SWWMG: June 2012
LEGISLATION
UPDATE:
End of Waste
regulations, landfill
tax, waste exemptions
and the government
Red tape Challenge
End of Waste: determined using one of
3 methods
- compliance with end of waste regulations
- Meeting a Quality protocol
- through an end of waste submission
End of Waste Regulations for scrap
metals
EC published its Regulations on End of Waste
for scrap Iron, steel and aluminium on 8th April
2011.
th
Came into direct effect on 9 October 2011
It defines the point at which iron, steel and
aluminium scrap metal can cease to be waste
When does scrap iron, steel and
aluminium cease to be waste?
When they have undergone treatment and
meet the requirements laid down in the
regulations which include:
The producer of the output must issue a statement of
conformity for each consignment of material which has met the
relevant criteria.
The producer must implement a QMS which complies with the
regulations.
The QMS must be verified every 3 years by an independent
outside body that has been accredited by UKAS.
Impacts on metal waste packaging
Accredited reprocessors/exporters who are
able to issue PRNs/PERNs can only do so on
material they receive which is still waste
Material which has ceased to be waste in line
with the End of Waste Regulations will not be
eligible to have PRNs/PERNs raised against it.
Further Information
The full text of the regulations and
advice/information can be found at
http://www.environmentagency.gov.uk/business/regulation/129311.aspx
Quality protocols
The programme is not developing any further protocols
but will review published ones and continue to work on
those already started.
Where possible, we produce a quality protocol for each
waste material, which clearly explains what has to be
done to produce a fully-recovered, non-waste, quality
product.
The project is a partnership between us, WRAP,
Northern Ireland Environment Agency and
Welsh Government
End of Waste Submissions
Do you process waste to produce a product?
Does it meet the end of waste test?
Complete an end of waste submission for EA
consideration
We will assess whether the waste has been converted
into a distinct and marketable product, can be used in
exactly the same way as non-waste and can be stored
and used with no worse environmental effects when
compared to the raw material it is intended to replace.
Landfill Tax Changes
On 18th May 2012 HMRC announced an increase in
landfill tax rates for certain wastes from the lower rate of
£2.50/tonne to the full rate of £64/tonne.
Sparked waves through the industry
HMRC issued further guidance on 1st June 2012.
Landfill tax
HMRC clarified that materials that fall outside those
listed within the Landfill Tax (Qualifying Material) 2011
Order or fail to meet the necessary conditions (for
example, they contain contaminants) would continue to
be liable for the standard rate of Landfill Tax if disposed
of to landfill.
HMRC confirmed that inspection of loads is the
responsibility of the landfill operator and where they do
not hold appropriate evidence to support the lower rate
of Landfill Tax assessments will be made to bring the
under-declared tax into charge.
Waste Exemptions
A waste exemption is a very specific type of low risk
waste handling operation that does not require a permit.
Most exemptions need to be registered, usually by the
EA.
On the 6 April 2010 new regulations came into force
that completely changed the waste exemption system.
Waste exemptions registered under the old system are
transferring across to the new system over a period of
between 18 months to three-and-a-half years
Waste Exemption Categories
Use (16)
Treatment (33)
Disposal (8)
Storage (3) – there are also 3 non waste
framework directive exemptions which do not
require registration
April 2012 transitions
Para 13 exemption (construction and soil materials): move to
T5 (screening and blending of waste) and/or T6 (treatment of
waste wood and waste plant matter by chipping, shredding,
cutting or pulverising) by 6 April 2012.
Para 21 exemption (preparatory treatment of waste plant
matter) move to T6 by 6 April 2012
Para 12 exemption (storage and composting of biodegradable
waste) move to a permit from 30 April 2012 or T23 (Aerobic
composting and associated prior treatment)
Transfer to the new system
As of 1 October 2012 a further 22 old exemptions will need to move
over to the new system or will require a permit.
These include para 20 (recovery of textiles) which will move to a T2,
para 15 (use of waste) which will move to U8 (use of waste for a
specified purpose) and para 40 (repair or refurbishment of WEEE)
which will move to a T11 (chargeable)
Red Tape Challenge
The government launched the Red Tape
Challenge in April 2011 to look at how we can
reduce the overall burden of regulation
It will close in April 2013
6 cross cutting themes including environment
73% of Environment regulations will be scrapped
or improved – a simpler and smarter approach will
save business at least £1billion over 5 years,
whilst maintaining important protections
Environmental Theme proposals
Spotlight period in September 2011.
Of 255 regulations, 132 will be improved, 70 will be kept as they are
and 53 obsolete regulations will be removed.
Proposals subject to further public and stakeholder consultation.
Waste transfer notes: review of system to allow businesses to use other
forms of evidence such as invoices etc.
Hazardous waste: simplify the process
Waste Carriers, Brokers and Dealers: registration requirements
Producer Responsibility Obligations: exempt more businesses from the
battery producer responsibility regulations
Site Waste Management Plans: proposal to remove the regulations
Further details:
http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/
Thank You
Tessa Bowering
Senior Environment officer
Direct dial: 01258 483416
Tessa.bowering@environment-agency.gov.uk