Environmental Legislation Update

Environmental Legislation Update Peter Schofield Director and Principal Environmental Consultant M: 07920 194998 E: peters@gepenv.co.uk W: www.gepenv.co.uk

Environmental Legislation Update Summary of Updates • Policy and Legislation Updates • Helpful Guidance • Fines • What’s on the horizon?

Policy and Legislation Updates

Last Time: Net Zero The UK’s contribution to stopping global warming Outlines that the UK should legislate as soon as possible to reach net zero Greenhouse Gas emissions by 2050 This would (if legislated) go beyond the current legislated target under the Climate Change Act 2008 of an 80% reduction in GHG’s by 2050 (on 1990 levels). It should be noted that this varies as below: • England – Net zero by 2050 • Scotland – Net zero by 2045 • Wales – 95% reduction by 2050

Climate Change Act 2008 updated Climate Change Act 2008 (2050 Target Amendment) Order SI 2019/1056 It amends the Climate Change Act 2008 in orderto make sure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline. This target has been raised from 80%.

Reducing UK Emissions - 2019 Progress Report The Committee on Climate Change (CCC) is an independent non-departmental public body that advises the United Kingdom and devolved Governments and Parliaments on tackling and preparing for climate change. CCC provides an annual report to Parliament, assessing progress in reducing UK emissions over the past year. It finds that UK action to curb greenhouse gas emissions is lagging behind what is needed to meet legally-binding emissions targets.

Reducing UK Emissions - 2019 Progress Report

Reducing UK Emissions - 2019 Progress Report Projected progress. The Government's own projections demonstrate that its policies and plans are insufficient to meet the fourth or fifth carbon budgets (covering 2023-2027 and 2028-2032). This policy gap has widened in the last year as an increase in the projection of future emissions outweighed the impact of new policies. Current policies need to be taken forward and future policies needs to be more ambitious.

EU Withdrawal Act 2018 Statutory Instruments The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. • There are over 130 confirmed (EU Exit) Statutory Instruments that will come into force on ‘exit day’ • Designed to provide a degree of assurance and certainty to organisations that legislation will continue – particularly important as a lot of these are linked to funding/fees • These EU Exit SI’s are for legislation that is derived from EU Directives (i.e. doesn’t include domestic Statutory Instruments)

EU Withdrawal Act 2018 Statutory Instruments Themes: • Vehicles • Electricity Production • Shipping • Planning Controls • Energy Efficiency • Air Quality • Renewables • Wildlife Protection • GHG Emissions • Waste Management • Railways • Fisheries • Chemicals • Aviation

Energy Saving Opportunities Scheme (ESOS) – Upcoming Deadline! • Applies to ‘large undertaking’ (>250 employees OR £44.8 million annual turnover and balance sheet of £38.6 million) • The deadline for the second compliance period (Phase 2) is 5th December 2019. • Most organisations select energy data that correlates with their Financial Year (so as of 1st April 2019most organisations will be collating energy data) • To be compliant: • Appoint a registered ESOS Lead Assessor • Calculate Total Energy Consumption (TEC) • Conduct Energy Audits and a Transport Assessment may be required! • Regulator (EA) notification must be submitted by 5th December

Helpful Guidance

Medium Combustion Plants and Specified Generators– New Guidance Available Combustion Plant and Generators are typically used to generate electricity by combusting different fuels. The aim of the legislation is to reduce SO2, NOX and dust emissions by setting emissions limits for plant. Published: July 2019 Available from GOV.UK Guidance for: • Checking whether you need an Environmental Permit • Checking if your combustion plant can meet Environmental Permit conditions • How to apply for an Environmental Permit • How to comply with an Environmental Permit

New ISO Standard - Published! ISO 14090:2019 Adaptation to Climate Change. Principles, requirements and guidelines • Sets out how organisations can prioritise and develop effective, efficient, specific and deliverable adaptations which will increase resilience and demonstrate robust and credible risk management • It is relevant to all sizes and types of organizations whose activities, products and services might be at risk from, or in some cases able to take advantage of, climate change.

Streamlined Energy and Carbon Reporting (SECR) – a new reporting requirement? Companies (Directors' Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations SI 2018/1155 • Applies to all UK registered quoted companies AND applies to ‘large’ UK unquoted companies which are defined as meeting at least two of the following criteria (>250 employees, £36 million turnover and balance sheet of £18 million) • Applies from 1st April 2019 • What do you need to do? • Disclose an ‘Energy and Carbon Report’ • Scope 1 and Scope 2 Greenhouse Gas Emissions • Annual energy consumption (kWh) • Energy efficiency measures taken in the last year

Streamlined Energy and Carbon Reporting (SECR) – new guidance available Environmental reporting guidelines: including Streamlined Energy and Carbon Reporting requirements Updated: 31 March 2019 Available from BEIS (Gov.UK) Updates include: • Group reporting legislation; • Public sector reporting requirements; • Mandatory GHG reporting requirement; • Confirmation that for those organisations choosing not to dual report (still our preferred approach), we encourage use of location-based reporting method.

Fines

Southern Water fined £126m for spills of wastewater into the environment • Southern Water has been fined for spills of wastewater into the environment from its sewage plants and for deliberately misreporting its performance • The failings include: • not making necessary investment which led to equipment failures and wastewater spills; • Ofwat also found that Southern Water has manipulated its wastewater sampling process, meaning it misreported performance information • Southern Water will pay a fine of £3m and £123m to customers, resulting in a rebate of at least £61 per customer

Biffa fined £350,000 for attempting to export unsorted waste to China • Follow an Environment Agency investigation Biffa were fined for attempting to export unsorted waste to China • Containers were intercepted at Felixstowe and contained food packaging, items of clothing, wood, tin cans, plastic bottles and electric cables • The waste documents described the waste as ‘waste paper’ • Biffa are also facing further charges of illegally exporting 42 containers of waste to India and Indonesia *The Court fined Biffa £350,000, ordered them to pay costs of £240,000, and a further £9,912 under the Proceeds of Crime Act 2002 (POCA).

Biowood Recycling Ltd fined £314,000 for an illegal waste site • The illegal storage of 5,300 tonnes of mixed waste has resulted in a custodial sentence for the person who set the site up • Biowood Recycling Ltd. were ordered to pay more than £314k to the landowner in compensation and fined £12,690, for knowingly supplying waste to site without an environmental permit • The site owner registered for a waste exemption but was in breach of the exemption’s limits (specifically failing to comply with their Statutory Duty of Care under the Environmental Protection Act)

What’s on the horizon?

What’s on the horizon?- Consultation on EV chargepoints in residential and non-residential buildings The Department for Transport (DfT) is seeking views on the proposal to legislate the inclusion of electric vehicle chargepoints in new residential and non-residential buildings. Scope: • In line with ‘Road to Zero’ strategy to deliver a plan for all new cars and vans to be effectively zero emissions by 2040 • This is viewed as essential to deliver net-zero carbon by 2050 • Consultation closes on 7th October 2019

What’s on the horizon?- Consultation on EV chargepoints in residential and non-residential buildings • Every new residential building with an associated car parking space to have a chargepoint, • Every residential building undergoing a major renovation with more than 10 car parking spaces to have cable routes for electric vehicle chargepoints in every car parking space; • Every new non-residential building and every non-residential building undergoing a major renovation with more than 10 car parking spaces to have one chargepoint and cable routes for an electric vehicle charging point for one in five spaces; • At least one chargepoint in existing non-residential buildings with more than 20 car parking spaces, applicable from 2025.

What’s on the horizon?- Consultation on a Smart Meter Policy Framework post 2020 The Department for Business, Energy and Industrial Strategy (BEIS) has called a Consultation on proposals to help develop a policy framework for smart meters post 2020. Scope: • Consulting proposals in order to help inform the policy framework for energy suppliers, that are to continue installing smart meters after 31 December 2020 (this is when the current rollout duty ends) • By transforming the way that energy is used, there can be a great push to decarbonise the energy sector, and this will help to deliver the long-term target of net-zero greenhouse gas emissions by 2050 • Consultation closes on 11th November 2019

What’s on the horizon?- Consultation on a Smart Meter Policy Framework post 2020 BEIS are seeking general views from consultees on topics such as: • the future of coordinated consumer engagement activity beyond 2020, in the context of increasing numbers of households and small businesses having smart meters; • potential future policy measures to complement any policy framework that appears beyond 2020, including initiatives to ensure that consumer benefits are maintained.

What’s on the horizon?- Consultation on measures to reduce personal water use The Department for the Environment, Food and Rural Affairs (DEFRA) has published a new Consultation on measures that could be introduced to reduce personal use of water. Scope: • Climate Change, increase in population, environmental requirements and increased demand for water may cause pressure on surface and groundwater supplies in the future. • To maintain current resilience at least 3,300 million litres per day of additional capacity in the water supply system is required by 2050. • Consultation closes on 11th October 2019

What’s on the horizon?- Consultation on measures to reduce personal water use The Consultation wants views on various measures such as: • more ambitious water efficiency standards in the Building Regulations; • provision of information on water efficiency displayed on water-using products and how it could affect customers; • different types of water metering, including smart water metering; • incentives to encourage customers to use less water; • rainwater harvesting and greywater recycling; • improved water supply pipe management; • behavioural change.

That’s all for now… Peter Schofield Director and Principal Environmental Consultant M: 07920 194998 E: peters@gepenv.co.uk W: www.gepenv.co.uk

Environmental Legislation Update