Single-use Vapes - Post-Adoption Statement

3. How the Environmental Report has been taken into account

31. The ban on single-use vapes will lead to changes in the products that consumers use. The ban is likely to lead to an increase in the use of reusable alternatives.

32. As the following information describes, the policy proposal ban the sale and supply of single-use vapes was assessed through the Environment Report, and across all scoped in SEA topics, the overall environmental impacts were found to be positive.

33. The bullet point list below summarises the conclusions draw from the Environmental Assessment.

• 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.

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.

• 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.

• 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.

• 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.

• 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.

• 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.

• Water:

Restricting 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.

• Soil:

Restricting 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.

34. The Environment Report assessed the impacts of the ban regarding Climatic Factors. It was estimated that 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^[15]. It is through the extraction of raw materials and the manufacturing phase of single-use vapes that the majority of greenhouse gas emissions related to single-use vapes (58% and 26% respectively ^[16]) occur. Impacts from use and disposal occur more locally. In the UK, 17% of life cycle emissions from single-use vapes were caused by incineration and waste fires at landfill sites^[17]. Restricting 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 the Environment Report.

35. The ban is expected to reduce negative impacts to the quality of Scotland’s Biodiversity. The restrictions on the sale and supply of single-use vape items will largely remove these from local terrestrial and marine ecosystems. The extent of the resultant impact on biodiversity in Scotland is unknown, though it is expected that ecosystems will benefit from reduced exposure to nicotine, plastic, and chemical leachates from vapes discarded in the environment. The risk of ingestion by wild animals will also be reduced if the issue of littered vapes is addressed. Whilst littering of alternative items may occur, this is expected to be on a smaller scale than current and projected levels of single-use vape related litter. This in turn is expected to reduce the negative environmental effects on biodiversity at terrestrial sites of importance for nature conservation, including in particular those sites protected for their importance to wild birds which are particularly vulnerable to the effects of litter.

36. The Environmental Report explored the impact of the ban on 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 understood 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.

37. The ban is expected to have a positive effect on the impact of Material Assets. As with any single-use item, when a vape is disposed of by incineration, landfill or as litter, the materials used to produce it are wasted. It is estimated that between 800 and 1,000 tonnes of single-use vapes and their packaging are discarded each year in Scotland^[18]. Without intervention, this is expected to increase to between 1,900 and 2,500 tonnes by 2027. An estimated 43.3% - 46.7% of single-use vapes are disposed of in the residual bin, and 3.5% - 10.6% are littered^[19]. A single-use vape usually contains: a plastic or metal casing, a plastic mouthpiece, a synthetic woven filler, a metal coil, a battery (often a lithium-ion polymer battery), a sensor, and sometimes LEDs^[20]. The battery makes up approximately 34% of the mass of a typical vape, and the remaining materials are usually 83% plastic and steel ^[21]. Single-use vapes are also known to contain small amounts of critical metals such as cobalt and lithium. Packaging is usually made up of cardboard, paper, and metallised polymer film.

38. By introducing a ban on the sale and supply of single-use vapes, consumption of the plastic, steel, batteries, and other materials required to produce them will go down. As vapes are known to contain small amounts of critical raw materials, the proposed policy is expected to lower Scotland’s contribution to the depletion of critical resources such as lithium and cobalt. Once single-use vapes are no longer readily available to consumers, it is anticipated that there will be a significant reduction in the volume of such items in the residual waste stream and dropped as litter. A shift towards reusable alternatives is likely, meaning there may be an increase in reusable vape packaging such as refill containers.

39. The Environmental Report assessed the impacts of the ban against Landscape and Visual Assets and found the restrictions are likely to have a significant positive impact for landscape and visual assets. While there is limited data on the exact number off single-use vapes littered each year, it has been estimated that it equates to around 10% of all vapes consumed in Scotland; equivalent to between 21 and 79 tonnes in 2022.^[22] 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. It is noted however that a shift in demand for reusable alternatives could result in an increase in consumption of refill containers for refillable vapes. While these containers have not been reported as an issue in the litter stream on the same scale as single-use vapes, it is recommended that prevalence of litter associated with reusable vapes should be monitored and measures taken to ensure a displacement effect does not occur to negate the benefits anticipated from this policy.

40. The proposed policy 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. A small scale reduction in air pollution is anticipated as a result of a likely reduction in vaping and the associated release of polluting vapours. Locally, this is expected to improve air quality, though impacts are not expected to be significant.

41. The Environment Report considered the effects and impacts upon Scotland’s Water bodies. When single-use vapes are littered into the environment their constituent parts can leak chemicals into groundwater and nearby bodies of water. The electronic components of single-use vapes can also leak metal contamination into the environment, for example aluminium, barium, cadmium, chromium, copper, iron, lead, nickel, silver, tin, and zinc^[23]. There is also evidence to suggest that toxic metals can seep into e-liquids^[24], further increasing the risk these items pose to ecosystems when littered and introduced into the environment. The assessment shows that the restrictions to 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. It was noted however that these 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.

42. The Environment Report considered the effects and impacts of the ban upon Scotland’s soils. Littered single-use vapes may pose a risk to soils in Scotland through contamination via residual e-liquids containing chemicals such as glycerin. The ECHA Registration Dossier indicates that efforts should be made to prevent glycerin from entering into soil and ditches^[25]. Impacts are believed to be minimal due to the rapid biodegradability of glycerin in soil. The electronic components of single-use vapes can also leak metal contamination into the environment, for example aluminium, barium, cadmium, chromium, copper, iron, lead, nickel, silver, tin, and zinc. There is also evidence to suggest that toxic metals can seep into e-liquids^[26], further increasing the risk these items pose to ecosystems when littered and introduced into the environment. The proposed policy is anticipated to reduce consumption of single-use vapes and associated littering in Scotland. While this reduces the risks posed to soils in the area where vapes are littered, impacts are expected to be minimal. The Scottish Litter Survey^[27] found that sightings of littered vapes were most common in urban areas, suggesting that peatlands and soils in rural natural habitats are less likely to be affected. It was noted that the impacts may be partially offset by an increase in consumption of reusable vapes, and related packaging components.

43. The assessment included consideration of the cumulative impacts of the ban. The assessments show that the measures will generate cumulative positive effects across all eight if the SEA topics. Cumulative and synergistic effects included positive relationships between climate change mitigation and preservation of wildlife habitats; water and soil quality each benefiting from a reduction in pollution in the other; indirect human health benefits resulting from improved visual impacts and avoided air, soil, and water pollution; and further reductions in greenhouse gas emissions associated with preserving material assets in favour of production and manufacture of new single-use products.

44. No cumulative significant negative effects were identified during the assessments.

45. How has the assessments in the ER altered the shape of the final approach?

46. In light of the predominantly positive environmental consequences identified in the Environmental Report, the preferred option is to adopt the ban, in full, as outlined and consulted upon earlier in the year.

47. The Scottish Government has taken note of the recommendations for the monitoring and evaluation of the environmental and health impacts of ban.

48. The market restrictions will mean that single-use vapes are no longer available on the UK market, and it is expected that alternative reusable items will replace them. The Scottish Government should undertake ongoing monitoring exercises to assess how society has responded to the restrictions and any associated impacts on the environment.

49. The bullet point list below summarises the potential effect and proposed mitigation measures of relevance identified in the Environmental Report:

• Effect: Environmental benefits identified in the Environmental Report could be undermined by the incorrect disposal and littering of reusable vape components and packaging.

Mitigation: “To mitigate the risk of reusable vape litter and disposal undermining the environmental benefits of the proposed ban, vapes should be adequately accounted for within the revised WEEE EPR scheme. The scheme should have a suitable lead-in period with clear instruction and guidance for retailers and members of the public on their new obligations. Monitoring sales volumes and waste arisings will provide the data necessary to keep track of reusable vape use and disposal behaviours following the ban.

Producers of vapes (and other electrical items) should be responsible for the full net cost of disposal (including WEEE in residual waste and littered items) to ensure there are incentives to maximise their collection for recycling. This should be supported by collection and recycling targets for reusable vapes and their components. Clear recyclability criteria should be developed and be easily available to allow for easier extraction of valuable components.”

• Effect: Consumers switching from single-use vapes to reusable alternatives may not be aware of the correct recycling routes for reusable devices

Mitigation: Communications campaigns could support this to ensure users are aware of the correct disposal routes. Producers of reusable vapes should be encouraged to design containers for refills in a way that means they can be more easily reused and recycled.”

• Effect: There is a risk that some individuals using single-use vapes as a smoking cessation tool will return to using traditional cigarettes as a result of the ban, though the availability of reusable vapes does mitigate this risk.

Mitigation: “Targeted support should be provided for such individuals, and smoking behaviours should continue to be closely monitored by the appropriate public health organisations.”

“This assessment has highlighted the need for further research into the long-term human health impacts of vaping. As vaping in Scotland will continue even if single-use vapes are banned, it is important that the health implications are better understood, and the dangers communicated clearly to users.”

• Effect: Environmental objectives could be undermined by illegal vape sales

Mitigation: “Vape users seeking an alternative to single-use vapes must be encouraged to adopt reusable alternatives from legitimate sellers to prevent the unintended outcome of this policy increasing illegal sales of single-use vapes”

“Enforcement data on recorded incidents of breach of regulations [should be monitored as part of the ongoing monitoring and evaluation of the ban]”

50. In refining and developing the preferred option, where relevant, Scottish Government will take into account the above proposed mitigation measures.