end of waste – experiences from the uk roger hoare, environment agency 3rd october 2013 malta 2013...

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End of Waste – Experiences from the UK Roger Hoare, Environment Agency 3rd October 2013 Malta 2013 IMPEL ference on Implementation and Enforcement of Environmental legislat

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End of Waste – Experiences from the UK

Roger Hoare, Environment Agency3rd October 2013

Malta 2013 IMPEL

Conference on Implementation and Enforcement of Environmental legislation

Introduction

• Overview of UK approach

• UK Solutions

• Ongoing challenges

The End of Waste test: OSS Case Law1) …a distinct, marketable product…

2) …which can be used in exactly the same way as an ordinary fuel (product)….

3) …with no worse environmental effects.

UK Approach - Overview

DoW National

Panel

Quality Protocols

CL:AIRE Code of Practice

Article 6(4) WFD

UK Approach - Overview

Quality Protocols: Waste Stream EoW Criteria

UK Approach

RHOARE
please add in PFA

21 million tonnes 255,000,000 EUR

165,000 tonnes

UK Approach

CL:AIRE Code of Practice

• Launched in 2008• Scope – excavated materials• Applied to > 450 projects• Private sector leading delivery• April 2012 to July 2013 approx. 5,242,128m3

UK Approach - Case by Case opinions

• National DoW Panel (England & Northern Ireland)

• Guidance and Application Forms provided• 4 types of application:

• Fuels• Materials to Land• Construction products• Manufacturing

2009/2010 2010/2011 2011/2012 2012/20130

10

20

30

40

50

60

New submissions

Approved

% Approved

UK Approach - Case by Case opinions

• Regulatory challenge− Quality of applications− New technologies− Freedom of Information requests− Dilution of contaminants

• Business issues− Unclear assessment process− Length of time to provide an opinion− Need for robustness, reliable outcomes− Market impact of decisions

UK Approach - Case by Case opinions

Improving our approach - EQual

Aims:• Provide EoW tools and guidance for regulators

& businesses• Improve the evidence base supporting EoW

• EU match funding – LIFE+• 3M Euro programme finishing in 2015• In partnership with industry and regulators

Improving our approach Partners

RHOARE
please add in PFA

To promote the sustainable use of waste-derived products the EQual programme will be producing:

− “Quality Protocol Checker” Web Tool− Definition of Waste (DoW) Web Tool− Waste-derived product field trials

http://www.environment-agency.gov.uk/equal

Improving our approach - EQual

Quality Protocol Checker

Improving our approach - EQual

PDF report

Improving our approach - EQualDefinition of Waste Web Tool

• Key objectives:− Enable better decision-making by industry− Streamline regulatory approaches to DoW

• Particulars:− Developed by Environment Agency and Rijkswaterstaat− For use in NL and England, Wales, NI− Web tool trials and evaluation throughout 2013/14

• By-Product and End of Waste Assessments• Developed jointly with the Netherlands• Takes a top-down approach from WFD

− Market Assessment− Materials Processing− Product Standards− Environmental and Human Health Risk Assessment

Definition of Waste Web Tool - scope

Start Market Assessment

Do you have customer contracts in place?

Yes No

Upload evidence

Established market?

NoYes

Market conditions

not met

Next question…

Possible Outcomes:

• Is a Product• Is a By-Product• Is a Waste• Has achieved End of Waste

Definition of Waste Web Tool - process

• Provides a self-assessment PDF report

• Allows submission of application to the Regulator for an opinion if desired

• Flexible tool – as guidance, optional assessment, mandatory assessment

Definition of Waste Web Tool: outputs

Aim- Maximise the uptake of waste derived materials through building market confidence in their safety and suitability in place of ordinary materials.

Improving our approach - EQualField Trials

Developing an EU Network of Interest in End of Waste

Germany, Austria, Sweden, Netherlands, Scotland, Ireland, Northern Ireland, Spain, Malta, Switzerland, France……

“The tool could be used to train staff across Regulators in our country”

“Initially we thought the tool would not be relevant for us, but now we can see how businesses can use it to assess their wastes”

• Legal and technical complexity

• Regulatory disagreement impacts on TFS

• Pressure due to significant benefits & risks

• Protection of the land bank

• Maintaining quality waste derived products

Ongoing challenges

Thank you

Roger HoareEnvironment & Business ManagerEnvironment Agency (England)0117 934 [email protected]://qpchecker.info/www.environment-agency.gov.uk/equal