Consultation on three new and two amended standard rules permits

Overview

We are able to make standard rule environmental permits to reduce the administrative burden on business while maintaining environmental standards. They are based on sets of standard rules that we can apply widely across Wales providing the location criteria and conditions laid out in each can be met. The rules are developed using assessments of the environmental risk posed by the activity.

This consultation is proposing to:

• Create three new standard rules permits
• Amend two existing standard rules permits

Before we do this we must consult for a period of 3 months to allow the public, industry and anyone else with an interest to comment on the proposals. We must provide details and justification on why these changes are being made.

Who this will be of interest to

We think this consultation will be of particular interest to:

Operators, trade associations and businesses: this is your opportunity to ensure that the revised rules work for you and your industry but also provide the necessary protection to the environment and human health.

Other regulators, the public, community groups and non-governmental organisations with an interest in environmental issues: this is your opportunity to ensure that the revised rules provide the necessary protection to the environment and human health, whilst still being useful to industry.

Why are we doing this

This consultation deals with some new and amended Standard Rules Permits, which are due to proposed changes to the waste exemptions regime. These changes are being made by Welsh Government and the Department for Environment, Food and Rural Affairs (Defra). They have been working on changes to legislation to tackle waste crime and reduce poor performance - Reducing crime at sites handling waste, and introducing fixed penalties for waste duty of care. This included proposed reforms to waste exemptions to improve compliance with exemptions and reduce waste crime. It also aimed to ensure pollution risks are better controlled and reduce the risk posed by exempt activities, in particular risks of fire and abandonment.

You can find more details on the proposed changes to waste exemptions in the ‘government response’ document. This explains what changes we can expect, why they are being made, and when they are likely to happen. There is also an Annex which gives more detail on the individual changes including the new conditions for each of the amended exemptions.

Exemptions that will be changed:

• U1 - Use of waste in construction
• T4 - Preparatory treatments (baling, sorting, shredding etc)
• T6 - Treatment of waste wood
• T12 - Manual treatment of waste
• D7 - Burning waste in the open
• S1 - Storage of waste in secure containers
• S2 - Storage of waste in a secure place

Exemptions that will be withdrawn:

• T8 - Mechanical treatment of end-of-life tyres
• T9 - Recovery of scrap metal
• U16 - Use of depolluted end-of-life vehicles for parts

What we are doing

As a result of these proposed changes, we expect more activities will need to be regulated by environmental permits. This is because, for example, the withdrawal of the T8 exemption means anyone treating tyres will need a permit in future.

After reviewing our Standard Rules Permits to ensure suitable permits are available for those affected by the changes, we have created new and amended rule sets for a number of waste activities. We believe these will help operators to transition from the exemptions regime to the permitting regime. The new standard rules sets are aimed mainly at operators of waste sites currently operating under exemptions T8 (tyre recycling), T12 (for mattress recycling) and T4 (for paper, cardboard, and plastic baling).

We're proposing to create the following standard rules permits

Non–hazardous waste (storage and treatment)

3 new standard rules sets and the associated generic risk assessments, as well as the charges associated with the new standard rule sets

• SR2024 No 01 - Waste mattresses for recovery to replace the T12 exemption
• SR2024 No 02 - Waste tyres for recovery to replace the T8 exemption
• SR2024 No 03 - Waste paper, cardboard and plastic for recovery to replace the T4 exemption.

We're proposing to change the following standard rules permits

Amendments to two existing standard rule sets plus an update to the wording of the following conditions. No amendments to the GRAs for these activities are proposed.

• SR2008 No 12 - Non hazardous household waste amenity site amended to include tyres and Construction and Demolition waste
• SR2008 No 13 - Non hazardous and hazardous household waste amenity site amended to include tyres and Construction and Demolition waste

Why your views matter

We would like your views on the proposed changes to the following standard rules sets:

This consultation is your opportunity to comment on our proposed new rules and amendments to existing rules. We particularly want your feedback on the questions found from the Give us your view link. You will need to look at the draft standard rules permits.