EPA WASTE WORKSHOP. Hodson Bay Hotel, Athlone, Co.Westmeath. Thursday 24 th October 2013

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1 EPA WASTE WORKSHOP Hodson Bay Hotel, Athlone, Co.Westmeath. Thursday 24 th October 2013

2 End-of-Waste and By-Products Brian Meaney Senior Inspector, Environmental Licensing Programme EPA Waste Workshop 24 Oct 2013

3 What I will talk about State of play with current waste licence applications By-Product End-of-Waste Concept Conditions Role of the EPA Procedures Experience

4 Licensing Plan 2013 Prioritisation for licence applications Signed off by Board of the Agency Sets out priority waste licence applications to be processed in 2013

5 Problems that are hindering progress EIA ECJ judgement, some applications cannot proceed until EIA issue is dealt with i.e. new Regulations. AA Appropriate Assessment issues are being resolved, but has recently delayed the issuing of 3 PDs IED Industrial Emissions Directive 7 applications transitioned in September more will transition in February 2014 Legal/transitional problems are arising seeking legal clarity

6 End-of-Waste and By-Product

7 Background Definition of waste in 2006 WFD ( discard ). Much debate, discussion and ECJ involvement. EU Commission paper in 2007 on waste and byproducts. Revision of Waste Framework Directive 2008/98/EC Article 5 By-Products Article 6 End-of-Waste

8 Concept A substance or object can be a by-product (and not a waste) under certain conditions. Certain specified waste shall cease to be waste when it has undergone recovery, including recycling, and meets certain conditions. If regulatory controls under waste legislation are needed to protect the environment and human health, waste status should remain.

9 The conditions By-product (art 5) Further use of the substance or object is certain The substance or object can be used directly without any further processing other than normal industrial practice The substance or object is produced as an integral part of a production process Further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts End-of-Waste (art 6) The substance or object is commonly used for specific purposes A market or demand exists for such a substance or object The substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products The use of the substance or object will not lead to overall adverse environmental or human health impacts

10 Role of the EPA European Communities (Waste Directive) Regs 2011 By-product Article 5 of the Directive Article 27 of the Regulations End-of-waste Article 6 of the Directive Article 28 of the Regulations 1. A person makes a decision that their material is a by-product 2. The decision is notified to the EPA 3. The EPA scrutinises the decision to see if it is correct 4. If the decision is incorrect, the EPA can determine that the material is a waste 1. European Commission is tasked in the Directive to prepare criteria for endof-waste for classes of waste including aggregates, paper, glass, metal, tyres and textiles 2. Criteria are published for metal and glass 3. If no EU criteria, Agency can decide case-by-case on end-of-waste criteria 4. Decisions are to be notified

11 By-product By-product Article 5 of the Directive Article 27 of the Regulations 1. A person makes a decision that their material is a by-product 2. The decision is notified to the EPA 3. The EPA scrutinises the decision to see if it is correct 4. If the decision is incorrect, the EPA can determine that the material is a waste This is the economic operator s decision, not the Agency s. You are not making an application to the Agency or asking the Agency a question. The onus is on the Agency to consider your decision. The Agency must consult with you before deciding that your material is a waste.

12 By-product procedures EPA procedures are well developed and still evolving Notification form is on the EPA website An electronic notification webform is in development Consultation on by-product status for soil and stone Consultation report on EPA website (Art 27 page)

13 Successful and unsuccessful notification Materials successfully notified (all conditions met) soil and stone pyritic limestone paper coffee grounds brewing and distillation residues (spent grain etc.) plastic road planings bread and bakery residues steel and aluminium off-cuts Determinations made (material is waste) soil and stone used silage wrap sludge (various types) spent mushroom compost* meat and bone meal* used cooking oil road planings * Future notifications might be successful yet Agency has set out its position

14 End-of-waste End-of-waste Article 6 of the Directive Article 28 of the Regulations 1. European Commission is tasked in the Directive to prepare criteria for endof-waste for classes of waste including aggregates, paper, glass, metal, tyres and textiles 2. Criteria are published for metal and glass 3. If no EU criteria, Agency can decide case-by-case on end-of-waste criteria 4. Decisions are to be notified Several end-of-waste requests are with the Agency: - newsprint - aggregate - biomass fuel from wood

15 Some considerations on how to proceed End-of-waste criteria should include limit values for pollutants where necessary needed for aggregates from recycled C&D waste? needed for biomass fuel from recycled C&D wood? Comparative analysis How does the end-of-waste material compare with virgin material? Does it contain contaminants? Will it create emissions? How does the State notify case-by-case decisions, i.e. those made by individual companies? Commission s guidance says that single-case decisions don t have to be notified. The meaning of this is not clear. Example from other countries might be useful to follow.

16 UK and Dutch procedures Environment Agency (England) Dutch Ministry for Environment End of waste decision is made by a company Opinion of the regulatory body is sought Both have a waste panel of some sort: In NL, made up of certain people in Ministry and regional waste managers In England, made up of EA, ministry and industry reps The panel scrutinise the notified decision, seeks further information etc. Regulator gives its opinion If in agreement, you can proceed with classifying your material as end-of-waste If not, the regulator is stating its opinion that your material is still waste. It is not deemed advisable to act in a contrary manner. Scotland and Northern Ireland have similar frameworks Seeking the opinion of the Dutch regulator is not mandatory but is advised for innovative products or waste treatments In relation to imports, the Ministry seeks the opinion of the regulator in the country of origin.

17 What about end-of-waste criteria for classes of materials? End-of-waste criteria have been published in UK for: processed fuel oil (recovered from waste oil and to be used as fuel) compost aggregates waste cooking oil (for biodiesel) plasterboard pulverised fuel ash and furnace bottom ash tyre-derived materials These were notified to the European Commission, circulated to Member States for comment, and then adopted

18 What about end-of-waste criteria for classes of materials? The Agency will not be taking the lead in developing end-ofwaste criteria for Irish industry No income/funding to develop end-of-waste criteria for use by industry Industry will have to respond either by seeking case-by-case decisions or working together to develop generally applicable criteria for particular waste streams The onus is on industry to be pro-active on end-of-waste

19 To summarise The Agency s Licensing Plan for the waste sector is proceeding well Procedures for by-product notifications are well developed Busy work area Notification form on the EPA website On end-of-waste, still a slow burner on all fronts Procedures in other countries will be considered for adoption here A lot of development work to be done in 2014 if resources are allocated

20 Thank You

21 EPA WASTE WORKSHOP Hodson Bay Hotel, Athlone, Co.Westmeath. Thursday 24 th October 2013