The Environment Agency has published a policy paper setting out its strategy to enable safe and sustainable sludge use on land.

Publication of the strategy sets out the EA’s purpose, principles and priorities following the Agency’s review of the current regulatory regime for sludge treatment, storage and use.

The 3 main principles of the strategy are:

• Modernise and clarify the regulatory framework.
• Develop a consistent approach with the water and waste industry.
• Identify and assess emerging risks.

The review examined the advantages and disadvantages of the following 4 options - option 4, the selected option will bring sludge and septic tank sludge into the Environmental Permitting (England and Wales) Regulations (EPR).

1. Do nothing.
2. Revise the Sludge (Use in Agriculture) Regulations (SUiAR).
3. Use existing EPR regulatory tools.
4. Evolve EPR regulatory tools.

The Sludge (Use in Agriculture) Regulations (SUiAR) will no longer be needed – the EA says it wants sludge to continue to be used as a beneficial resource.

Commenting on its decision, the Agency said:

“We selected option 4 as it has many advantages. It will use existing frameworks with some revision to the permitting process.

“This will enable greater flexibility for the operator. It will put sludge regulation in line with how we control other types of organic manures.

“We will keep the most appropriate parts of the SUiAR and the current EPR mobile plant permit regime.”

Advantages of option 4

The policy paper says the detailed advantages of option 4 are that it:

• provides an opportunity to make sure human health and the environment are protected
• is modern risk-based regulation
• reduces regulatory costs and burden through development of an assurance scheme – this provides the ability to include the concept of earned recognition as defined in the Farming regulation task force implementation: earned recognition plan
• provides consistency across the bioresources sector
• continues to allow co-treated wastes to be spread under a consistent regime
• removes barriers to co-treatment
• would be charge funded
• prevents the spreading of untreated septic tank sludge
• allows industry innovation
• allows for flexible regulatory intervention along the supply chain, from the sludge producer to the final user
• is within our remit to use the existing EPR framework
• means we do not need a time limited regulatory position statement (RPS) – for example, we can withdraw Waste codes for sewage sludge materials: RPS 231
• combines spreading and storage activities and harmonises regulatory responsibility
• mitigates disruption of the current EPR scheme to the agriculture sector

The disadvantages are that:

• the revision of the mobile plant permitting regime has implications for the wider M2L sector
• it will need time and resource

The paper also sets out the aims of the new regulatory framework and what it might look like. The EA'a aim is to achieve environmental improvement,  together with reducing the risks and improving performance for the beneficial use of sludge.

This will:

• lead to an improved perception about the use of sludge
• encourage producers and operators to produce and supply treated material that will benefit soil
• encourage best practice spreading activities to maximise nutrient availability and minimise risks to the environment
• create a framework that allows for new and emerging science and technology

Plan of action

The policy paper also sets out a plan of action including:

• identifying the need for business impact target assessments
• developing a compliance methodology to support the new permits
• producing a new cost model to inform a new charging strategy

To progress the strategy the EA says it will help form groups to work together. The groups will:

• review and evolve the mobile plant permitting regime
• look at which parts of the SUiAR can be used
• provide the necessary evidence for Defra to change the legislation and revoke the SUiAR
• work with industry to develop an assurance scheme
• aim to better understand septic tank sludge and propose recommendations for improved sludge management

Proposed groups

The EA will be a part of all of the groups.- the proposed groups are:

1. EPR and SUiAR review and revise group

This group will review the EPR framework and SUiAR. It will create a new EPR based regulatory framework.

Membership will also include:

• Water UK – industry technical experts
• Biowaste regulatory forum – a trade group from the bioresources sector

2. Legislative change group

The EA will work with Defra on the required legislative changes to support the strategy.

3. Assurance scheme group

This group will produce recommendations for an assurance scheme to support the regulation of sludge treatment, storage and use.

Membership will also include:

• Assured Biosolids Limited who run the Biosolids Assurance Scheme (BAS)
• other relevant groups

4. Septic tank group

This group will look at current industry practices for septic tank sludge spreading direct to land. It will characterise the potential environmental risks and propose new requirements for treatment and spreading.

Membership will also include:

• waste industry
• Water UK

“Where possible, we will aim to reduce costs and regulatory burden.” the Agency says.

Click here to access the full policy paper online