Southwest Environmental Limited

Regulation 61 Notice 

Have you received a Regulation 61 Notice from the Environment Agency? If yes, then you may well have a lot of work to do. If you would like us to help with he extra work load please get in touch and we will be glad to help.

Who will Regulation 61 Notice Affect?

At present the Regulation 61 Notice affects any operator in the Food and Drink Sector. You will be required to make a review of sector specific BAT (Best Available Technique).  This could be quite a simple undertaking, with very little consequence to your business  . . . or it could be a lot of work, both in terms of paper work and real world upgrades.

Shisma, CC BY 4.0, via Wikimedia Commons

Why Have I Received a Regulation 61 Notice?

The Environment Agency is required to review permits, following publication of a revised Best Available Techniques (BAT) Reference Document, and associated BAT  Conclusions for Food Drink and Milk, which were published on 4 December 2019 in the Official Journal of the European Union.

The Industrial Emissions Directive (IED) requires EPR permits to be reviewed within four years of publication of the relevant Best Available Techniques Reference Document (BRef) BAT conclusions. The Food, Drink and Milk Industries BRef was published on 4 December 2019.

Can I Ignore a Regulation 61 Notice?

The old adage "The only two certainties in life are death and taxes" should perhaps be modified to include Regulation 61 Compliance.

"Failure to comply with this notice without reasonable excuse is an offence under Regulation 38(4)(a)  of the Environmental Permitting (England and Wales) Regulations 2016, and may lead to legal action being taken against you."

What Will I have to Do?

You will have to fill out relevant sections of of the R61 Response Tool. 2 examples, from 4 or 5 dairy based BAT Criteria:

BAT for Waste

In order to reduce the quantity of waste sent for disposal, BAT is to use one or a combination of the techniques given below.

Techniques related to the use of centrifuges
(a) Optimised operation of centrifuges
Techniques related to butter production
(b) Rinsing of the cream heater with skimmed milk or water
Techniques related to ice cream production
(c) Continuous freezing of ice cream
Techniques related to cheese production
(d) Minimisation of the generation of acid whey
(e) Recovery and use of whey

BAT for Energy Efficiency

In order to increase energy efficiency, BAT is to use an appropriate combination of the techniques specified in BAT 6 and of the techniques given below.
(a) Partial milk homogenisation
(b) Energy-efficient homogeniser
(c) Use of continuous pasteurisers
(d) Regenerative heat exchange in pasteurisation
(e) Ultra-high-temperature (UHT) processing of milk without intermediate pasteurisation
(f) Multi-stage drying in powder production
(g) Precooling of ice-water

So in conclusion you can see how Regulation 61 could create a significant amount of work, for food processors and dairies that have not received any attention from the Environment Agency for a number of years. Whilst modern sites are unlikely to have had the possibility to fall behind, older sites with little proactive input could have a considerable amount of work to do.

The below section was written by a machine.

Technical Guidance: Responding to a Regulation 61 Notice

A Regulation 61 notice is a legal request for information issued by the Environment Agency under the Environmental Permitting (England and Wales) Regulations. These notices are typically part of a sector-wide permit review to ensure that existing installations are operating in accordance with the latest Best Available Techniques (BAT) and updated UK environmental permitting standards.

The Purpose of Regulation 61

When environmental standards improve or new BAT Conclusions are published, the regulator must review all relevant environmental permits. The Regulation 61 notice is the mechanism used to gather the necessary data to determine if permit variations are required. Key areas of focus usually include:

• BAT Gap Analysis: Demonstrating how your current operations compare to new industry-standard techniques.
• Emission Limit Values (ELVs): Providing monitoring data to prove that discharges to air, water, or land meet updated thresholds.
• Management Plans: Reviewing and updating existing documents such as Dust Management Plans or Noise Management Plans to reflect current site conditions.

Managing the Response Process

Receiving a Regulation 61 notice carries strict deadlines, and failure to provide a comprehensive response can lead to enforcement action or the suspension of your permit. Professional consultancy support is vital to ensure that technical data is presented accurately and that any necessary improvements are proposed within a realistic timeframe.

• Technical Evidence: Compiling robust data on energy efficiency, water use, and waste management as part of your Environmental Management System (EMS).
• Permit Variations: Identifying if the review will necessitate a formal application using the standard permit application forms.
• Strategic Liaison: Managing communication with the Environment Agency to clarify requirements and avoid administrative delays.

National Technical Authority

With a 15-year track record and over 900 projects delivered, SWEL provides the technical authority and professional accreditation (IES/IAQM) required to navigate complex permit reviews. Our team understands the nuances of EA charging and assessment policies, ensuring your facility remains compliant while minimizing operational disruption. Whether you are addressing a sector-specific review or a site-unique inquiry, our consultants offer the expertise needed to secure your project's future.