will be adjusted. The Government will also remove the use of certain types of waste to minimise risk to the environment. The title will be changed to "Burning vegetation at the site of production";
• S1 and S2 - Storage of waste. S1 and S2 will be renamed to better reflect the materials that should be stored under them.They are also being reformed. More information is available in Annex 6, a link to which is provided below;
• Non-Waste Framework Directive - Storage limits in exemption 3 (temporary storage of waste at a site controlled by the producer) and exemption 4 (temporary storage at a collection point) will be increased from 50 to 100 cubic metres.

The Government has published a series of Annexes which explain in more detail the changes that are proposed. These Annexes can be viewed herein Annexes 1-6.

Other amendments

In addition to the above changes, the Government has proposed some technical changes to exemptions including:

• altering the waste codes in some exemptions to make it clearer what waste types they cover;
• minor amendments to the Environmental Permitting (England and Wales) Regulations SI 2016/1154 to provide clarity, correct errors and ensure consistency across the waste exemptions regime.

The Government also recognises that because of these changes, new or amended standard rules permits may need to be created. Regulators will carry out consultations in the future regarding new standard rules permits.

Transitional provisions

Whenever these changes are introduced, there will be transitional changes in place. This should allow operators enough time to adapt to any changes before the amendments take hold. The transitional periods will take into account a series of principles, meaning not all of the transitional provisions will be the same length.

Next steps

The Government hopes that the proposed amendments to the Environmental Permitting (England and Wales) Regulations SI 2016/1154 will be made within the next year (that aim was published in February 2023). The latest update is that these changes are now expected to happen in 2025, but the timetable has still not been finalised - so now it is just a case of keeping an eye on any further announcements, draft documents or the publication of amendments.

As soon as anything happens, we'll let you know. Be sure to follow us on Twitter (@cedrec_news), and LinkedIn for all of the latest updates.