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Waste Strategy & Regulation ‘a UK perspective’. Dr. Adam Read – Director Waste Management & Resource Efficiency, AEA Presentation to the Waste , Recycling Industry Association (QLD) inc 26th October 2012 Brisbane. A world leading energy and climate change consultancy.
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Waste Strategy & Regulation ‘a UK perspective’ Dr. Adam Read – DirectorWaste Management & Resource Efficiency, AEA Presentation to the Waste , Recycling Industry Association (QLD) inc 26th October 2012 Brisbane A world leadingenergy and climatechange consultancy
Presentation scope in 30 minutes … • Personal welcome • The legislative framework • Waste strategy development • Drivers for change: • Fiscal • Landfill tax • Regulatory • Permitting and exemption regime • Market Development • Quality Protocols • In summary – what can we learn? • Open Q&A….
A personal welcome • Dr Adam Read • Practice Director @ AEA for Waste Management & Resource Efficiency • 18 years of operational expertise • 80 consultants (UK) plus 50 in the US • Former Local Authority Recycling Officer (RB Kensington & Chelsea) • Working with EA on new technologies and infrastructure delivery • Client Manager for WRAP (UK delivery agency) • Designed and rolled out innovative new collection schemes (15 years) • BUT I am not a regulator (this is important – watch this space) • Acknowledgements • AEA team (my co-authors) • Nia Owen and Maria Vinogradova • My clients for allowing me to ‘share’ their experiences (off record) • The organisers for the invite (thanks Rick & Georgina!)
http://www.aeat.com AEA delivers over £90 million annually of energy, environmental, resource efficiency, transportation, and climate policy support and program implementation services to: UK Government US Government European Commission International Institutions …. waste management, carbon management, climate change strategies, transport, resource management, life cycle assessment, sustainability, energy efficiency, clean energy, GHG inventories, adaptation, behaviour change ….
Our Scope of Services Practice Areas: • Air and Environmental Quality • Chemical Emergency & Risk Management • Energy & Climate Change • Enterprise Services • Information Management • Knowledge Management • Sustainable Transport • Resource Efficiency and Waste Management Expertise: • WRATE / Carbon Modeling • Audits • Procurement Support • Technologies / Cost / Barriers • Policy Development • Stakeholder Engagement / Communications • Service Efficiencies • Knowledge Management & Transfer • Training …. experience at the interface of government, business, and academia
EU Waste Framework Directive • Dates back to the 1970s • Enshrines the waste hierarchy within the WFD • Transferred to national law by each member state • Enacted through policy / strategy • Recent change to prioritise ‘reuse’ • National Waste Management Strategy • National Waste Minimisation Strategy • Infraction if fail to comply….
Landfill Directive - 2000 • Scaling back of organic material to landfills compared to 1995 …
The EU Landfill Directive • EU Landfill Directive – address landfill’s environmental impacts • BMW reductions required to mitigate fugitive CH4 emissions • Pre-treatment of landfilled materials • Landfill waste acceptance criteria (WACs) • Landfill design, operation, completion and closure requirements • BMW Landfill targets for the UK • 75% of 1995 level by 2010 • 50% of 1995 level by 2013 • 35% of 1995 level by 2020 • Required all stakeholders to work together • National legislation & policy • Support programmes • Engagement & Education • Collection and Treatment providers
Waste arisings – 2010/11 • Million tonnes per annum
What does this mean? • This now includes C&I wastes….. GAME CHANGER! • A major shift in how the UK defines MSW!!!!
Implementation of EU Policy & National waste strategy development
UK Government • UK is responsible for reporting to EU on policy progress • National Administrations set policy and monitor performance • England • Scotland • Wales • Northern Ireland • Local Government set strategy, deliver services and respond to local ‘demands’ • Funded by UK taxation • Funded by local Council Tax • Elected ‘members’
Implementation … nationally … • Waste Strategy for England 2007 • Waste Review 2011 (some minor revisions in priorities) • Scotland Zero Waste Plan 2010 • Wales Towards Zero Waste strategy 2010 • Northern Ireland Waste Strategy 2006 (now under review)
Divergence? • Wales and Scotland are now clearly leading in terms of waste strategy • Clear centralised leadership • High priority issue • Ambitious targets beyond statutory EU limits • Wales and Scotland have fully embraced Zero Waste as a policy concept • Used as a philosophy to drive change • Zero waste to landfill initially • One Planet Living (Wales) • Carbon mitigation (Scotland)
Does it make a difference??? • Look at Scotland catching up after strategy… • The proof will come in a couple of years’ time…
And the scores are……………………… Municipal Recycling Rates • 48% of household waste was recycled and composted in Wales during the financial year 2011-12, representing a 4% increase on the previous year • Recycling rate for Englishcouncils was 42.5% between October 2010 and September 2011 • Scotlandreached a household waste recycling and composting rate of 40.7% for 2011
Landfill tax escalator • Landfill becomes unviable as tax increases • Tax is applied before gate fee • Gate fees at landfill c. £50-75/ tonne • Gate fees at EfW plants will be c.£70-£100 / tonne • Landfill stopped making financial sense in 2009-10
Waste Regulation • Enforcement: • Environment Agency in England & Wales* • SEPA in Scotland • EPA in Northern Ireland • *Wales is to have its own enforcement body from April 2013 • EU is key driver for legislation: • Waste Framework Directive • Landfill Directive • Producer Responsibility (by material and sector) • Each member state is responsible for implementing legislation • significant differences in approach across the EU (voluntary vs. mandatory) • Within the UK each Country is also developing its own approach
Private sector will invest! • Recognition that change wouldn’t happen without interference • Scotland have introduced the Waste (Scotland) Regulations 2012 • Requirements: • Separate collection of metal, plastic, glass, paper and card from 1st January 2014 from all HHs and businesses • Food businesses (except in rural areas) which produce > 50 kg of food waste per week to present that food waste for separate collection from 1st January 2014 • Food businesses (except in rural areas) which produce > 5 kg of food waste per week to present that food waste for separate collection from 1st January 2016 • Regulations also ban the use of non-domestic food waste disposal units, i.e. macerators • avoid food waste being diverted to the sewers!
Statutory (mandatory) Targets for MSW • Wales have introduced statutory recycling targets for MSW under the Waste (Wales) Measure 2010: • 2012-13: 52% …… 2015-16: 58% • 2019-20: 64% ….. 2024-25: 70% • Waste must have undergone a relevant recovery operation so that it has been reprocessed into a product, material or substance, whether for its original or other purposeto be counted in these targets • e.g. Compost must meet the requirements of Compost QP • Markets are critical to achieving recycling rates • Government are part funding quality collection systems • Influence what is happening without mandating solution • Failure to comply with statutory targets = financial penalties ££
Environment Agency • Regulator for England and Wales • risk based approach to regulation • Executive non-departmental Public Body • Permits and licenses • Pollution control • Research activities • Data collection • Staff: 11,500 • Budget: £1.1 billion • £750 million – from Central Government • £350 million – charged income
Environmental Permitting Regime • Any waste operation will normally require an authorisation: • Environmental permits issued by the Environment Agency • The waste operation must operate within the controls laid out in the environmental permit • Types of operation requiring a permit are: • Waste transfer stations • Materials recovery facilities • Incinerators Risk
Risk based regulation • The theory behind the Environment Agency approach • aim to reduce red tape and help businesses • Regulate poor performers and complex operations more rigorously! • Proportionate regulation and enforcement • Environment Agency offers a range of permits • Standard permits for low risk operations • Exemptions (no license, but on the radar) • Bespoke permits for complex / large operations • Operator Risk Appraisal: Opra • Charges and inspections are risk-based! • There is no operating outside the system
Closing down the ‘worst’ offenders Closure of most of the 8,000 licensed facilities
Standard permit • Rules are set out in the Standard Rules document so that an applicant will know exactly what they have to comply with before they make an application • Conditions may include: • Proximity to housing • Nature conservation • Type and quantity of materials accepted • The application process is simpler and less time consuming as a risk assessment (generic for that type of facility) has already been prepared and the application requirements are reduced • Application fees for standard permits are cheaper than for bespoke permits, and are determined more quickly
Exemptions • Lower risk activities can operate under an exemption from environmental permitting which must be registered with the Environment Agency, and operated under the controls set • An exemption from a waste permit can be grated if: • Waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment and in particular without • risk to water, air, soil, plants or animals; or • causing nuisance through noise or odours; or • adversely affecting the countryside or places of special interest
Exemptions • Types of operations that can operate under a permit are: • Composting facilities which are processing waste generated on-site • Storage of waste in a secure place • Sorting of scrap metal • How are new waste operations managed? • New operations normally require an environmental permit • However, ‘low risk solutions’ will be considered by the EA where requiring a permit (no exemption exists) would be disproportionate to the risk posed
Bespoke Permits • Bespoke permit needed if no exemption or standard rules permit is appropriate to your operation • Application must include detail on control of risk • Statutory consultation required & determination can take 13 wks • Charges - permitted sites pay a subsistence fee based on the OPRA (operational risk appraisal) charging scheme, i.e. charges & inspection frequency are risk based • Complexity • Inputs & emissions • Location • Operator management systems & performance • Enables Environment Agency to regulate poor performers and complex operations more rigorously
Enforcement • Environment Agency enforcement policy aims: • “To stop offending – aim to stop an illegal activity from continuing/occurring; • To restore and/or remediate – aim to put right environmental harm or damage. • To bring under regulatory control – aim to bring an illegal activity into compliance with the law. • Punish and/or deter – to punish an offender and/or deter future offending.” Environment Agency
Proceeds of Crime Act • Allows a Court to deprive convicted offenders of assets gained from crime. But can only be used following a guilty verdict • EA can: • Ensure environmental crime does not continue • Investigate finances to establish and find hidden profits • Stop the disposal of assets whilst investigations is underway • Present evidence to court for a confiscation order – i.e. how much the offender has to pay. Failure to pay – prison sentence • Remove profits, even if offender serves a jail sentence • Confiscations in 2011: • Number of on-going financial investigations: 132 • Number of confiscation orders: 26 • Total confiscated: £2.2m • Highest confiscation: £0.9m
Driving up standards…. Taking out the bad guys leaves the good guys ready to invest and develop… All good for economic development and resource security!
Prosecutions Types of illegal waste sites
WRAP • Government funded organisation • Aims to help businesses, individuals and communities reap the benefits of reducing waste, developing sustainable products and using resources in an efficient way • Areas of action: • Preventing food and drink waste • Increasing the resource efficiency of products • Increasing the resource efficiency of construction and refurbishment projects • Improving the collection of materials for recycling and reuse • Helping SMEs to become more resource efficient • Increasing the reuse and recycling of priority products • Recycling organic waste and recovering energy • Market development is key!!
Encouraging waste use as a resource • What is waste? • “All waste derived materials continue to be a waste until the point at which the beneficial properties are realised” • When has waste been fully recovered? • Distinct and marketable • Suitable for use • No greater risk to the environment or human health and than the virgin equivalent • By identifying more and more secondary materials as no longer waste, the industry and the regulator both maximise the value of resources – allowing them to compete with primary materials • This can only be achieved by the regulator, market developer and industry working together!
Quality … • Is about consistently delivering materials to the marketplace that are • effectively separated to meet customer requirements • compliant with national regulations and policies…. • at a cost that is acceptable
Local Authority Quality Supply Chain
Quality is a major problem …. • Increasing concerns about quality from the end markets • Less guarantees from Chinese & Indian reprocessors • Returned loads from Indonesia and Brazil • EA has clamped down on ‘waste’ exports • UK and EU reprocessors continually setting the ‘bar’ higher in terms of quality and consistency • Needs additional investment at MRF • Now looking at evolution of service provision … • Needs everyone to play their role …..
