UPDATE RPS C7 expired on 30th September. However, the EA has issued RPS C20 which replaces RPS C7 and operates under the same conditions. Previous agreements to use RPS C7 will not cover non-compliances arising after 30 September 2020. Those seeking to be covered under RPS C20 must obtain the agreement of the EA to operate under RPS C20.

RPS C10 expired on 30th September. It is replaced by RPS C21, which operates on the same terms as RPS C10. In order to be covered by RPS C21, operators must obtain the agreement of the EA.

This information is set out in RPS C7, ‘Monitoring emissions from installations, radioactive substances and waste activities’, published on 16th April and RPS C10, ‘Reporting for installations, radioactive substances and waste permits’, published on 21st April.

RPS C7: Monitoring emissions from installations, radioactive substances and waste activities

What is it?

This regulatory position statement confirms that operators will be permitted to ‘make certain reasonable adjustments’ to their monitoring requirements where these have been impacted by COVID-19. For example, operators can delay and reschedule some of the requirements specified in the permit. The RPS sets out the circumstances where a more flexible approach will be permitted.

When does RPS C7 apply?

This RPS only applies where an operator cannot meet the emissions, radioactive discharge and environmental monitoring required by their permit because of COVID-19 restrictions. It does not apply to any other activity.

What do operators have to do if RPS C7 applies to their business?

Before they can be covered by RPS C7, operators must get the written agreement of the Environment Agency. This can be done by emailing the area regulatory officer or site inspector. Operators must be able to demonstrate that they have taken all reasonable steps to comply with the monitoring requirements under their permit and must be able to explain why they are unable to meet these requirements. For example, records should be kept of staff absences, contractors being unavailable and supply chain failures due to COVID-19. These records must be retained for 24 months and be made available to the Environment Agency upon request.

What conditions do operators have to meet under RPS C7?

Operators must notify their area regulatory officer or site inspector immediately if they become aware that there has been any exceedance of an emission limit value, discharge limit, or other compliance limit value. The other conditions which must be met are dependent on the type of monitoring which is undertaken and other general conditions. For example, with regards to periodic monitoring of emissions to air, if requirements cannot be met due to COVID-19, periodic monitoring can be delayed or cancelled. Annual or bi-annual monitoring can be scheduled for later in the year, whereas quarterly monitoring can be cancelled rather than rescheduled. In the case of continuous monitoring emissions to the air, servicing and calibration of the relevant monitoring equipment can be delayed or rescheduled. Specific conditions also apply to the monitoring of emissions to water, effluent flow monitoring and environmental monitoring. If an operator is no longer able to comply with RPS C7, they must notify the Environment Agency immediately.

When does RPS C7 expire?

RPS C7 will remain in force until 30th September 2020, unless the Environment Agency decides an extension is necessary.

RPS C10: Reporting for installations, radioactive substances and waste permits

What is it?

RPS C10 permits operators to delay sending certain data and reports that are required under their permit to the Environment Agency, primarily monitoring data, where compliance is not possible due to COVID-19 restrictions.

When does RPS C10 apply?

The position statement only applies where operators are unable to provide monitoring data within the timeframe specified under their permit due to COVID-19. It covers the following types of reporting; routine monitoring of releases to air and water reports, routine environmental monitoring reports, progress reports on how operators are delivering an improvement condition, reports required by an improvement condition and reports of routine reviews, audits, tests and assessments. Operators must continue to submit any notifications required by their permit, for example, they must notify the Environment Agency immediately if there has been a breach of a limit specified in the permit or if there has been an equipment failure which may cause significant pollution.

What do operators have to do if RPS C10 applies to their business?

Operators must contact their area regulatory officer, site inspector or local compliance team if RPS C10 applies to their business. They must do this before they can be covered by the position statement. The Environment Agency expects operators to take reasonable steps to comply with their permit, including planning for the effects of coronavirus on their business. This should be demonstrated through the provision of a contingency plan which seeks to minimise disruption to operations due to COVID-19. An emergency response plan should also be in place which minimises the impact and duration of non-compliance with the permit or licence because of COVID-19. If operators are still unable to meet their permit reporting requirements after following the steps set out in these plans, they can use RPS C10. As with RPS C7, operators must ensure that they keep and retain records explaining why they need to rely on RPS C10, for 24 months. These can include records of staff absences, contractors being unavailable and supply chain failures due to COVID-19. If an operator is no longer able to comply with RPS C10, they must notify the Environment Agency immediately.

When does RPS C10 expire?

RPS C10 is due to expire on 30th September 2020, unless the Environment Agency decides that an extension
is necessary.

Are you concerned about the impact of COVID-19 on your business’ ability to comply with its emissions monitoring requirements? If you need advice, contact us today.