en.Wedoany.com Reported - The UK government is introducing an environmental permitting regime for grid-scale battery energy storage systems (BESS), with preparations underway before a public consultation. The Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency recently held an industry meeting, focusing on how to manage fire risks from BESS facilities through the environmental permitting system, particularly the subsequent treatment of firefighting water. Previously, Defra had ruled out other regulatory options such as applying the planning system or the Control of Major Accident Hazards regime.
The meeting noted that fires at grid-scale BESS facilities are extremely rare, and safety continues to improve with the widespread adoption of lithium ferrophosphate chemistry and the application of various prevention and suppression measures. Solar Energy UK has recorded only three incidents since 2020. The Defra working group stated that it will build on this foundation to ensure future regulations are proportionate to the risk.
Under the Environmental Permitting (England and Wales) Regulations 2016, operators of regulated facilities must obtain a permit and comply with conditions such as limits on emissions to air and water, regular inspection of monitoring equipment, and record-keeping. Breaching conditions may constitute a criminal offense, leading to warnings, civil sanctions, or even prosecution and substantial fines. The environmental permitting regime currently applies to England and Wales, with similar systems in Scotland and Northern Ireland, which may follow England's regulatory approach in the future.
Currently, the specific regulatory approach for BESS is still under discussion. Solar Energy UK considers it highly unlikely that all BESS will be classified as "A1" facilities (such as steelworks or waste incinerators). If classified as A1 facilities, the Environment Agency would serve as the regulator, and all forms of pollution could be subject to regulation, resulting in higher costs. A more likely scenario is that BESS will be regulated only for fire risk, using a less burdensome regulatory branch. The meeting mentioned the possibility of developing standard rules permits, setting common conditions applicable to all facilities within a specific scope, such as medium-scale single-story outdoor sites, located away from sensitive receptors like drinking water aquifers and wildlife reserves, to keep the process lightweight and relatively low-cost.
Considerations include: scope and capacity thresholds, exemptions for chemical systems (e.g., vanadium redox flow batteries), the effective date of regulations, how they apply to existing sites, and definitions of batteries and grid-scale. The timeline remains uncertain.
A public consultation on BESS permitting is planned for mid-2027, preceded by an initial decision following working group feedback. Further consultation on more detailed measures may occur in 2028. Consultations on standard rules and fees may launch later that year, with the new regime expected to take effect in 2029. For inquiries, contact gsimkins@solarenergy.uk.org or hagnew@solarenergyuk.org.
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