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88 Evaluation of Opportunities for Converting Indigenous UK Wastes to Wastes and Energy AEA/ED45551/Issue 1 6 Waste Management Legislation and Incentives Legislation and incentives are the most important drivers controlling waste management policy. Waste Framework Directives from the European Commission determine the broad direction of policy and further directives and UK legislation determine the detail of its execution. The Renewables Obligation, Renewable Transport Fuels Obligation and future heat incentives will shape the industry and encourage the generation of heat both directly and by separation and manufacture of biomass fuel products. The main areas of legislation that national and regional waste strategies need to consider are the Waste Framework Directive, Environmental Permitting and the Landfill Directive. Waste Framework Directive Entered into force December 2008 The European Commission published a revised Waste Framework Directive (2008/98/EC) in November 2008, and the UK has 2 years to transpose this into law. This Directive sets a revised framework for waste management in the EU, and aims to encourage re-use and recycling of waste as well as simplifying current legislation. The main points of the Directive are: • A five-step hierarchy of waste management options, with waste prevention as the preferred option, and then reuse, recycling, recovery (including energy recovery) and safe disposal, in descending order. The Directive classifies "energy efficient" incineration as recovery in an attempt to reduce consumption of fossil fuels. • Measures to encourage prevention of waste. Member States must design and implement waste prevention programmes, and the Commission is set to report periodically on progress concerning waste prevention. • Requirements for a 50% target for household recycling and reuse and 70% target for nonhazardous construction and demolition waste, both of which must be reached by the UK by 2020. Some departure from this hierarchy is permissible to deliver the best overall environmental outcome as justified by life cycle thinking. The Directive also deals with the issue of 'end of waste', clarifies the idea of recovery, disposal and byproduct, defines the conditions for mixing hazardous waste, introduces an "environmental objective" and moves towards establishing technical minimum standards for certain waste management operations. The current EC Waste Framework Directive (75/442/EEC) requires the disposal, recovery, treatment, transport and collection of ‘controlled waste’ streams such as MSW, Hazardous Wastes, C&I and Inert wastes. Landfill Directive Entered into force July 2001 The European Commission Landfill Directive of 1999 (1999/31/EC) was passed into English and Welsh law in 2002, and Scottish law in 2003. This aims to prevent, or minimise, the negative effects on both the environment and human health caused by landfilling of wastes.
Evaluation of Opportunities for Converting Indigenous UK Wastes to Wastes and Energy AEA/ED45551/Issue 1 One highly relevant aspect of this Directive to the production of fuels and energy is the requirement that the amount of biodegradable MSW sent to landfill in the UK to be reduced: • to 75% of 1995 levels by 2010, • to 50% of 1995 levels by 2013, and • to 35% of 1995 levels by 2020. Environmental Permitting Regulations (EPR) 147 Entered into force April 2008 Environmental permitting combines Pollution Prevention and Control (PPC) 148 and waste management licensing into a single system for England and Wales. Many facilities for waste or residue heat, power or fuel production will need to be licensed under these regulations, although there are lower size limits below which no license is required. For further information on whether or not a facility comes under EPR the operator should consult the Environment Agency which licenses most EPR sites. EPR covers a very wide range of industrial activities, but the main activities covered by these regulations, and of relevance regarding the use of waste or residual biomass as a fuel, are: • Burning of any fuel or waste (in any type of plant) • Gasification and pyrolysis of any fuel or waste The requirement to apply for and hold a relevant permit applies whether the material is processed in a dedicated facility, intermittently or as an admixture. Permits are issued for the plant as operated in the permit application. Variations in operation require a variation in the permit, so that changes in the fuel used in biomass plants will require a variation in the permit. The Waste Incineration Directive (WID) Entered into force December 2002 For waste combustion this licensing will also include consideration of the Waste Incineration Directive (WID). This Directive sets out stringent emissions limits from waste combustion. The WID applies to incineration and co-incineration plants. Co-incineration plants include those plants where waste is used as a fuel or where it is disposed of at a plant where energy generation or production is the main purpose. 149 A plant will only be an incineration plant or a co-incineration plant if it burns waste as defined in the Waste Framework Directive (WFD). This definition is extremely broad and there are, in effect, very few circumstances where by-products, co-products or residues are not classified as wastes. 150 Agricultural and forestry residues are not defined as wastes and as such the WID will not apply to their combustion. However, there are many wastes that contain biomass whose treatment is not so clear cut. In particular the treatment of the combustion of waste wood for the purposes of WID is complicated. Current Environment Agency guidance 151 is that all waste wood is a waste, but the combustion of certain types of untreated waste wood (i.e. waste wood that has not been treated with preservatives or coatings) is exempt from WID. However, the combustion of wood waste that contains halogenated hydrocarbons 147 The EPR are available from: http://www.opsi.gov.uk/si/si2007/uksi_20073538_en_3#pt2-ch1-l1g12 and guidance is provided on http://www.netregs.gov.uk/netregs/63143.aspx 148 For further guidance on PPC see http://www.defra.gov.uk/environment/ppc/regs/index.htm and http://www.netregs.gov.uk/netregs/63432.aspx 149 Defra, Environmental Permitting Guidance: The Directive on the Incineration of Waste, 2008. 150 The EC has provided guidance on the definition of waste: CEC: COM(2007) 59 final COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the Interpretative Communication on waste and by-products 151 EA (2008) The environmental regulation of wood, Position Statement. www.environment-agency.gov.uk/commondata/acrobat/ps_005_2077240.pdf 89
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South East 327 - - 55% of MSW by 20
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Appendix 3 MBT Methods Specific in
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Figure 27 Orchid Environmental proc
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