1. Alternatives in waste legislation for using oil shale ash Osamat International Conference 2016 Pille Aarma Ministry of the Environment of Estonia

2. Legislation and definition of waste European Parliament and the Council Directive 2008/98/EU on waste transposed with Waste Act (entered into force 10.11.2011) Waste - any movable property or registered ship which the holder discards, intends or is required to discard. Discarding - removal from use of movable property, refusal to commence use of movable property or holding of movable property without using it if the use thereof is impossible for technical reasons or unreasonable due to economic or environmental circumstances. Hazardous waste - waste which due to at least one of the hazardous properties specified in the Annex to Commission Regulation (EU) No 1357/2014 may cause a hazard to human health, property or the environment.

3. Oil shale ash – hazardous waste or not? Now Commission Regulation (EU) No 1357/2014 linked to Waste Act HP 8 Corrosive: waste which on application can cause skin corrosion. HP 13 Sensitising: waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs. HP 14 Ecotoxic: waste which presents or may present immediate or delayed risks for one or more sectors of the environment. The oil shale ash from the boilers of the power plants is not toxic. When oil shale ash comes into contact with excess water the solution becomes very alkaline - pH value 13-14.

4. Waste regime All materials or products, which become (hazardous) waste, remain legally (hazardous) waste until ‘released’ from the Waste regime. Requirements in Wacte Act and in corresponding regulations (transposed from the Waste Directive 2008/98/EU and other EU acts) Person, who receives (hazardous) waste, shall:  (hold a consignment note for hazardous waste)  (hold a hazardous waste management licence)  hold a waste permit  submit an annual waste report _____________________________________________ Obstacles → administrative burden, related costs, image of waste etc

5. Waste operations Waste can be disposed or recovered. Recovery operations:  preparing for re-use → product (if meets the corresponding conditions)  recycling → product (if meets the corresponding conditions)  other forms of recovery (energy recovery, back-filling) → no products Preparing of waste for re-use - checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing. Recycling - waste materials are reprocessed into products, materials or substances whether for the original or other purposes. This does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.

6. Waste to product

7. End-of-Waste criteria Waste cease to be waste when it has undergone a recovery, including recycling, operation and complies with criteria established in accordance with the following conditions: 1) the substance or object is commonly used for specific purposes; 2) a market or demand exists for such a substance or object; 3) the substance or object fulfils the technical requirements for the specific purposes and meets the legislation and product standards; 4) the use of the substance or object will not lead to adverse environmental or human health impacts. EU criteria are established for metals (333/2011/EU; 715/2013/EU) and on glass (1179/2012/EU) Estonian national criteria are established for:  Compost produced from biodegradable waste  Biogas digestate generated from biodegradable waste  Production of a fuel additive from oil shale mining waste and tailings

8. Thank You! Questions?