Legislation Update : SWWMG March 2015

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

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 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.

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. Qualification DateCompliance Period Compliance Date Phase: 131 st December December December December 2015 Phase: 231 st December December December December 2019 Phase: 331 st December December December December 2023

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.

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

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.

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

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

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.

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.

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)

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.

Thank You Tessa Bowering Senior Environment officer Direct dial: