Transform

A major shake-up of the main regime addressing industrial pollution in England is coming, warns Neil Howe.

06/10/2025

 

It is looking like a busy few months, with big changes to the industrial activities side of environmental permitting, along with details of the long-awaited waste exemption reforms.

Permitting modernisation

Defra has launched a consultation on proposed reforms to the industrial emissions permitting framework in England. Reviews of the current regime, while emphasising it has been an overall success, found it to be outdated, slow and not flexible enough to support the rapid industrial and clean energy transformation needed to accelerate innovation, streamline regulation and support the net-zero transition. The proposed changes focus on industrial activities only, such as installations and medium combustion plants. They will not cover waste or mining waste operations, and will exclude activities involving radioactive substances, water discharge, groundwater or flood risk. https://tinyurl.com/32wnrh4w

image

 

Waste exemption reforms

Defra has published a policy paper on the new waste exemptions system in England and Wales. The new policy targets the widespread abuse of the low-risk waste exemptions, which are often used to disguise illegal activities, such as large-scale stockpiling and landfill tax evasion, costing the economy an estimated £87m a year. The reforms will be carried out by amending the Environmental Permitting (England and Wales) Regulations 2016, and aim to improve regulatory clarity, crack down on waste crime and protect legitimate businesses. https://tinyurl.com/59379rkj

 

New charges for waste exemptions

Linked to the waste exemption reforms above, the Environment Agency has introduced new charges aimed at tackling waste crime and funding regulatory work. From 1 July 2025, those registering a waste exemption will have to pay a registration fee and a compliance charge. Some exemptions will apply, and discounts are available if multiple exemptions are registered. https://tinyurl.com/bdv8jkym 

 

On the watchlist

PFAS in firefighting foam

A consultation has begun on restrictions on the sale and use of per- and polyfluoroalkyl substances (PFAS), or ‘forever chemicals’, in firefighting foams. https://tinyurl.com/mcapa77s

 

Waste carriers, brokers and dealers

Defra has outlined plans to improve the waste carrier, broker and dealer system in England, aimed at making it easier for regulators to target high-risk waste operators effectively.  https://tinyurl.com/2rzu5z9x

 

Power shift for devolution

A new English Devolution and Community Empowerment Bill aims to broaden and deepen devolution across England, providing mayors with unprecedented powers to deliver growth. The Bill will specify a ‘strategic authority’ for each area, which will take on functions previously held by central government, such as housing, transport, economic development, net zero, skills and employment support. https://tinyurl.com/bdkdfnne

 

Awareness of air pollution

The Welsh government has published proposals to support and encourage voluntary actions to improve air quality. A Promoting Awareness Delivery Plan will outline how to raise awareness in Wales about the risk to human health and the natural environment caused by air pollution, as well as ways to reduce pollution. https://tinyurl.com/2bacxpxj

 

In court

The Environment Agency has successfully fined East Midlands Airport £892,500 for three offences of breaching environmental permits by allowing discharges of drainage water containing aircraft and runway de-icing fluid. https://tinyurl.com/45ufj49yw

 

In Wildcat Haven Community Interest Company v Scottish Ministers, the Supreme Court has rejected a challenge to the approval of a wind farm in the Scottish Highlands on grounds of environmental harm to the endangered wildcat population. https://tinyurl.com/yc7jkmyj

 

Neil Howe PISEP is head of writingat Barbour EHS