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Waste Incineration Directive Implementation and Enforcement
Position of Scottish Government and SEPA

Scottish Government recognises that implementing WID can be challenging for
both regulators and industry.

It is accepted that compliance with WID may, in some cases, result in new
burdens on businesses.

Scottish Government’s position is clear - it does not wish to impose
disproportionate regulatory burdens on businesses and will continue to work
closely with SEPA and the UK Government to ensure that WID is applied fairly
and consistently.

Aware that tallow burning has created particular difficulties for some operators.
Scottish Government will continue to strongly support the UK Government’s
representations to the European Commission to have tallow burning removed
from the scope of WID.

Recent changes in European legislation have allowed SEPA to consider an
end-of-waste test for tallow and other materials. There may therefore be scope
to remove some activities from WID control in the future.
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
SEPA has a statutory duty to implement WID. Equally, Scottish Government
cannot sanction any regulatory approach that would result in a Directive being
only partially implemented or delayed – that would result in inconsistent
regulation and would be unlawful.

Existing legislative constraints mean there may be little scope to reduce
regulatory controls at present. Scottish Government will continue to work in
partnership with other UK administrations and SEPA to support any proposal to
amend European legislation to remove disproportionate regulatory burdens on
industry.

SEPA will continue to employ a pragmatic and proportionate regulatory strategy
and ensure that any enforcement action is risk-based and consistent. For
example, this will include the use of the limited flexibilities provided in the
Directive.

SEPA will continue to work closely with businesses to advise on the best
means of complying with legislation.

SEPA’s approach to implementing WID is consistent with the Environment
Agency’s approach. For example, conditions in both SEPA and EA permits
apply WID in full.

Possible differences might arise in relation to the regulators’ interpretation of
waste in individual cases, and therefore whether an activity falls within the
scope of WID. However, this relates to the definition of waste, not to WID itself.

It is also possible that there may be different approaches being taken in
England and Wales in relation to rendering plants and the burning of tallow.
These activities are regulated by local authorities, not the EA.
Background
The Waste Incineration Directive (WID) - Directive 2000/76/EC - was published on
28 December 2000. It applied to new plants from 28 December 2002 and existing
plants from 28 December 2005. It was transposed into Scottish Legislation
through the Waste Incineration (Scotland) Regulations 2003 (S.S.I. 2003/170) and,
in practice, through the Pollution Prevention and Control regime. SEPA was also
directed by Scottish Ministers (The Pollution Prevention and Control (Waste
Incineration Directive) (Scotland) Directions 2003) to ensure that permits included
such conditions as it considered necessary to give effect to the provisions of WID.
WID contains a number of exclusions from its provisions, namely the incineration
of specific wastes such as vegetable waste from agriculture and forestry, similar
waste from the food processing industry if the heat generated is recovered, wood
waste with the exception of that which may contain specific coatings and
preservatives (such as that from the construction and demolition sector), animal
carcasses, waste from offshore oil and gas exploitation incinerated on the
installation, and fibrous vegetable waste from the production of paper and pulp, if it
is co-incinerated at the place of production and provided the heat generated is
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recovered. In addition, WID makes provision for some specific conditions such as
operating temperatures to be set by national competent authorities such as SEPA
as part of the permitting process, subject to other Directive requirements being
met.
Scottish Government recognises that WID introduces important new provisions to
control emissions from incineration and co-incineration plants in order to protect
human health and the environment. It is accepted that implementing WID in a
proportionate manner can be challenging for both regulators and regulated
organisations. WID compliance in some cases may result in new burdens on
businesses that may be difficult to justify in terms of environmental benefit or
protecting human health. In view of the concerns expressed by industry, Scottish
Government has worked closely with SEPA and the UK Government to ensure that
the Directive is applied fairly and consistently.
A particular problem has arisen in relation to the burning of tallow. Scottish
Government has strongly supported the UK’s representations to the European
Commission requesting an early amendment to WID to remove plants burning only
tallow from the scope of the Directive. Scottish Government and SEPA believe
that the controls introduced by the Integrated Pollution Prevention and Control
Directive alone, based on the application of Best Available Techniques, are
sufficient to provide a high level of protection for the environment and human
health from the burning of tallow. However, the Commission advised all Member
States in April 2007 that it saw no justification for amending WID in relation to the
burning of tallow and that all plants burning waste tallow must be brought into WIDcompliance as soon as possible.
Scottish Government and SEPA have
recognised, however, that because of changes, or proposed changes, to the
Waste Framework Directive and Animal By-Products Regulation (ABPR), there
may be scope for SEPA to revisit its end-of-waste test and, for example, the way it
might deal with tallow burning. SEPA is working closely with other UK regulators
to consider whether there is scope to remove tallow burning from WID control
during the period before the ABPR changes come into force.
Scottish Government is clear that it does not wish to impose disproportionate
regulation on businesses and that it makes no sense to impose regulatory burdens
on businesses without a corresponding demonstrable benefit to the environment or
human health. While SEPA is legally obliged to continue to implement WIDcompliance, it is important it does so in a consistent way and takes a proportionate
approach to enforcement. However, SEPA cannot elect to implement selective
parts of a Directive for a particular plant, particularly where the Commission has
provided an unambiguous steer on how a Directive is to be implemented, as is the
case with WID and tallow.
Scottish Government will continue to work closely with SEPA and UK Government
to support any proposal to amend European legislation to remove disproportionate
regulatory burden on industry, and will continue to support vigorously UK
Government’s approaches to the Commission in relation to WID and tallow. While
the implementation of WID has not been “gold-plated”, SG cannot sanction any
regulatory approaches that would result in a Directive being partially implemented
or inappropriately delayed. That would result in inconsistent regulation and would
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be likely to be contrary to the requirements of the Scotland Act. While legislative
constraints might mean there is little scope to reduce regulatory controls in some
instances, Scottish Government will continue to work in partnership with other UK
administrations and regulators to deliver effective, fair and consistent regulation.
It is for SEPA to take appropriate enforcement action if non-compliance with
environmental legislation is detected. As part of its Better Regulation agenda,
SEPA has assured the Scottish Government that it will continue to employ a
pragmatic and proportionate permitting strategy and that any enforcement action
will be risk-based and consistent with the principles contained within its published
enforcement policy. SEPA will continue to work closely with businesses to advise
on the best means of complying with legislation and will make full use of the limited
flexibilities available under WID.
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