SWWMG: MARCH 2013LEGISLATION UPDATE

UPDATES

Industrial Emissions Directive

Waste Carrier/Brokers and Dealers (reminder)

The Packaging Regulations: 2012 amendment

Industrial Emissions Directive

The Environmental Permitting (England and Wales) (Amendment) Regulations 2013 came into force on 27th February 2013. These Regulations transpose the requirements of the IED

Industrial Emissions Directive

This will replace 7 existing Directives (IPPC, Large Combustion Plant, Waste Incineration, Titanium Dioxide (3 directives) and Solvent Emissions)

This will be implemented through the revised EPR

IED will have new requirements on the installations the EA permit and will lead to a number of new EPR installations

What has changed?

Any new installation seeking a permit will need to comply with IED

All existing installations will be the subject of IED from 7 January 2014

Extends the range of regulated activities requiring some facilities currently regulated as exempt or as waste activities to apply as installations

Regulatory responsibility for some installations will be transferred to local authorities.

What has changed?A number of activities are newly brought into installation permitting.

For all existing waste operations that will be subject to IED this permitting will need to be done by 7 July 2015.

The newly covered activities are:

- an amended list of hazardous waste recovery activities so that solvent reclamation/regeneration, biological treatment and physical-chemical treatment are now specifically included

- regulate the disposal of non-hazardous waste with a capacity exceeding 50t/day

- Activities involving recover, a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75t/day. Where the only waste treatment activity is AD the capacity threshold for this activity shall be 100t/day

- temporary storage of hazardous waste with a total capacity exceeding 50t – excluding temporary storage, pending collection, on the site where the waste is generated.

Waste Carriers, Brokers and DealersRegistration is a legal requirement and it is an offence not to register when required.

Registration also helps the EA clamp down on fly-tipping by illegal operators who harm human health and the environment whilst undercutting legitimate business.

Who needs to register?

Recent changes to regulations mean that anyone who transports waste whilst going about their normal business activities will need to be registered as a waste carrier by January 2014.

Many businesses should be registered now.

Who needs to register?

If you arrange for waste from other businesses or organisations to be transported, disposed of or recovered, you need to register as a waste broker now

If you buy and sell waste, or use an agent to do so, you need to register as a waste dealer now.

REGISTRATION OF WASTE CARRIERS, DEALERS AND BROKERS

Do you need to register? – you do not need to register if you fall into one of the categories below:

You are a householder carrying waste produced at home and not as a result of any business activity

You only carry waste between different places within the same premises

You only carry waste by air or sea from a place in GB to any place outside GB

You only carry waste from a country outside GB to the first point of arrival

You carry waste from a specified marine operation that either requires a marine licence or can be carried out under a marine exemption

You do not carry waste as part of your business activities.

Which tier?

There are 2 levels of registration – upper tier and lower tier. They are based on organisation type or waste type and not on quantities of waste. You may still be required to register in the upper tier even if you only transport or deal in very small amounts of waste.

Lower tier registration - who does this apply to?

A charity/voluntary organisation

A waste collection authority

A waste disposal authority

Only deals in animal by-products, waste from a mine or quarry, waste from agricultural premises

If you are a lower tier organisation but do not ‘normally and regularly’ carry waste you do not need to register

A lower tier registration is indefinite unless the EA revoke it or it is withdrawn

It is free of charge

Upper Tier Registration – who does it apply to?

If none of the lower tier criteria applies you need to register in the upper tier.

The cost is £154 (VAT exempt)

An upper tier registration lasts 3 years unless the EA revoke it or it is cancelled.

Renewal for a further 3 years costs £105 (VAT exempt)

PACKAGING REGULATIONS

The Producer Responsibility Obligations (Packaging Waste) Regulations

1997- plus five amendments. 2005 – a complete rewrite. 2007 - complete rewrite plus three amendments• Latest amendment in force on 11/12/2012 – new

targets and the periodic review by the Secretary of State as to the efficiency of the regulatory regime.

Packaging (Essential Requirements) Regulations 2003

Amended 2004, 2006 and 2009

Recovery target2013 = 75% 2014 = 76% 2015 = 77%2016 = 78% 2017 = 79%

At least 92% of recovery target from recycling.

Targets

Recycling targets % Material 2013 2014 2015 2016 2017 Paper/Board 69.5 69.5 69.5 69.5 69.5 Glass 81 81 81 81 81 Aluminium 43 46 49 52 55 Steel 72 73 74 75 76 Plastic 37 42 47 52 57 Wood 22 22 22 22 22

Recycling of Glass

From 2013 onwards there is a specific recycling target that relates to the remelt of glass

For 2013 – 2015 it is 63% and for 2016 and 2017 it is 64%

Further details:

http://www.environment-agency.gov.uk/business/topics/waste/141552.aspx (Packaging)

http://www.environment-agency.gov.uk/business/sectors/wastecarriers.aspx (Waste Carriers/Brokers and Dealers)

http://www.environment-agency.gov.uk/business/145770.aspx (IED)

Thank YouTessa Bowering

Senior Environment officerDirect dial: 01258 483416

Tessa.bowering@environment-agency.gov.uk