Waste Strategy & Regulation

yawnknotManagement

Nov 6, 2013 (3 years and 9 months ago)

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Waste Strategy & Regulation

‘a UK perspective’

Dr. Adam Read


Director

Waste Management & Resource Efficiency, AEA


Presentation to the
Waste , Recycling Industry Association (QLD)
inc

26th
October 2012

Brisbane

A world leading

energy and climate

change consultancy

Presentation scope in 30 minutes …

+
Personal welcome

+
The legislative framework

+
Waste strategy development

+
Drivers for change:

-
Fiscal


Landfill tax

-
Regulatory


Permitting and exemption regime

-
Market Development


Quality Protocols

+
In summary


what can we learn?

+
Open Q&A….

2

A personal welcome

+
Dr Adam Read

-
Practice Director @ AEA for Waste Management & Resource Efficiency

-
18 years of operational expertise

-
80 consultants (UK) plus 50 in the US

-
Former Local Authority Recycling Officer (RB Kensington & Chelsea)

-
Working with EA on new technologies and infrastructure delivery

-
Client Manager for WRAP (UK delivery agency)

-
Designed and rolled out innovative new collection schemes (15 years)

-
BUT
I am not a regulator
(this is important


watch this space)

+
Acknowledgements

-
AEA team (my co
-
authors)


Nia

Owen and Maria Vinogradova

-
My clients for allowing me to ‘share’ their experiences (off record)

-
The organisers for the invite (thanks Rick & Georgina!)

3

http://www.aeat.com

4

AEA delivers over £90 million annually of energy, environmental,
resource efficiency, transportation, and climate policy support and
program
implementation services to:

UK Government




US Government





European Commission






International Institutions


…. waste management, carbon management, climate change strategies, transport,
resource management, life cycle assessment, sustainability, energy efficiency,

clean energy, GHG inventories, adaptation, behaviour change ….


Practice Areas:

+
Air and Environmental Quality

+
Chemical Emergency & Risk
Management

+
Energy & Climate Change

+
Enterprise Services

+
Information Management

+
Knowledge Management

+
Sustainable Transport


+
Resource Efficiency and Waste
Management


Our Scope of Services

Expertise:



WRATE
/ Carbon
Modeling


Audits


Procurement Support


Technologies / Cost / Barriers


Policy Development


Stakeholder
Engagement /
Communications


Service Efficiencies


Knowledge Management &
Transfer


Training


….
experience at the interface of government, business, and academia

5

EU Policy

6

EU Waste Framework Directive

+
Dates back to the 1970s

+
Enshrines the waste
hierarchy
within the WFD

+
Transferred to national law by
each member state

-
Enacted through policy / strategy

+
Recent change to prioritise
‘reuse’

+
National Waste Management
Strategy

+
National Waste Minimisation
Strategy

+
Infraction if fail to comply….

7

Prevention

Preparing for
reuse

Recycling

Other
recovery

Dispo
sal

Landfill Directive
-

2000

+
Scaling back of organic material to landfills compared to 1995 …

8

The EU Landfill Directive

+
EU Landfill Directive


address landfill’s environmental impacts

-
BMW reductions required to mitigate fugitive CH4 emissions

-
Pre
-
treatment of landfilled materials

-
Landfill waste acceptance criteria (WACs)

-
Landfill design, operation, completion and closure requirements

+
BMW Landfill targets for the UK

-
75% of 1995 level by 2010

-
50% of 1995 level by 2013

-
35% of 1995 level by 2020

+
Required all stakeholders to work together

-
National legislation & policy

-
Support programmes

-
Engagement & Education

-
Collection and Treatment providers


9

Waste arisings


2010/11

+
Million tonnes per annum

10

Waste Type

Scotland

Wales

Northern
Ireland

England

Municipal

3.14

1.63

0.94

26.3

Household

2.82

1.39

0.83

23.3

C&I*

6.5

3.6

1.3

48.0

C&D*

7.6

12.2

1.7

77.4

The predicted ‘need for change’ …

0
10
20
30
40
50
60
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
Millions tonnes per annum
Non-biodegradable
Municipal Waste
Biodegradable Municipal Waste
Requiring Diversion
Biodegradable Municipal
Waste Allowed to Landfill
11

What does this mean?









+
This now includes C&I wastes….. GAME CHANGER!

-
A major shift in how the UK defines MSW!!!!

12

Implementation of EU Policy & National
waste strategy development

13

UK Government

+
UK is responsible for reporting to EU
on policy progress

+
National Administrations
set policy
and
monitor performance

-
England

-
Scotland

-
Wales

-
Northern Ireland

+
Local Government set strategy,
deliver services and respond to local
‘demands’

-
Funded by UK taxation

-
Funded by local Council Tax

-
Elected ‘members’

14

Implementation … nationally …

+
Waste Strategy for England
2007

-
Waste
Review
2011 (some minor revisions in priorities)

+
Scotland Zero Waste Plan 2010






+
Wales
Towards Zero Waste strategy 2010



+
Northern
Ireland Waste Strategy 2006
(now under
review)


15

“Strategy wars”


political objectives!

16

County

Policy/

Strategy

Year

Recycling

Landfill

Incineration

England

Government
Review
of
Waste Policy in
England)
Waste
Strategy for
England

(2011)

2007

50% by 2020

35% of 1995
levels by 2020
(biodegradable)

Scotland

Zero Waste
Plan

2010

70% by 2025

Maximum 5% by
2025

Wales


Towards Zero
Waste

2010

70% by 2025

Maximum 5% by
2025

Maximum 30%
high efficiency

EfW

by 2025

Northern

Ireland

Towards
Resource
Management

2006

50%
by 2020
(HHW), 60% by
2020 (C&IW)

35% of 1995
levels by 2020
(biodegradable)

Levels of ambition

England

Scotland

Wales

Targets beyond EU Landfill and Waste
Framework Directives







Restrictions on waste managed

through
incineration i.e. not just landfill substitution








Enforced source segregation of food waste







Landfill ban

considerations


/





/


Individual authority targets and guidelines
on collection systems







17

Divergence?

+
Wales and Scotland are
now

clearly leading in
terms of waste strategy

-
Clear centralised leadership

-
High priority issue

-
Ambitious targets beyond
statutory EU limits

+
Wales and Scotland have
fully embraced Zero Waste
as a policy concept

-
Used as a philosophy to drive
change

-
Zero waste to landfill initially

-
One Planet Living (Wales)

-
Carbon mitigation (Scotland)

18

Does it make a difference???

19

0%
20%
40%
60%
80%
100%
120%
Reduction in MSW Landfilled (% 0f
2001/2 levels)

England
Scotland
Wales
+
Look at Scotland catching up after strategy…

+
The proof will come in a couple of years’ time…


And the scores are………………………

Municipal Recycling Rates

1.
48% of household waste was recycled
and composted in
Wales
during the
financial year 2011
-
12, representing a
4% increase on the previous year

2.
Recycling
rate for
English

councils was
42.5
%
between
October 2010 and
September 2011

3.
Scotland

reached a household waste
recycling and composting rate of
40.7%
for
2011



20


21

Fiscal Driver: landfill tax

Landfill tax escalator

22

+
Landfill becomes
unviable as tax
increases

+
Tax is applied
before gate fee

+
Gate fees at landfill
c. £50
-
75/ tonne

+
Gate fees at
EfW

plants will be
c.£70
-
£100 / tonne

+
Landfill stopped
making financial
sense in 2009
-
10

£0
£10
£20
£30
£40
£50
£60
£70
£80
£90
01.10.96
01.04.97
01.04.98
01.04.99
01.04.00
01.04.01
01.04.02
01.04.03
01.04.04
01.04.05
01.04.06
01.04.07
01.04.08
01.04.09
01.04.10
01.04.11
01.04.12
01.04.13
01.04.14
Standard
Inert
Impacts!

23

Solutions….. in England


24


25

UK Regulatory Framework

Waste Regulation

+
Enforcement:

-
Environment Agency in England & Wales*

-
SEPA in Scotland

-
EPA in Northern Ireland


*Wales is to have its own enforcement body from April 2013

+
EU is key driver for legislation:

-
Waste Framework Directive

-
Landfill Directive

-
Producer Responsibility (by material and sector)

+
Each member state is responsible for implementing legislation

-
significant differences in approach across the EU (voluntary vs. mandatory)

+
Within the UK
each Country is also developing its own approach

26

Increasing focus on C&I wastes …

27

Private sector will invest!

+
Recognition that change wouldn’t happen without
interference

+
Scotland have introduced the Waste (Scotland) Regulations 2012

+
Requirements:

-
S
eparate
collection of metal, plastic, glass, paper and card from
1
st

January
2014

from
all

HHs and businesses

-
F
ood
businesses (except in rural areas) which produce
>
50 kg of food
waste per week to present that food waste for separate collection from
1
st

January
2014

-
F
ood
businesses (except in rural areas) which produce
>
5 kg of food waste
per week to present that food waste for separate collection from
1
st

January 2016

+
Regulations also ban
the use of non
-
domestic food waste
disposal units,
i.e. macerators

-
avoid
food waste being diverted
to
the
sewers!


28

Statutory (mandatory) Targets for MSW

+
Wales have introduced statutory recycling targets for MSW
under the Waste (Wales) Measure 2010:

-
2012
-
13:

52% …… 2015
-
16:

58%

-
2019
-
20:

64% ….. 2024
-
25:

70%

+
Waste must
have undergone a relevant recovery operation so
that it has been reprocessed into a product, material or
substance, whether for its original or other
purpose

to be
counted in these targets

-
e.g. Compost must meet the requirements of Compost QP

+
Markets are critical to achieving recycling rates

+
Government are part funding quality collection systems

-
Influence what is happening without mandating solution

+
Failure to comply with statutory targets = financial penalties ££


29


30

Regulatory Driver


Permitting &
Exemption System

Environment Agency

+
Regulator for England and Wales

-
risk based approach to regulation

+
Executive non
-
departmental Public Body

+
Permits and licenses

+
Pollution control

+
Research activities

+
Data collection

+
Staff: 11,500

+
Budget: £1.1 billion

-
£750 million


from Central Government

-
£350 million


charged income




31

Environmental Permitting Regime

+
Any waste operation will normally require an authorisation:





+
Environmental permits issued by the Environment Agency

+
The waste operation must operate within the controls laid out in
the environmental permit

+
Types of operation requiring a permit are:

-
Waste transfer stations

-
Materials recovery facilities

-
Incinerators

32

Bespoke
Permit

Standard
Permit

Exemption

Risk

Risk based regulation

+
The theory behind the Environment Agency approach

-
aim to reduce red tape and help businesses

+
Regulate poor performers and complex operations more
rigorously!

+
Proportionate regulation and enforcement

+
Environment Agency offers a range of permits

-
Standard permits for low risk operations

-
Exemptions (no license, but on the radar)

-
Bespoke permits for complex / large operations

+
Operator Risk Appraisal:
Opra

-
Charges and inspections are risk
-
based!

+
There is no operating outside the system

33

Closing down the ‘worst’ offenders


34

Closure of most of the 8,000 licensed facilities

Standard permit

+
Rules
are set out in the Standard Rules document so that
an
applicant will
know exactly what
they
have to comply with
before
they
make an
application

+
Conditions may include:

-
Proximity to housing

-
Nature conservation

-
Type and quantity of materials accepted

+
The
application process is simpler and less time consuming as a
risk assessment
(generic for that type of facility) has
already
been prepared and the application requirements are
reduced

+
Application
fees for standard permits are cheaper than for
bespoke
permits, and are
determined more
quickly

35

Exemptions

+
Lower risk activities can operate under an exemption from
environmental permitting which must be registered with the
Environment Agency, and operated under the controls set


+
An
exemption from a waste permit can be grated if:

-
Waste
is recovered or disposed of without endangering
human health and without using processes or methods which
could harm the environment and in particular
without


risk
to water, air, soil, plants or animals; or


causing
nuisance through noise or odours; or


adversely
affecting the countryside or places of special
interest

36

Exemptions

+
Types of operations that can operate under a permit are:

-
Composting facilities which are processing waste generated
on
-
site

-
Storage of waste in a secure place

-
Sorting of scrap metal


+
How
are new waste operations managed?

-
New operations normally require an environmental permit

-
However, ‘low risk solutions’ will be considered by the EA
where requiring a permit (no exemption exists) would be
disproportionate to the risk posed




37

Bespoke Permits

+
Bespoke permit needed if no exemption or standard rules permit
is appropriate to your operation

+
Application must include detail on control of risk

+
Statutory consultation required & determination can take 13
wks

+
Charges
-

permitted sites pay a subsistence fee based on the
OPRA (operational risk appraisal) charging scheme, i.e. charges &
inspection frequency are risk based

-
Complexity

-
Inputs
&
emissions

-
Location

-
Operator
management systems & performance

+
Enables Environment Agency to regulate
poor performers and
complex operations more rigorously


38

Enforcement

+
Environment
Agency enforcement policy aims:

-
“To stop offending



aim to stop an illegal activity from
continuing/occurring;

-
To restore and/or remediate



aim to put right environmental
harm or damage.

-
To bring under regulatory control



aim to bring an illegal
activity into compliance with the law.

-
Punish and/or deter



to punish an offender and/or deter
future offending.”

Environment
Agency

39

Proceeds of Crime Act

+
A
llows
a
Court
to deprive convicted offenders of
assets
gained
from crime.
But can
only
be used following a guilty verdict

+
EA can:

-
Ensure
environmental crime does not
continue

-
Investigate finances to establish and find hidden profits

-
Stop the disposal of assets whilst investigations is underway

-
Present evidence to court for a confiscation order


i.e. how much the
offender has to pay. Failure to pay


prison sentence

-
Remove profits, even if offender serves a jail sentence

+
Confiscations in 2011:

-
Number of on
-
going financial investigations:

132

-
Number of confiscation orders:




26

-
Total confiscated:







£2.2m

-
Highest confiscation:






£0.9m


40

Driving up standards….

41

Taking out the bad
guys leaves the
good
guys ready to
invest and
develop…


All
good
for
economic
development and
resource security!

Prosecutions

42

Prosecutions

43

Types of illegal waste sites


44

Market Development

WRAP

+
Government funded organisation

+
Aims to help
businesses, individuals and communities reap the
benefits of reducing waste, developing sustainable products and
using resources in an efficient
way

+
Areas of action:

-
Preventing food and drink waste

-
Increasing the resource efficiency of products

-
Increasing the resource efficiency of construction and refurbishment
projects

-
Improving the collection of materials for recycling and
reuse

-
Helping SMEs to become more resource efficient

-
Increasing the reuse and recycling of priority products

-
Recycling organic waste and recovering energy

+
Market development is key!!


45

Encouraging waste use as a resource

+
What is waste?

-
“All waste derived materials continue to be a waste until the point at
which the beneficial properties are
realised”

+
When
has waste been fully recovered?

-
Distinct and marketable

-
Suitable for use

-
No greater risk to the environment or human health and than the virgin
equivalent

+
By
identifying more and more secondary materials as no longer
waste, the industry and the regulator both maximise the value of
resources


allowing them to
compete with primary
materials

+
This can only be achieved by the regulator, market developer
and industry working together!



46

Quality …

+
Is about consistently delivering materials to the marketplace that
are

-
effectively separated to meet customer requirements

-
compliant with national regulations and policies….

-
at a cost that is acceptable



47

Quality Supply Chain

48

Householder

Collection
Crew

MRF

Reprocessor

Local
Authority

Quality is a major problem ….

+
Increasing concerns about quality from the end markets

+
Less guarantees from Chinese & Indian reprocessors

+
Returned loads from Indonesia and Brazil

+
EA has clamped down on ‘waste’ exports

+
UK and EU reprocessors continually setting the ‘bar’ higher in
terms of quality and consistency

+
Needs additional investment at MRF

+
Now looking at evolution of service provision …

+
Needs everyone to play their role …..


49

Pushing up quality ….

50

End of Waste



Evidence based ….

+
How can end of waste be demonstrated?

-
Meeting
a Quality Protocol

-
Through an end of waste
submission to the Environment Agency’s End of
Waste Panel

-
Compliance with EU
‘end
of
waste’
Regulations

+
End of waste submission (site specific approach)

-
Organisations can submit evidence to the EA to demonstrate that the
product they manufacture has ceased to be waste

+
EU have started to develop end of waste regulations which
define criteria for materials to achieve end of waste across all
member states

-
Composts,
digestates
, RDF (fuels) etc.



51

End of Waste definition

+
Operational: End
of waste
from scrap
regulations

+
In
the pipeline: paper, glass,
plastics (
recyclate
)

+
In
progress: biodegradable
waste subject to biological treatment

+
Test:

-
“the
waste has been converted into a distinct and marketable
product”

-
“the
processed substance can be used in exactly the same way as a
non
-
waste”,
and

-
“the
processed substance can be stored and used with no worse
environmental effects when compared to the raw material it is intended to
replace”



52

UK Quality Protocols

53

Quality

Protocol

Waste ceases to be
waste


QUALITY

PRODUCT


WASTE

+
Framework which allows user to demonstrate that the
product(s) has ceased to be waste

Quality Protocols

+
Sets out the
criteria which, if met, mean the product is no longer
a waste …


+
QP
compliant material is free of any further waste permitting


-
Aggregates
from inert waste

-
Compost

-
Anaerobic
digestate

-
Biodiesel

-
Processed fuel oil


+
Working well in the UK… stimulating new markets for materials
…. Drawing through more feedstock!

54

Compost Quality Protocol

55

Horticulture
(including domestic
applications)

Soil
-
grown
horticulture

Land restoration &
soft landscaping
operations

Quality

Protocol

Source
-
segregated

Bio
waste

Compost
Product

End Markets

Waste ceases to
be waste


+
Process
itself still requires
permit /
exemption regardless of
whether the site is complying with the
Compost QP

+
Material that doesn’t comply is a waste and so a permit or
exemption is needed for its use, and it must be moved in
accordance with Duty of Care requirements

Aggregates Quality Protocol

56

+
Impact (year 1):

-
Landfill diversion




21m tonnes

-
Landfill disposal savings



£158m

-
Virgin raw material saved


41m tonnes

-
Increased sales




£324m

-
Cost savings to business


£155m

-
Carbon savings




105,000 tonnes/ £5.5m

Quality

Protocol

Inert C&D
waste

Recycled
aggregate

Waste ceases to be
waste


European Pathway to Zero Waste
(EP0W)

+
Collaboration: WRAP
and EA, funded by EU (Life+)

+
8 Work Streams at all levels of the hierarchy


e.g. waste
exchange for reuse and infrastructure delivery

+
AEA project: identifying barriers to infrastructure for business
waste

-
Industry engagement
workshops (300 specialists involved)

-
Bringing together a range of
stakeholders


large operators, small
operators, industry organisations, advisors, funders

-
Promoting partnership working

+
Critical piece of work @ present….

-
Identify solutions and potential ‘
implementors


-
Report
reviewed by
Defra

to inform its infrastructure position

-
Good
platform for operators to be heard and demonstrate their
facilities

57

58

In summary

Changing UK landscape

+
UK progresses has been driven by

-
EU Landfill Directive

-
Clear Strategy & policy

-
Sensible Regulation

-
Market Development

-
Infrastructure support

-
Increasing energy prices

-
Public demand

-
Reducing red tape

+
This has taken time….

+
All parties have to work together

+
We have had to learn some lessons
and make some mistakes!

59

Regulator

Industry

WRAP
-

Market
Development

Govt

You must develop effective delivery tools

+
EU Landfill Directive

+
Landfill Tax

+
Landfill Bans (Scotland)

+
Mandatory Recycling Targets (Scotland & Wales)

+
Voluntary Agreements e.g. hospitality sector food waste
prevention

+
Incentives

-
Renewable Obligation Certificates (ROCs)

-
Renewable Heat Incentive (RHI)

-
Feed In Tariffs (FITs)

+
Business Engagement, Education & Support…

-
WRAP and ZWS BRE programmes ….

-
Supporting logistics of collection &
reproceesing

60

Joining up the dots ….

+
Landfill Directive could not deliver change in isolation…

+
Needed landfill tax to ‘wake things up’ @ all levels

-
LAs wanted to change & Businesses were feeling the pinch

+
Needed technology development to treat new food waste
streams

-
New Technology Demonstrator programme

-
UK AD policy statement

+
Needed new markets for the products of composting / AD

-
WRAP market development work

-
R&D, and the Quality
P
rotocols projects

-
RHI / ROCs for energy production from biogenic materials

+
Needs enforcement & regulation

-
Targeting bad sites, driving up the baseline



61

Next steps in the UK ….

+
More focused strategy and specific policy issues

-
Landfill bans on organics in Scotland

-
Mandatory collections (target materials)

+
More focused support

-
Green Investment Bank

-
Business engagement workshops

-
Waste business support programmes (diversification)

+
More market development

-
Closed loop policies

-
Green purchasing & Recycled content

-
Quality protocols

+
More appropriate regulation

-
Driving up quality

-
Focusing on performance

62

Building blocks …. Sustainable WM!!!!!

What is the pathway
for Queensland to consider
?


+
Good strategy & leadership

+
Regulatory framework in tune with the policy agenda

+
Appropriate enforcement / compliance

+
Market development

+
Quality improvement


codes & protocols

+
Education & Empowerment of all stakeholders

+
Funding to ‘kick start’ initiatives

63

1 message …..

+
Avoid on
-
going policy uncertainty ….


+
How can BUSINESS make fundamental
investment decisions?

64

65

The last slide … Questions ?


Dr Adam Read

Global Practice Director

Waste Management & Resource Efficiency

07968 707 239

adam.read@aeat.co.uk

www.aea.co.uk