Legislation Update : SWWMG March 2015

HAZARDOUS WASTE REGULATIONSChanges to commence in June 2015

Risk phrases and danger categories will be replaced by Hazards Statement, Hazard Class and Category Codes

H1 through to H15 will become Hazardous Properties: HP1 through to 15

Changes to thresholds for some hazard properties

Addition/amendment of a handful of EWC codes (mercury, red muds and chlorosilanes)

Inclusion of thresholds for Persistent Organic Pollutants (POPs)

HP14 Ecotoxic: the EA is waiting for the European Commission to better define the criteria for this hazard property and make implementation across Europe more consistent.

WM2 will become WM3

Energy Savings Opportunity Scheme (ESOS)ESOS is a mandatory energy assessment and energy saving identification scheme. 

It's been introduced by the Department of Energy and Climate Change (DECC)

The scheme will operate in 4 yearly compliance phases

Organisations or groups will qualify for ESOS if they have at least one large undertaking on 31 December 2014.

A large undertaking is an organisation which: employs at least 250 people; or has an annual turnover exceeding 50m euros (approx £42.5m) and a balance sheet exceeding 43m euros (approx £36.5m). A balance sheet is a written statement of an organisations assets, liabilities and capital. Organisations will need to use the exchange rate on 31 December 2014 to determine if they qualify.

If they qualify for the scheme they need to complete an assessment and any relevant audits within the deadlines.

We will be the scheme administrator for the UK but we will only be the compliance body for England.

ESOS will help organisations recognise energy saving opportunities and help them save money.

ESOS – Key Dates

Organisations who qualify must carry out their ESOS assessment once every 4 years and notify us when it’s complete.

The table shows the key dates for each phase.

Qualification Date Compliance Period

Compliance Date

Phase: 1 31st December 2014

6 December 2011 - 5 December 2015 

5 December 2015

Phase: 2 31st December 2018

6 December 2015 - 5 December 2019  

5 December 2019

Phase: 3 31st December 2022

6 December 2019 - 5 December 2023  

5 December 2023

ESOS AssessmentTo complete an assessment the participant must:

- calculate their total energy consumption

- identify their areas of significant energy consumption

- find out whether ISO 50001, Display Energy Certificates or Green Deal Agreements cover any of your areas of significant energy consumption

The assessment must be signed off by an approved lead assessor

When the assessment has been signed off by a lead assessor, the participant needs to notify us on GOV.UK between the 1 January 2015 and 5 December 2015.

IsItWasteTool

Tool to assess whether your waste derived material can be classed as non-waste so outside waste controls

On Line Waste Tool

Free easy to use assessment tool that will help businesses check whether a waste or surplus material is a by-product or achieves End-of-Waste status and can be considered product.

https://isitwaste.org/equal/en/#/

IsItWaste

The tool provides a step by step approach including material composition, risk assessment, product use and end markets.

It can also be used to submit an application to the EA’s Definition of Waste panel for a formal decision if desired

Update to Standard Rule Permits

EA has proposed a number of changes to SR permits to bring them in line with EU law and introduce new rules on asbestos, fire prevention and metal recycling

12 SR permits being updated to reflect requirements of IED:

- Clinical waste TS (with and without treatment)

- Low impact Part A installations (including those producing biodiesel)

- Treatment of waste to produce soil

- Composting in closed and open systems

- Part A installations involving composting in closed and open systems and treatment of incinerator bottom ash

AD facilities

On farm AD using farm waste only

Standard Rule Permits

Changes mostly apply new maximum limits for storage and processing, add new waste types and codes and introduce conditions on odour and pests.

Changes to metal recycling rules including some IED requirements – affects activities related to metal recycling, waste vehicle storage, depollution and dismantling and WEEE.

A new set of standard rules allows metal recycling and WEEE treatment to take place at the same place.

Combustible Waste

New requirement for permitted sites allowed to store combustible waste to draw up a fire prevention plan

Must specify: quantities and types of wastes stored on site, minimum separation distances, what fire prevention techniques are in place and what steps to undertake in case of a fire.

This will apply to 21 SRs and generic risk assessments for sites storing or treating combustible waste

MRFs and transfer stations will not be able to store combustible waste outside for more than 3 months

Sites will not be able to treat wood waste for recovery within 200 metres of a workplace or home and will not be allowed to accept more than 5,000t of wood waste/year.

Separate collection of waste paper, plastic, metal and glass

From 1 January public and private waste collectors must follow the regulation on collecting certain waste types separately: paper, plastic, metal and glass

You must collect the 4 waste streams separately if it’s both:

- necessary, to produce high quality recyclates (the necessity test)

- technically, environmentally or economically practicable to do so (the TEEP test)

EA Regulatory role

EA responsibility to see that the legislation is applied

Collectors being asked to supply information on current collection methods

Sources of information to be used – WasteDataFlow, the WRAP website, returns from MRFs eDoc and feedback from local people and EOs.

The level of compliance will determine the level of intervention

Ongoing risk based regulatory activity to include periodic review of collection systems and updates on improvements undertaken.

Thank YouTessa Bowering

Senior Environment officerDirect dial: 01258 483416

Tessa.bowering@environment-agency.gov.uk