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

The End of Waste test: OSS Case Law 1)…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

21 million tonnes255,000,000 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. 5,242,128m 3

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 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

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 Improving our approach - EQual

Quality Protocol Checker Improving our approach - EQual

PDF report

Improving our approach - EQual Definition 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? YesNo Upload evidence Established market? No Yes 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 - EQual Field 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 Hoare Environment & Business Manager Environment Agency (England)