Navigating New Environmental Permitting Regulations for Battery Energy Storage Solutions

Preparing for Change: How New Environmental Permitting Regulations May Impact Battery Energy Storage Solutions

The energy landscape is undergoing rapid transformation, leading to significant regulatory changes. One area of focus is Battery Energy Storage Solutions (BESS), which play a vital role in stabilizing grids and facilitating the transition to low-carbon energy sources.

What’s Changing?

Currently, BESS are not required to obtain an environmental permit under the Environmental Permitting Regulations 2016 (as amended) (EPR) for operation. However, concerns were raised following the presentation of a Lithium-Ion Battery Storage (Fire Safety and Environmental Permits) Bill to parliament in September 2022. Subsequent government documents suggest that BESS will soon be reviewed under the permitting regime. Most recently, the UK Battery Strategy, published in November 2023, confirmed the government’s commitment to consulting on including BESS in the Environmental Permitting Regulations “at the earliest opportunity.”

Although specifics are still being finalized, it is likely that BESS will soon fall under the EPR regime. This change could require operators to secure environmental permits for BESS sites, ensuring compliance with environmental management and pollution control standards.

Why the Change?

The rapid deployment of BESS projects, driven by the integration of renewable energy and the enhancement of grid stability, has raised environmental concerns that need to be addressed. Key issues identified in a House of Commons research briefing published in April 2024 include:

Risk of Fire: Fires at BESS sites can be challenging to extinguish due to the presence of fuel in batteries. These fires may also produce hydrogen and oxygen, further exacerbating the situation. Draft guidance from the National Fire Chiefs Council (NFCC) emphasizes the need for fire detection, monitoring, and suppression systems, with a formal publication expected in 2025.
Explosion Risk: The buildup of gases during a fire can lead to explosions.
Air Quality: Fires can release toxic gases into the environment.
Groundwater Contamination: There is potential for chemical leaks and groundwater contamination from on-site chemical storage or firewater runoff.
Noise Pollution: Operational noise impacts on the surrounding environment may also be a consideration.

Potential Key Areas of Focus for EPR Compliance

While specific regulations have yet to be published, BESS facility operators should anticipate the following compliance requirements:

Risk Assessment and Management: Operators will likely need to demonstrate how they assess and mitigate environmental and safety risks, including fire hazards, leaks, and noise pollution.
Site Design and Operation: The design and operation of BESS facilities will need to minimize environmental impact, potentially requiring separation distances, secondary containment measures, fire suppression systems, and monitoring protocols.
Waste Management: Regulations may mandate comprehensive plans for the safe disposal or recycling of battery components.
Pollution Control Measures: Emission controls will be necessary to manage potential hazardous gas releases.

Implications for BESS Operators

If BESS are included in the EPR, it may lead to several implications for developers and operators:

Increased Costs: Operators should prepare for compliance-related expenses, including capital expenditures for infrastructure like firewater storage and operational costs for monitoring, maintenance, and compliance management.
Reduced Density of Units: To prevent fire spread, minimum separation distances, similar to those in the waste sector, may be introduced, restricting the number of units that can fit on a site.
Extended Project Timelines: Permitting services in England and Wales are currently experiencing delays, with standard rules permits taking up to six months to issue and bespoke permits taking 12 to 24 months, depending on application complexity.

How Can SLR Help?

As the details of these proposed regulatory changes continue to evolve, SLR is actively monitoring the situation and is prepared to assist you in navigating the changing regulatory landscape. Our support spans from the initial design phases of your BESS project to modelling, planning, management plans, process safety, and asset management once the site is operational.

Our experts can provide assistance in areas such as:

Design and Civils: From feasibility studies to tender designs, considering fire safety, buildability, operability, and techno-economics.
Techno-Economic Modelling: To accurately size the BESS for grid compatibility.
Air Quality: Including smoke plume modelling.
Environmental and Social Impact Assessments: Tailored to your project’s needs.
Battery Safety Management Plans: Ensuring compliance with safety standards.
Planning and Due Diligence: Comprehensive support throughout the permitting process.
Noise Management: Technical specifications for factory noise testing and noise modelling.

For further information on how we can assist with BESS projects, please refer to the tags in this article for more details on our technical services or get in touch with us.

References

Original article by NenPower, If reposted, please credit the source: https://nenpower.com/blog/navigating-new-environmental-permitting-regulations-for-battery-energy-storage-solutions/