Environmental Oversight Tighteni...
BESS to be brought under permitting regime, but awareness and compliance among operators lag.
The UK government is set to introduce environmental permitting for battery energy storage systems (BESS) in the UK, raising concerns about potential legal risks for operators who are currently unaware or non-compliant.
Currently, BESS fall under a fragmented system of environmental controls, creating confusion and inconsistency. The Environmental Permitting Regulations (EPR) will streamline this process, covering areas like groundwater discharge and emissions. This means standardized procedures for fees, applications, and inspections will be applied.
Failure to obtain or adhere to a permit is a criminal offense, but regulators may offer leniency if violations are self-reported.
The move builds on previous policy initiatives, including mentions in a parliamentary answer, the Energy Bill, and the underwhelming Battery Strategy. Notably, Conservative MP Maria Miller introduced a private member’s bill in 2022 calling for stricter fire safety and permitting measures for lithium-ion BESS. While unlikely to directly change legislation, her efforts highlighted concerns about potential environmental hazards from battery fires and inappropriate siting of storage facilities.
DEFRA, the government department responsible for environmental policy, has confirmed the impending permit introduction. A stakeholder group, including Solar Energy UK, will be formed to provide input on specific details, such as:
- Whether to regulate only lithium-ion batteries
- The minimum capacity threshold for regulation
- Which authority will oversee permitting – the Environment Agency or local authorities
Consultation on the new regime is expected later this year, with the aim of implementing it across the entire UK rather than just England.
Key takeaways
- Environmental permitting will soon be mandatory for BESS in the UK.
- Many operators may be unaware of current or upcoming regulations, potentially exposing them to legal risks.
- The new regime aims to provide clarity and consistency in environmental oversight for BESS.
- Stakeholders will have input on key details of the new regulations.
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