Prohibition of the sale and supply of single-use vapes: strategic environmental assessment - environmental report

1 Non-technical summary

1.1 Introduction

The growing use of single-use vapes in Scotland has become a concern in recent years, in particular among young people and first-time smokers. The vapes market has grown enormously in recent years, including the use of single-use vapes. ^[1]

The Scottish Government’s Programme for Government 2023-2024^[2] included a commitment to “Take action to reduce vaping among nonsmokers and young people and to tackle the environmental impact of single-use vapes, including consulting on a proposal to ban their sale and other appropriate measures.”.

In January 2023, the Scottish Government commissioned Zero Waste Scotland to examine the environmental impact of single-use vapes. The research report, published in June 2023, highlighted environmental concerns including the increase of e-cigarette littering, waste of resources and the fire risk from batteries contained in devices, and identified possible policy options to address them.^[3]

In October 2023, the Scottish Government, in partnership with the Department of Health and Social Care, the Department of Health (Northern Ireland), and the Welsh Government, published a UK-wide consultation^[4] including proposals around restricting the sale and supply of single-use vapes. The consultation received nearly 28,000 responses.

The consultation feedback showed widespread support for banning the sale and supply of single-use (disposable) vapes. In Scotland, over 80% of respondents agreed that there should be restrictions on the sale and supply of single-use vapes, with a common theme of concern over their environmental impacts arising in the comments ^[5]. 73% of respondents believed that such restrictions should take the form of banning their sale and supply⁵.

In November 2023 the Scottish Government published its new Tobacco and Vaping Framework: roadmap to 2034^[6]. One of the three themes underlying the framework is to identify what can be done to ensure vapes are used appropriately to support smoking cessation, but to deter take up where not used for quitting tobacco. Vapes should never be used by children and young people, however they are known to represent a significant proportion of the population who are using single-use devices.^[7]

To address the environmental issues associated with single-use vapes, the Scottish Government has agreed with the UK Government (legislating for England) and the Welsh Government, to prohibit the sale and supply of such items (hereafter referred to as ban on single-use vapes or the ban). This includes both nicotine and non-nicotine containing products since the environmental concerns exist for both types of products. Northern Ireland officials acknowledge the issues raised during the consultation and will consider potential legislation in future. Reusable vapes will be unaffected by this change.

Strategic Environmental Assessment

Strategic Environmental Assessment (SEA) is a statutory requirement under the Environmental Assessment (Scotland) Act 2005 (‘the 2005 Act’), to assess the likely significant environmental effects that a public plan, programme, or strategy (PPS) will have on the environment if implemented. The process identifies how adverse environmental effects can be avoided, minimised, reduced, or mitigated and how any positive effects can be enhanced. It also allows the public to give their view on the programme and its potential environmental impacts.

SEA comprises the following key stages:

1. Screening – determining whether a Plan/Programme/Strategy (in this instance, the ban on the sale and supply of single-use vapes) requires an SEA. The Screening Report was issued to statutory consultees on 23 February 2024.

2. Scoping – establishing the scope and approach of the SEA, including the initial environmental topics to include, the context (a review of other plans, programmes, and strategies and the environmental baseline), and the assessment methodology, with the information presented in a Scoping Report, which is subject to a 5-week consultation. The Scoping Report was issued to statutory consultees on 23 February 2024.

3. Environmental Assessment – identifying, describing, and assessing the likely significant effects of the proposed policy.

4. Environmental Report – outlining the findings from the environmental assessment, consistent with the requirements of Schedule 3 of the 2005 Act. This report is the Environmental Report.

5. Main consultation – consulting on the draft policy alongside the Environmental Report;

6. Post Adoption Statement (PAS) – producing a statement to outline how the assessment and consultation responses have been considered within the finalised plan. This will be produced once the final version of the policy has been agreed and adopted.

7. Monitoring – monitoring the effects of implementation. This will be an ongoing exercise to determine the impacts of the proposal evaluate its success in achieving its aims.

The SEA approach has been amended where appropriate in response to the comments received from statutory consultees during the consultation period on the combined Screening and Scoping Reports. A summary of the responses received and corresponding actions taken is set out in Appendix A: Addressing Responses from Consultative Authorities.

1.2 Results

1.2.1 Summary of results

The impacts of the proposed policy identified in this assessment are summarised below:

Table 1 Summary of impacts against each environmental topic

Climatic Factors: ++

Biodiversity: +

Water: +

Human health: +

Soil: +

Air: +

Material Assets: ++

Landscape and visual impacts: ++

Key

++: Positive impacts

+: Minor or uncertain positive impacts

+/-: Uncertain or both positive and negative impacts

1.2.2 Climatic Factors

Single-use vape consumption in Scotland is responsible for over 3,000 tonnes CO₂e each year, and without intervention, this is set to increase to over 8,000 tonnes CO₂e in the next three years^[8].

Banning the sale and supply of single-use vapes will significantly reduce their consumption and subsequent disposal in Scotland, leading to reductions in greenhouse gas emissions from incineration and waste fires.

Further avoided global greenhouse gas emissions are also anticipated outside Scotland, but are beyond the scope of this assessment.

1.2.3 Biodiversity

Banning the sale and supply of single-use vapes is expected to significantly reduce consumption and subsequent littering of such items, protecting habitats and species from potentially damaging contamination. Positive impacts may be offset to an extent by increased consumption of reusable vape packaging, such as refill containers, which could also enter the environment as litter. Prevalence of reusable vape components and packaging in the litter stream should be monitored.

1.2.4 Human health

Human exposure to addictive and potentially harmful substances is expected to be reduced as a result of the proposed policy, though some potential risk was identified among former smokers and those trying to quit smoking. Reusable vapes are expected to significantly mitigate these risks, along with current smoking cessation support and offerings through the NHS.

A reduction in the risk to bystanders of second-hand inhalation will broaden the human health benefits if the ban results in an overall drop in vaping, though such impacts are not considered to be significant.

The health and safety risks of fires caused by lithium-ion batteries in the waste stream will also be reduced, owing to a smaller volume of single-use vapes being disposed of in the residual waste stream.

There will also be indirect secondary health benefits resulting from the wider environmental benefits such as a reduction of chemicals within e-liquids polluting soil and water and mental health benefits from improved landscapes and reduced littering.

Illegal trade of single-use vapes may mean that, while the human health risks described above are reduced, they will not be entirely eliminated.

1.2.5 Material Assets

The proposed policy is anticipated to reduce consumption of the materials used to produce single-use vapes, for example, steel, plastic, lithium-ion batteries, and other metals. A shift towards reusable alternatives will reduce the amount of these materials discarded as waste in landfill, by incineration, or dropped as litter.

1.2.6 Landscape and visual impacts

A reduction in availability of single-use vapes will result in a reduction in occurrences of vapes as litter, thus avoiding sightings of items in the environment that detract from the Scottish landscape.

1.2.7 Air

The proposed ban is anticipated to result in minor improvements to air quality during the use phase of a single-use vapes’ life cycle, and more notable improvements at the end-of-life stage. A reduction in single-use vapes in the residual waste stream will reduce the risk of waste fires occurring at facilities such as landfill sites, thus reducing the release of air pollutants such as particulate matter, nitrogen oxides, and sulfur oxides.

1.2.8 Water

Banning the sale and supply of single-use vapes is expected to significantly reduce consumption and subsequent littering of such items, protecting habitats and species from potentially damaging contamination. Positive impacts may be offset to an extent by increased consumption of reusable vape packaging, such as refill containers, which could also enter the environment as litter. Prevalence of reusable vape components and packaging in the litter stream should be monitored.

1.2.9 Soil

Banning the sale and supply of single-use vapes is expected to significantly reduce consumption and subsequent littering of such items, protecting habitats and species from potentially damaging contamination. Positive impacts may be offset to an extent by increased consumption of reusable vape packaging, such as refill containers, which could also enter the environment as litter. Prevalence of reusable vape components and packaging in the litter stream should be monitored.