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End of Waste – Experiences from the UK. Roger Hoare, Environment Agency 3rd October 2013 Malta 2013 IMPEL. Conference on Implementation and Enforcement of Environmental legislation. Introduction. Overview of UK approach UK Solutions Ongoing challenges. UK Approach - Overview.
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End of Waste – Experiences from the UK Roger Hoare, Environment Agency 3rd October 2013 Malta 2013 IMPEL Conference on Implementation and Enforcement of Environmental legislation
Introduction • Overview of UK approach • UK Solutions • Ongoing challenges
UK Approach - Overview The End of Waste test: OSS Case Law • …a distinct, marketable product… • …which can be used in exactly the same way as an ordinary fuel (product)…. • …with no worse environmental effects.
UK Approach - Overview Quality Protocols CL:AIRE Code of Practice Article 6(4) WFD DoW National Panel
UK Approach Quality Protocols: Waste Stream EoW Criteria
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
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
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
Improving our approach - EQual • 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 - 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
Definition of Waste Web Tool - scope • 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 - process • Possible Outcomes: • Is a Product • Is a By-Product • Is a Waste • Has achieved End of Waste Start Market Assessment Do you have customer contracts in place? Yes No Market conditions not met Upload evidence Established market? Yes No Next question…
Definition of Waste Web Tool: outputs • 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
Improving our approach - EQualField Trials Aim- Maximise the uptake of waste derived materials through building market confidence in their safety and suitability in place of ordinary materials.
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”
Ongoing challenges • 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
Thank you Roger Hoare Environment & Business Manager Environment Agency (England) 0117 934 4108 roger.hoare@environment-agency.gov.uk http://qpchecker.info/ www.environment-agency.gov.uk/equal