Legislation Update : SWWMG March 2015

1. Legislation Update : SWWMG March 2015

2. HAZARDOUS WASTE REGULATIONS • Changes 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

3. 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.

4. 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.

5. ESOS Assessment • To 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.

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

7. 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/#/

8. 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

9. 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

10. 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.

11. 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.

12. 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)

13. 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.

14. Thank You Tessa Bowering Senior Environment officer Direct dial: 01258 483416 Tessa.bowering@environment-agency.gov.uk