The Environmental Permitting (England and Wales) Regulations 2010
From 6 April, new Regulations will be in place imposing a completely revised set of Environmental Permitting Exemptions. Current Exemptions will be valid for a transition period, but new Exemptions will have to be registered under the new system and will only be valid for 3 years.
If you require assistance with registering Exemptions, please contact 360 Environmental.
The following tables show existing exemptions with their intended replacements then the new exemptions and which ones they replace. The latter shows the significant number of new exemptions that will be in place. The Exemption reference in the left hand column is, where possible, linked to the EA explanation.
In the Transition dates:
- (a) is where the transitional provision is extended until 1 Oct 2013 if the exempt waste operation involves the disposal or recovery of agricultural waste to agricultural land
- (b) is where the transitional provision is extended until 1 Oct 2013 if the exempt waste operation involves the disposal or recovery of a waste to agricultural land
Where links are shown, these will connect to the EA explanation of the requirements. These are not yet available for the new Exemptions.
The The Environmental Permitting (England and Wales) Regulations 2010 show all the new Exemptions in Schedule 3.
Defra have produced Draft Guidance on how the new Exemptions will work.
| EP Regs 2007 Exemption | Description | Final Transition date | New Exemption reference | Description |
| Para 2 | Scrap metal furnaces | 1 Oct 2013 |
| Local Authority control |
| Para 3 | Burning waste as fuel | 1 Oct 2013 |
| Local Authority control |
| Cleaning, washing, spraying or coating of waste packaging and containers | 1 Oct 2012 (b) | T1 | Cleaning, washing, spraying or coating relevant waste | |
| Burning waste as a fuel in an exempt appliance | 1 Oct 2012 (b) | U4 | Burning waste as a fuel in an exempt appliance | |
| Sludge on land | 1 Oct 2012 (b) |
| Requires Environmental Permit | |
| Waste fore the benefit of land | 1 Oct 2012 (a) | U10 | Spreading waste on agricultural land for benefit | |
| Secure storage of sludge | 1 Oct 2013 | S3 | Secure storage of sludge | |
| Land reclamation or improvement | 1 Oct 2012 (a) | U1 | Use of waste in construction | |
| Sewage and water treatment works | 1 Oct 2012 (a) | T20 | Treatment of waste at a water treatment works | |
| Treatment of waste for the purpose of recovery | 1 Oct 2012 (b) | T4 | Preparatory treatments (baling, sorting, shredding etc) | |
| Composting waste | 1 Oct 2011 (a) | T23 | Aerobic composting and associated prior treatment | |
| Manufacture and treatment of construction materials and timber products | 6 April 2012 (a) | T5 | Screening and blending of waste | |
| The manufacture of finished goods from waste | 1 Oct 2012 (b) | U9 | Use of waste to manufacture finished goods | |
| Beneficial use of waste | 1 Oct 2012 (b) | U8 | Direct and beneficial use of waste for a specific purpose | |
| Para 16 | Biobeds | 1 Oct 2013 | T32 | Treatment of waste in a biobed |
| Storage of waste in a secure place | 1 Oct 2012 (b) | S2 | Storage of waste in a secure place | |
| Storage of waste in a secure container | 1 Oct 2012 (b) | S1 | Storage of waste in secure containers | |
| Waste for construction | 1 Oct 2011 (a) | U1 | Use of waste in construction work | |
| Laundering or cleaning waste textiles | 1 Oct 2012 (b) | T2 | Recovery of textiles | |
| Chipping, shredding, cutting or pulverising of waste plant matter | 6 Apr 2012 (a) | T6 | Treatment of waste wood and plant matter by chipping, shredding, cutting or pulverising | |
| Recovery of silver from waste printing and photographic wastes | 1 Oct 2012 (b) | T30 | Recovery of silver | |
| Para 23 | Recovery of waste consisting of animal by-products at a collection centre | 1 Oct 2012 (b) | T22 | Treatment of animal by-product waste at a collection centre |
| Para 24 | Crushing, grinding or size reduction of bricks, tiles and concrete | 1 Oct 2013 | T7 | Treatment of waste bricks, tiles and concrete by crushing, grinding or size reduction (covered by Local Authority) |
| Deposit of dredgings from inland waterways | 1 Oct 2012 (b) | D1 | Deposit of dredgings from inland waterways | |
| Recovery of waste as an integral part of a process | 6 Apr 2010 |
| Non-waste framework exemption (no need to register) | |
| Treatment of waste at place of production | 6 Apr 2010 |
| Non-waste framework exemption (no need to register) | |
| Para 28 | Spreading ash | 1 Oct 2013 | U15 | Pig and poultry ash |
| Burning of waste in exempt incinerator at place of production | 1 Oct 2012 (b) | D6 | Disposal by incineration | |
| Burning of waste on open land at place of production | 1 Oct 2012 (b) | D7 | Burning of waste on open land at place of production | |
| Discharge of sanitary waste from passenger train | 1 Oct 2012 (b) | D2 | Discharge of sanitary waste from passenger train | |
| Burial of sanitary waste from removable receptacle | 1 Oct 2012 (b) | D3 | Deposit of sanitary waste from removable receptacle | |
| Keeping or deposit of peat excavation waste | 6 Apr 2010 |
| Covered by Mining Directive | |
| Keeping or deposit of spent railway ballast | 6 Apr 2010 |
| Non-waste framework exemption (no need to register) | |
| Deposit of mineral exploration waste | 6 Apr 2010 |
| Covered by Mining Directive | |
| Para 36 | Spreading of dredgings | 1 Oct 2013 | U10 | Spreading waste on agricultural land for benefit |
| Para 37 | Deposit of agricultural waste consisting of plant tissue at the place of production | 1 Oct 2013 | D4 | Spreading waste on agricultural land for benefit |
| Deposit or storage of waste samples | 1 Oct 2012 (b) | D5 | Deposit or storage of waste samples for purpose of testing or analysing them | |
| Secure storage of waste medicines, medical, nursing and veterinary wastes | 6 Apr 2010 |
| Non-waste framework exemption (no need to register) | |
| Repair or refurbishment of WEEE | 1 Oct 2012 (b) | T11 | Repair or refurbishment of WEEE | |
| Storage of WEEE pending recovery elsewhere | 1 Oct 2012 (b) | S2 | Storage of waste in a secure place | |
| Crushing of waste gas discharge lamps | 1 Oct 2012 (b) | T17 | Crushing of waste gas discharge lamps | |
| Para 43 | Glass manufacture and production | 1 Oct 2013 |
| Local authority - incorporated into Part B permit |
| Heating metals and metal alloys for the purpose of removing grease, oil or any other non-metallic contaminant | 1 Oct 2013 | T3 | Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc | |
| Recovery of scrap metal or the dismantling of waste motor vehicles | 1 Oct 2013 | T9 | Recovery of scrap metal | |
| Burning plant tissue waste and wood at a dock | 1 Oct 2012 (b) | D8 | Burning waste at a port under a Plant Health notice | |
| Para 47 | Treating land by the spreading of agricultural waste (milk) | 1 Oct 2013 | U10 | Spreading waste on agricultural land for benefit |
| Pet burial | 6 Apr 2010 |
| N/A | |
| Temporary storage of ships' garbage or tank washings (not available on EA site | 6 Apr 2010 |
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| Storing non-liquid waste pending its management elsewhere (not available on EA site | 6 Apr 2010 |
| Non-Waste Framework Directive - no exemption required | |
| Temporary storage of scrap rails (not available on EA site) | 6 Apr 2010 |
| Non-Waste Framework Directive - no exemption required | |
| Temporary storage of waste on the site where it is produced (not available on EA site) | 6 Apr 2010 |
| Non-Waste Framework Directive - no exemption required |
| New Exemption reference | Description | 2007 EP Regs Exemption | Description |
| Use of waste |
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| Use of waste for construction | Para 9 | Land reclamation or improvement | |
| Use of baled tyres in construction |
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| Use of construction waste for exhibits etc | Para 19 | Waste for construction | |
| Burning of waste as a fuel in a small plant | Para 5 | Burning waste as a fuel in an exempt appliance | |
| Use of biodiesel derived from waste |
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| Use of sludge for the purposes of re-seeding a waste water treatment plant |
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| Use of effluent to clean a highway gravel bed |
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| Use of waste for a specified purpose | Para 15 | Beneficial use of waste | |
| Use of waste to manufacture finished goods | Para 14 | The manufacture of finished goods from waste | |
| Spreading waste on agricultural land to confer benefit | Para 7 | Waste fore the benefit of land | |
| Spreading waste on non-agricultural land to confer benefit | Para 7 | Waste for the benefit of land | |
| Use of mulch |
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| Spreading of plant matter to confer benefit |
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| Incorporation of ash into soil |
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| Pig and poultry ash |
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| Use of depolluted end-of-life vehicles for vehicle parts |
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| Treatment of waste |
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| Cleaning, washing, spraying or coating relevant waste | Para 4 | Cleaning, washing, spraying or coating of waste packaging and containers | |
| Recovery of textiles | Para 20 | Laundering or cleaning waste textiles | |
| T3 | Treatment of waste metals and metal alloys by heating for the purposes of removing grease etc | Para 44 | Heating metals and metal alloys for the purpose of removing grease, oil or any other non-metallic contaminant |
| Preparatory treatments (baling, sorting, shredding etc) | Para 11 | Treatment of waste for the purpose of recovery | |
| Screening and blending of waste | Para 13 | Manufacture and treatment of construction materials and timber products | |
| Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising | Para 21 | Chipping, shredding, cutting or pulverising of waste plant matter | |
| Treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size | Para 24 | Crushing, grinding or size reduction of bricks, tiles and concrete | |
| Mechanical treatment of end-of-life tyres |
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| Recovery of scrap metal | Para 45 | Recovery of scrap metal or the dismantling of waste motor vehicles | |
| Sorting mixed waste |
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| Repair or refurbishment of WEEE | Para 40 | Repair or refurbishment of WEEE | |
| Manual treatment of waste |
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| Treatment of waste food |
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| Crushing and emptying waste vehicle oil filters |
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| Treatment of waste aerosol cans |
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| Treatment of waste toner cartridges by sorting, dismantling, cleaning or refilling |
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| Crushing waste fluorescent tubes | Para 42 | Crushing of waste gas discharge lamps | |
| Dewatering using flocculants |
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| Physical treatment of waste edible oil and fat to produce biodiesel |
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| Treatment of waste at a water treatment works | Para 10 | Sewage and water treatment works | |
| Recovery of waste at a waste water treatment works | Para 10 | Sewage and water treatment works | |
| Treatment of animal by-product waste at a collection centre | Para 23 | Recovery of waste consisting of animal by-products at a collection centre | |
| Aerobic composting and associated prior treatment | Para 12 | Composting waste | |
| Anaerobic digestion at premises used for agriculture and burning of resultant biogas | Para 12 | Composting waste | |
| Anaerobic digestion at premises not used for agriculture and burning of resultant biogas | Para 12 | Composting waste | |
| Treatment of kitchen waste in a wormery |
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| Treatment of sheep dip for disposal |
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| Sorting and de-naturing of controlled drugs for disposal |
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| Treatment of non-hazardous pesticide washings by carbon filtration for disposal |
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| Recovery of silver | Para 22 | Recovery of silver from waste printing and photographic wastes | |
| Recovery of monopropylene glycol from aircraft antifreeze fluids |
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| Treatment of waste in a biobed or biofilter | Para 16 | Biobeds | |
| Recovery of central heating oil by filtration |
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| Disposal of waste |
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| Deposit of waste from dredging of inland waters | Para 25 | Deposit of dredgings from inland waterways | |
| Deposit of waste from a railway sanitary convenience | Para 31 | Discharge of sanitary waste from passenger train | |
| Deposit of waste from a portable sanitary convenience | Para 32 | Burial of sanitary waste from removable receptacle | |
| Deposit of agricultural waste consisting of plant tissue under a Plant Health notice | Para 37 | Deposit of agricultural waste consisting of plant tissue at the place of production | |
| Depositing samples of waste for the purposes of testing or analysing them | Para 38 | Deposit or storage of waste samples | |
| Disposal by incineration | Para 29 | Burning of waste in exempt incinerator at place of production | |
| Burning waste in the open | Para 30 | Burning of waste on open land at place of production | |
| Burning waste at a port under a Plant Health notice | Para 46 | Burning plant tissue waste and wood at a dock | |
| Storage of waste |
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| Storage of waste in secure containers | Para 18 | Storage of waste in a secure container
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| Storage of waste in a secure place | Para 17 | Storage of waste in a secure place | |
| Storage of sludge | Para 8 | Secure storage of sludge | |
Further information can be found on both Simple and Complex Exemptions on the Environment Agency, SEPA and NIEA website.