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 Agency3rd October 2013
Malta 2013 IMPEL
Conference on Implementation and Enforcement of Environmental legislation
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
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
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
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