Defra seeks views on moving sludge spreading into EPR regime

(by Karma Loveday)

Defra has issued its first post White Paper consultation — on the regulatory framework for sludge applied to agriculture. This follows campaigning from green groups on public health and environmental grounds (41% of England’s rivers suffer from agricultural pollution), and the Independent Water Commissions recommendation that the treatment, storage and use of sludge should be moved into the Environmental Permitting Regulations (EPR) 2016.

At present, 94.4% of sludge is used on 1.9% of the UK’s agricultural land as a fertiliser and soil enhancer. Practices are governed by the Sludge (Use in Agriculture) Regulations 1989, but these have not been substantially revised despite development of a more sophisticated understanding of the chemical complexity and treatment of sludge.

The consultation, open until 24 March, seeks views on three options for tighter controls: 

• Reform option 1 (preferred): Revoke the Sludge (Use in Agriculture) Regulations 1989, in whole or in part, and regulate sludge spreading within the Environmental Permitting Regulations 2016. Defra said: “This could improve the oversight of, and resource for, regulatory compliance, and reduce the complexity of current sludge management which is split across a patchwork of regulations. In addition, it would offer a flexible regime, under which permits could be updated as evidence on contaminant risk develops. Under this option, consideration would be needed of the cost burdens on industry, as well as whether this could be reduced through adopting an assurance scheme within the permits.”

• Reform option 2: Amend the current Sludge (Use in Agriculture) Regulations 1989. This would provide an opportunity to update the provisions and ensure they are fit for the current context, whilst improved regulatory oversight could be delivered through the introduction of a charging scheme. Under this option, consideration would be needed of the cost burden on industry from charging and the potential to maintain the current regulatory complexity.

• Reform option 3: Change standards on sludge spreading via non-regulatory means. Defra said: “This option may offer swift action to update requirements on spreading and address contaminants of concern, as and when evidence supports. However, without increased resource through a charging regime (as per options 1 and 2), this option lacks regulatory oversight or means of enforcement for non-compliance. Additionally, the underlying complexity of regulations would remain.”

• Defra is also updating the Farming Rules for Water, to simplify them. Water minister Emma Hardy said: “By setting clearer guidelines and providing better support, we’re making it simpler for farmers to meet standards, farm sustainably and protect our environment.”