September 2026 Legislation Outlook

This month sees the government publish its long-term PFAS Plan for tackling ‘forever chemicals’, new fixed penalties for littering and fly-tipping, and a reworked UK machinery safety regime aligning with the new EU Machinery Regulation. We also cover the move to mandatory digital waste tracking from October, a major Environment Agency consultation on new water and waste enforcement powers, and updates across four Regulatory Position Statements.

ISO 14001

Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026

The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2026 come into force on 1 September 2026. They raise the maximum fixed penalty local authorities can issue for littering from £500 to £750, from £100 to £150 for those issues under paragraph 7 (4)(a) Sch 3A Environmental Protection Act 1990 or from £65 and not more than £500 for those issued under section 43A(1)(a) Anti-social Behaviour Act 2003. For a fixed penalty payable in pursuance of a notice from £1,000 to £1,500, with the exact penalty within each band left to local authority discretion depending on severity. The changes form part of the government’s Waste Crime Action Plan and apply in England only.

ISO 45001

Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026

The Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026 come into force on 20 January 2027. They rework the UK’s machinery safety regime to align more closely with the new EU Machinery Regulation, extending scope beyond physical guarding to cover software-driven, automated and safety-related control systems. Manufacturers and other economic operators placing machinery on the market will face new obligations around risk assessment, conformity and safety documentation. If you manufacture, modify or supply machinery with automated or safety-related control systems, you should begin reviewing your conformity processes ahead of the January 2027 start.

New RPS: Documentation for business waste at takeback points

The Environment Agency’s Documentation for business waste at takeback points Regulatory Position Statement (RPS 283) has been reviewed and extended until 30th September 2027, when phase 2 of digital waste tracking is due to be implemented. It lets businesses depositing waste at a wholesaler or retailer’s takeback point, and the wholesaler or retailer operating it, do so without completing a waste transfer note or hazardous waste consignment note.

The Environment Agency will next review this RPS by 30th September 2027.

New RPS: Retaining shock absorbers and airbags in end-of-life vehicles

The Environment Agency’s Retaining shock absorbers and airbags in end of life vehicles (ELVs) Regulatory Position Statement (RPS 195) lets you store intact shock absorbers and undeployed airbags in otherwise fully depolluted end-of-life vehicles (ELVs) on hardstanding without an environmental permit for that specific activity, but only for ELVs on site before 7th August 2026. The Environment Agency has reviewed this RPS and will withdraw it on 7 May 2027. You must not send ELVs for mechanical treatment unless they have been fully depolluted, and you must not use this RPS for any ELV brought to your site after 7th August 2026.

New RPS: Extended producer responsibility for packaging producer data requirements

The Environment Agency’s Extended producer responsibility (EPR) for packaging producer data requirements for 2024 and 2025 Regulatory Position Statement (RPS 330) has been updated to reflect collecting and reporting nation data, self-managed organisational packaging waste data 2024 to 2027 and bag data for 2025 to 2027. The Environment Agency will next review this RPS by 31st December 2028.

New RPS: Removing batteries, plugs and power cables from WEEE at HWRCs

The Environment Agency’s Removing batteries, plugs and power cables from WEEE at HWRCs Regulatory Position Statement (RPS 295) has been updated to make clear that approved designated collection facilities must also comply with the requirements of the designated collection facilities code of practice for any batteries, plugs and power cables they remove from waste electrical and electronic equipment (WEEE) at household waste recycling centres (HWRCs).

The Environment Agency intends to review this RPS by 30th April 2027.

PFAS Plan: building a safer future together

The government has published its PFAS Plan: building a safer future together, updated 17th August 2026, setting out the UK’s long-term approach to ‘forever chemicals’. The plan is structured around three pillars: understanding PFAS sources, tackling the pathways by which they enter and move through the environment, and reducing ongoing exposure. It sets a direction for future PFAS regulation rather than introducing new obligations itself, but signals more restrictions to come, including a possible extension of the Pollutant Release and Transfer Register to cover more PFAS. If you manufacture, use or dispose of PFAS-containing products, this is as an early indicator of where regulation is heading.

UK Emissions Trading Scheme scope expansion: waste

The UK ETS Authority has confirmed that its planned expansion of the UK Emissions Trading Scheme scope expansion: waste to bring energy-from-waste and waste incineration into the scheme will not go ahead in 2028 as originally intended; a new timeline is still to be announced. A voluntary monitoring, reporting and verification (MRV) period for operators began on 1st January 2026 and remains open regardless of the delay, and a further, final Authority response will follow before the sector is brought fully into the scheme. If you operate an energy-from-waste or incineration facility, this is worth tracking given the potential future cost exposure.

ICO launches free Data Protection Essentials training for SMEs

The Information Commissioner’s Office has launched Data Protection Essentials, a free online training programme for small and medium organisations and sole traders, announced via its news post on 11th August 2026. The training covers everyday data protection tasks such as sharing information, keeping records securely and reducing the risk of breaches; it includes sector-specific examples and leads to a digital certificate and an optional entry on a public register. It is free for all organisations, including those exempt from the data protection fee, and may be a useful resource if you want to build staff awareness without a dedicated data protection function.

Digital waste tracking service

The Environment Agency’s Digital waste tracking service guidance, updated 5th August 2026, confirms that using the service becomes mandatory for permitted and licensed waste-receiving sites from January 2027 in Northern Ireland in the same way as Scotland.

MCERTS: performance standards and test procedures for water flowmeters

The Environment Agency has substantially revised its MCERTS: performance standards and test procedures for water flowmeters scheme, updated 24th August 2026, adopting BS EN 17694:2023 as its technical foundation. The scheme is now split into two parts, Part 1 for open-channel instruments and Part 2 for closed-conduit instruments, replacing the previous single standard. It introduces new certification classes for open-channel velocity sensors and removes MCERTS Class 4. If you manufacture water flowmeters or rely on MCERTS-certified flow monitoring for permit compliance, you should check your equipment against the revised standard.

Consultation on changes to the enforcement and sanctions policy

The Environment Agency is consulting on its Consultation on changes to the enforcement and sanctions policy – including implementing new water and waste enforcement powers, covering how it will apply new civil sanction powers under the Water (Special Measures) Act 2025, such as variable and fixed monetary penalties, once available, alongside proposed changes to its enforcement approach for extended producer responsibility for packaging, digital waste tracking, the Deposit Return Scheme, and the Control of Mercury (Enforcement) Regulations 2017. This consultation closes on 4th October 2026.

Control of Gamma-Butyrolactone and 1,4-Butanediol

The Home Office is consulting on Control of Gamma-Butyrolactone and 1,4-Butanediol, proposing to require a controlled drugs licence for high-purity GBL and 1,4-BD, while keeping lower-concentration mixtures, such as those used in coatings and inks, amongst others, exempt from licensing. This is to prevent their use for criminal purposes. If you manufacture, import or handle these chemicals, you may be affected. This consultation closes on 11th November 2026.

Zero emission vehicle mandate review

The Department for Transport is consulting on its Zero emission vehicle mandate review, examining whether the current trajectory for the proportion of new cars and vans that must be zero-emission is still achievable, and considering whether to lower the 2030 target from the current 80% down to as low as 50%. The review is being run jointly with the devolved governments and also covers the phase-out of new purely petrol and diesel cars from 2030. If you operate a vehicle fleet, or are in automotive manufacturing or supply, this consultation may be of interest to you. It closes on 23rd October 2026.