On 2 March 2023 the Department for Environment, Food and Rural Affairs (DEFRA), published a consultation to seek views on proposed changes to legislation on persistent organic pollutants (POPs), including changes to waste limits and specific exemptions.
On 4 April 2024 they published a summary of responses from that consultation and the government response.
Purpose of the consultation
Assimilated Regulation 2019/1021 on persistent organic pollutants (POPs), was retained into UK law when the UK left the European Union. The consultation proposed changes to this Assimilated Regulation as European Amendments to Regulation (EU) 2019/1021, on POPs no longer apply to the UK.
Some of the proposed amendments related to the implementation of additions and changes made to the UN's Stockholm Convention on POPs into UK law, which the UK, as party to the convention, must implement. They also considered other options relating to reviews of Assimilated Regulation 2019/1021 in response to scientific or technical progress.
DEFRA sought to generate further evidence to inform future policy positions and potential responses to amendments to the UN's Stockholm Convention on POPs. The options and potential amendments in the consultation relate to:
The consultation ran for eight weeks before closing on 27 April 2023 and sought to seek stakeholders' views on those proposal and policy options.
Responses on waste concentration limits
A total of 58 responses to the consultation were received. Support for the eight proposed waste limits were varied and responses were considered alongside additional evidence, including, for example:
The government intend to prioritise implementation of the lead proposals for Dicofol, PFOA, PFHxS, and PCP, and proposal 3 (500mg per kg) for PBDE. They will continue to consider and assess opportunities and potential impacts of proposals for:
They are not prioritising amending or adding the existing waste concentration limits for these substances because there are still uncertainties around potential impacts and most appropriate values, including those raised by respondents to this consultation.
The government will continue to review existing waste limits, including for these substances, with consideration of the potential impact on UK stakeholders as well as the governments intention to minimise emissions of POPs to protect human health and the environment. This will be in line with the Stockholm Convention and the Basel Convention's technical guidelines on the environmentally sound management of wastes consisting of, containing or contaminated with POPs.
Responses on removal of existing specific exemptions
Specific exemptions allowing the continued use of prohibited POPs are rare, apply only to very specific activities, and are generally time-limited with expiry dates as deemed appropriate under the Stockholm Convention. Once these specific exemptions are no longer required by Parties, there is an expectation that these exemptions are removed from relevant legislation, as well as the register of specific exemptions listed on the Stockholm Convention website.
This consultation presented no new compelling evidence that these exemptions were still required by industry in Great Britain. However some industry members raised concerns that these substances may be in their supply chains and therefore the current exemptions may still be required.
Therefore the government are not prioritising the removal of some of these specific exemptions ahead of their existing expiry dates, especially where potential impacts remain uncertain. This is the case for certain exemptions for DecaBDE and SCCPs, where uncertainties remain regarding potential impact on activities such as the recycling of PVC cable granulate.
The government do not intend to amend the currently available specific exemptions for DecaBDE and SCCPs at this time. On the removal of an exemption for the use of PFOA, the government intends to amend it by bringing forward its ultimate potential expiry date from 31 December 2036 to 31 December 2026.
They received no compelling evidence that exemptions under the PFOA listing, covering uses including in gas filter membranes and industrial sealants and industrial waste heat exchanger equipment were still required. These exemptions expired on 4 July 2023.
The proposed removal of an exemption for the use of PFOS, which covers use as a mist suppressant, was also supported by respondents with no objections. As a result the government have no intention to prolong this derogation beyond its default expiry date of 7 September 2025, as it is currently provided for in the POPs Regulation, through relevant competent authorities have until 7 September 2024 to justify whether they view this exemption as still required.
Responses on amendments to Unintentional Trace Contaminant (UTC) exemptions
Unintentional trace contaminant levels provide clarity to industry. Often they are generic UTC levels applying to a range of articles, substances and mixtures, but in some cases, as with a UTC for use in transported isolated intermediates, they have specific applications. Derogations of this type are in place to provide clarity to business, but once they are no longer required there is the expectation on the UK, as a Party to the Stockholm Convention, that they are removed from the relevant legislation.
This is in line with the ambition of the Stockholm Convention, to reduce or eliminate releases of POPs from intentional production and use. The proposal to remove the UTC for the use of PFOA in transported island intermediates received strong support in the consultation on the basis that it was no longer required and that the tightening of regulations was beneficial to the environment. This proposed amendment will be a priority for inclusion in future legislation.
There was strong engagement on the proposed amendments to the UTC limit for PFOA in PTFE micro-powders. Industry demonstrated that the proposed changes were achievable, while other respondents including environmental NGOs supported the proposals as they would reduce the risk of PFAS pollution. The proposals to remove the phrase "of up to 400 kilograys" from this exemption also received no objection. Therefore the proposed amendments to the UTC for PFOA in PTFE micro-powders will also be progressed in future legislation.
Responses on UTC exemptions proposals (iii, iv and v) for PCP, HCB and other POPs
Legislating on UTC exemptions and/or limit thresholds provides industry with clarity while also aligning with the UK's obligations as a Party to the Stockholm Convention to eliminate, prohibit or restrict chemicals listed as POPs. The proposed UTC level will provide greater clarity to industry and will provide industry with the additional clarity of regulatory alignment with the EU.
The government intend to introduce a UTC level of 5mg per kg for PCP and 10mg per kg for HCB at the next opportunity. They will also continue to consider the case for additional limits, though there are no plans to introduce any at this stage.
There are currently no plans to introduce a generic UTC level across all POPs, but the government will continue to review the potential need for new UTC levels on an ongoing basis, including for those substances referred to by respondents in this consultation. This work may inform potential amendment of waste concentration limits for these substances in future updates of the POPs Regulation.
Responses on addition of Toxic Equaivalency Factor (TEF) value
Very little new data was gathered through this consultation on the proposed changes to the TEF table. DEFRA will continue to explore opportunities and potential impacts of amending the POPs Regulation in this way.
Responses on proposals to maximum concentration limits for hazardous waste disposal
Since the consultation, a respondent has clarified that land is unlikely to be contaminated with POPs at levels in excess of the waste concentration limits in the Full Text of Annex 4 of the POPS Regulation, which means the proposed amendments to the Full Text of Annex 5 will not be relevant to the management of contaminated land. Also, if waste concentration limits are exceeded, an operator would need to apply to the regulator to make use of the alternatives to destruction that the Full Text of Annex 5 provides for.
The proposed amendment to the scope of the maximum concentration limit for dioxins and furans to include dioxin-like PCBs will be further considered at a further date, alongside potential future amendments to the Full Text of Annex 4 to include dioxin-like PCBs. All other proposed amendments to the Full Text of Annex 5 will be prioritised for inclusion in upcoming legislation.
The government received no objections to the proposed changes to the maximum concentration limits. They intend to continue with the addition of concentration limits for PCP, Dicofol, PFOA and PFHxS in line with their addition to the Full Text of Annex 4. They will also continue with the proposal to add new European Waste Codes to the Full Text of Annex 5 and clarify the scope of 2 substances in the Full Text of Annex 5.
Next steps
The government intends to move forward with a number of the proposed changes to the POPs Regulation when parliamentary time allows. These include:
They will continue to review other potential amendments to the POPs Regulation moving forward, including in response to generation of new evidence and relevant international decisions and guidelines, such as those of the Stockholm and Basel Conventions.
