Waste Update August 2010
EA eases the way for waste derived fuels
Currently, under the existing wording of the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), there is a divergence in the way that the combustion of waste derived fuels are regulated, when compared to virgin fuels such as diesel. When setting the relevant megawatt (MW) thresholds for combustion activities, the EPR 2010 distinguishes between so-called ‘ordinary’ fuels and those which are ‘manufactured from waste’.
Under Part A of Section 1.1 of Schedule 1 to the EPR 2010, for diesel, the PPC 'entry' level which triggers a requirement for a permit is 20MW, whereas for waste derived fuels, it is set at 0.4MW. Not only that, but the thresholds which determine whether those combustion activities are to be regarded as ‘Part A’ activities, thus bringing into play a number of far more stringent permit conditions, also differ. These are set at 50MW for virgin fuels such as diesel, and the far lower threshold of 3MW for waste derived fuels.
Such divergence has existed for some time, having previously featured in the Environmental Permitting (England and Wales) Regulations 2007 (EPR 2007), and before that, in the Pollution Prevention and Control (England and Wales) Regulations 2000. However, the Environment Agency has now issued a Position Statement on the regulation of waste derived fuels, which changes this.
The Position Statement confirms that under the current wording of Section 1.1 Part 2 of Schedule 1 to the EPR 2010, combustion of fuel manufactured from waste, which has passed the end of waste test, still requires a permit even though the Agency consider that burning waste derived fuel is no worse environmentally than burning a virgin fuel comparator. However, the Agency now intend to consult on proposed amendments to this section, in order to remove those waste derived fuels, which meet the end of waste test, from that category. It is intended that the amendments should come into force by April next year.
In the meantime, the Position Statement confirms that the Agency will only require a permit for burning a waste derived fuel which they are satisfied has ceased to be a waste, in combustion plants over 50MW thermal input unless they also burn fuel which remains a waste. Effectively therefore, the Agency are applying the same threshold that exists for virgin fuels to waste derived fuels, by way of this interim position, until such time that they amend the EPR to reflect this.
The situation in Scotland, under the Pollution Prevention and Control (Scotland) Regulations 2000, remains unchanged until such time that SEPA adopts a similar regulatory position.
The Agency’s Position Statement can be accessed via the following website:
http://www.environment-agency.gov.uk/business/regulation/99685.aspx
Permitting exemptions explained amid amendments to the EPR
Following the recent changes made to the permitting exemptions by the Environmental Permitting (England & Wales) Regulations 2010 (EPR 2010), the Environment Agency has issued a Position Statement setting out how it regulates aggregates, soils and soil substitutes produced at sites registered exempt under the existing Paragraph 13 exemption.
EPR 2010 introduced a completely new set of waste exemptions, replacing those that previously existed under EPR 2007. Those activities that were previously registered as exempt under EPR 2007, will now be subject to the transitional arrangements set out in EPR 2010, which will require operators over the course of the next three and a half years, either to obtain an actual permit, or register themselves as exempt under one of the new categories of exemption under EPR 2010.
The existing exemption under Paragraph 13 of Schedule 3 to EPR 2007 exempts the manufacture of aggregates and soil or soil substitutes from waste (including waste from construction or demolition work) from the need to hold an environmental permit, if the manufacturing is carried out either at the place where the waste was produced or where the soil/soil substitute is to be used.
The Position Statement aims to address the uncertainty expressed by some operators as to whether waste ceases to be waste once a paragraph 13 operation has been carried out, and whether materials could be used for the manufacture of soil or soil substitutes on a different site without the need for a permit.
In relation to the manufacture of aggregates, the EA clarifies that the question of whether aggregates cease to be waste depends on operators compliance with the ‘Quality Protocol for the Production of Aggregates from Inert Waste’. The protocol sets out the framework for deciding whether the construction or demolition waste is processed in accordance with the protocol’s requirements and the output meets the appropriate standard. Such requirements include demonstrating that a market for the material as a replacement for virgin aggregate exists, and that the aggregate is suitable for its intended use.
On the manufacture of soil and soil substitutes, the EA confirms that to meet the terms of the paragraph 13 exemption, the manufacture of a soil/soil substitute incorporating fines must be carried out either where the waste was produced or where the soil/soil substitute is to be used.
Once transition over to the provisions of the EPR 2010 (the transitional provisions under EPR 2010 allow operators until October 2013 to move into the new permitting regime), either a permit, or a further exemption will be required. Operators will therefore need to consider whether they meet the conditions of the new exemptions provided for under EPR 2010, for example exemption T5, which covers screening and blending of waste. Paragraph T5 of Schedule 3 to the EPR 2010 exempts the treatment of waste by screening and blending it for the purposes of producing an aggregate or soil and associated prior treatment, again provided that certain conditions are met.
The EA’s position statement is available at the link below:
http://www.environment-agency.gov.uk/static/documents/Research/PS_001_Manufac_of_agg__soils_v2_June_2010.pdf
Meanwhile, the EA has issued a separate regulatory position statement, relevant to those who don’t comply with the Quality Protocol for the production of aggregates from inert waste, which was published back in 2005. The Position Statement sets out how the EA will regulate the collection and processing of inert waste, clarifies the situation in relation to those that comply with the Aggregates Protocol and those that don’t, particularly in light of the new exemption categories, and also explains what enforcement action may be taken in certain circumstances.
The position statement may be accessed via the following link:
http://www.environment-agency.gov.uk/static/documents/Business/MWRP_RPS_029_Env_reg_of_recov_agg_rev_Jul_10.pdf
Consultation on transposition of the revised WRD completes the circle
DEFRA have launched the second stage of its consultation on the transposition of the revised Waste Framework Directive (Directive 2008/98/EC). The purpose of the consultation is to consult on draft Regulations necessary to ensure that the revised Waste Framework Directive (rWFD) is fully and correctly transposed in England and Wales. The current consultation is therefore concerned with building upon the proposals presented in its July 2009 consultation on transposing the directive, and therefore includes actual draft Regulations, the Waste (England and Wales) Regulations 2010. Subject to the outcome of this consultation, these are due to come into force in December 2010.
The consultation reflects those aspects of the rWFD which are likely to have the most impact on industry, in particular, the introduction of the new 5-step waste hierarchy under Article 4 that Member States are required to apply as a priority order in waste prevention and management legislation and policy: Prevention; Preparing for re-use; Recycling; Other Recovery; and Disposal.
The duty to manage waste as high as possible up the waste hierarchy will be filtered down into all stages of waste management, including disposal. Consideration is to be given to the waste hierarchy at the permitting stage, with Defra proposing to apply the hierarchy at a strategic level, ensuring that applications for pollution control permits under the Environmental Permitting (England & Wales) Regulations 2010 demonstrate that waste will be treated only in accordance with the waste hierarchy.
Amendments are also to be made to the duty of care regime so as to require waste producers to declare that they have taken the hierarchy into account when disposing of their waste. This declaration will be added to the waste transfer note certifying that they have taken the waste hierarchy into account in minimising waste, and in their decision about the treatment which the waste is being consigned to.
By way of a two pronged approach, the waste hierarchy is also to be applied through planning consent, in that the waste hierarchy should form part of the decision-making process for particular types of project. However, Defra confirms that the waste hierarchy should not be applied retrospectively to waste treatment operations already authorised and in operation on the due date for transposition of 12 December 2010.
The consultation also sets out Defra’s aim to promote high quality recycling through separate collections for paper, metal, plastic and glass, with measures to address commercial and industrial waste as well as household waste. Defra therefore proposes placing a legal requirement on waste companies to offer such collections to businesses from 2015 as well as from households. This requirement would be enforced by making it a condition of waste carrier’s licences or through imposition of a civil sanction.
The Consultation document and draft Regulations may be accessed at the following link:
http://www.defra.gov.uk/corporate/consult/waste-framework-revised/index.htm
A way out of the waste chain for waste lubricating oils
SEPA have issued a position statement supporting the use and production of processed fuel oil (PFO) from waste lubricating oil and oil based mud cuttings. In the statement, SEPA confirms that it will not regulate as waste, PFO produced and used in compliance with the statement.
In recognition of the large amounts of waste oil and oil cuttings received into Scotland each year, the potential exists to recover significant quantities of fuel oil from these waste streams provided that they undergo sufficient treatment. At present, most of these waste oils are burned in plants compliant with the Waste Incineration Directive (WID). However, with sufficient treatment, some of these wastes may be processed into replacement distillate and residual fuel oils and supplied into the wider economy, which would assist in moving towards a zero waste Scotland.
SEPA’s basic position is that when sold and dispatched, PFO derived exclusively from the list of waste types in Appendix 1 to the statement (Acceptable Waste Inputs for the Production of PFO) and meeting the specification in Appendix 2 (Distillate and Residual Fuel Specifications), will not be regulated as waste by SEPA. There is a wide range of acceptable waste types from which PFO may be derived, which include drilling muds and other drilling wastes, and waste hydraulic oils and waste engine, gear and lubricating oils, amongst others.
The specifications set out in the Statement distinguish between PFO that will replace distillate fuel (e.g. gas oil) and PFO that will replace residual fuel (e.g. heavy fuel oil), with PFO having to meet the parameters for the relevant class of fuel set out in BS2869:2006 specification ‘fuel oils for agricultural, domestic and industrial engines and boilers’. In addition, limit values for Total Halogens as Chlorine, PCB’s and a number of metals are included in the specification, with sulphated ash content also included as a parameter in assessing a residual oil equivalent.
Where PFO meets all the given criteria for a distillate or residual oil equivalent, SEPA confirms that it can be sold, supplied or used in any application where it is a direct substitute for a distillate or residual fuel, as appropriate. In those circumstances, PFO does therefore not have to be burned as a fuel in compliance with WID.
SEPA confirms that the appropriate waste management controls will apply to the movement, storage and incineration of PFO where producers and users do not comply with the statement. SEPA also advises that producers of PFO should note that processing and storage of PFO prior to its sale and dispatch are regarded as waste activities by SEPA.
Finally, with regards to the regulatory position, the current law in relation to PFO requires that PFO compliant with the SEPA position is regulated as ‘recovered oil’ under the Pollution Prevention and Control (Scotland) Regulations 2000 (as amended). This means that users of PFO must have a PPC Part B Permit for combustion in an appliance of less than 3MW thermal input or a PPC Part A permit for combustion in an appliance of 3MW or greater. This therefore differs from the position recently adopted in England and Wales in relation to waste derived fuels.
SEPA’s position statement may be accessed via the link below:
http://www.sepa.org.uk/waste/waste_regulation/guidance__position_statements.aspx
Clinical waste comes under the spotlight
The Environment Agency (EA) has issued additional guidance for operators handling clinical waste, aimed at setting out the standards and measures that apply to the management of clinical wastes, in order to ensure compliance with a permit and that the requirements under the Environmental Permitting Regulations 2010 (EPR 2010) are met. In most cases this will mean that both the requirements of the Waste Framework Directive (WFD) and Best Available Techniques (BAT) are to be met.
In order to meet these overarching requirements, the guidance provides an in-depth overview of how operators handling clinical waste should be managing their activities, providing an insight into the different requirements for permitted operations, as well as details on the requirements for emissions and monitoring.
The guidance highlights the most appropriate measures to be taken when handling clinical waste when evaluating the available options in key aspects of waste management, such as energy efficiency and efficient use of raw materials and water – appropriate measures for thermal disinfection or chemical disinfection treatment processes include considering disinfectants that might have a lower environmental impact and ensuring that overall raw material usage is minimised.
The guidance also distinguishes between permitted waste (for clinical waste activities) that is suitable for alternative treatment (disinfection) and permitted wastes that are unsuitable for permitted treatment. Permitted wastes requiring alternative treatment due to their infectious properties include wastes from human or animal healthcare and/or related research, and municipal wastes including household, commercial and industrial waste.
In contrast, permitted wastes not requiring alternative treatment are excluded for reasons that the waste is not infectious or contains chemicals or other properties that the process may not be able to meet – the guidance establishes that justifications are necessary for the treatment of such wastes. In the case of waste contaminated with or containing any residual pharmaceuticals or hazardous chemicals, a justification must demonstrate that the process is able to effectively treat the range of chemicals or pharmaceuticals that may be present, rather than dilute them with other waste. A justification for the treatment of non-infectious waste must consider factors such as the mixing of clinical (infectious) waste with non-infectious waste during the treatment process, which may not be appropriate in light of the Hazardous Waste Directive.
Finally, the guidance includes a set of annexes with detailed technical information on the standards and appropriate measures for demonstration of disinfection efficacy and routine monitoring efficacy for clinical waste treatment devices. The requirements for monitoring of microbial emissions from clinical waste treatment plants are set out separately.
The guidance on clinical waste operations may be accessed through the following link:
http://publications.environment-agency.gov.uk/pdf/GEHO0710BVSI-e-e.pdf
Meanwhile, the EA has issued a position statement on the export of waste medicines for organisations (including charities) seeking to export waste medicines for use overseas.
The statement provides guidance as to when waste controls under the Hazardous Waste (England & Wales) Regulations 2005 will apply to two groups of medicine, covering (1) certain waste medicines from the manufacturer, medical practice or pharmacy, and (2) those other waste medicines including all those issued to patients and returned to the medical practice or pharmacy.
Based upon criteria established by the Royal Pharmaceutical Society of Great Britain (RPSGB) the EA highlights that the first group of medicines can be segregated and used for donation. If the segregation occurs at the medical practice, pharmacy or manufacturers premises, then the medicines would not enter the waste chain.
For other waste medicines, the EA confirms that in view of the RPSGB criteria, patient returned medicines cannot be re-used, and will therefore remain a waste.
The EA’s position statement on the export of waste medicines can be found at the following link:
http://www.environment-agency.gov.uk/static/documents/Research/PS_026_Export_of_waste_medicines_final_08-07-10.pdf
AD trials given the all-clear
The Environment Agency (EA) has issued a regulatory position statement on the use of anaerobic digestate (AD) liquor in mine restoration. The EA confirms that if the requirements of the statement are complied with, the EA will support the trial of using AD liquor as a growth promoter on artificial soils used in the restoration of mineral operations, in order to assess how effective the use of AD liquor is when added to a compost base.
The EA’s statement comes at a time when several trials are due to take place in Wales looking at the use of PAS 100 compost and Quality Protocol (QP) compliant PAS110 AD liquor in the restoration of mineral workings. QP compost will be used as an additive to existing on-site quarry waste to produce an artificial soil. It is intended that the addition of AD liquor to this material will be trialled to see if it has a beneficial effect in reducing the risk of erosion to restored land by promoting rapid plant growth on the mineral substrates. The trials will take place in different sites across Wales.
The basic outline of the EA’s position is that it will not pursue an application for a permit for the operation where:
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the format and methodology of the trials is agreed in advance with the EA;
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the treatment of the waste is carried out in accordance with the site specific working plans for each site; and
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records relating to the trial must be kept for the duration of the trial and two years thereafter and made available to the EA on request.
Finally, ensuring compliance with the relevant objectives of the Waste Framework Directive is central to the EA’s support of the use of AD liquor in this context. Therefore the trials must ensure that waste is recovered or disposed of without endangering human health or the environment.
The EA’s position statement on the trial of using anaerobic digestate liquor as a growth promoter in the restoration of mineral operations can be found at the following link:
http://www.environment-agency.gov.uk/static/documents/Business/MWRP_RPS_068_Trial_of_AD_Liquor_final_Jun10.pdf
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