The note of caution from the Environment Agency comes in new guidance entitled Quality protocols (QPs): rules for all QPs which was published last week (June 1).
Quality protocols explain when a waste derived material can be regarded as a non-waste product and no longer subject to waste controls. Governing materials ranging from biodiesel to tyre-derived rubber, compost, anaerobic digestate and glass and they aim to incentivise high quality recycling.
The guidance explains that waste controls must apply to all waste material up until the point at which it is no longer classed as a waste under the relevant Quality Protocol. Only after the relevant protocol is met do waste controls no longer apply to, handling, transport, use and disposal.
However, the Agency is keen to point out that once non-waste status is attained, new rules may come into play from which operators were previously exempt.
REACH
For instance, the guidance explains, waste is exempt from the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. When you turn waste into a non-waste product, the exemption no longer applies.
With regards to whether non-waste status applies outside of England, Wales and Northern Ireland, the Agency warns that material could be classed as a waste elsewhere.
It recommends that operators check the waste shipment regulations and with the relevant authority in the country of export of import to see if waste controls apply.
When determining the status of material imported from elsewhere, the Agency explains that the UK government will accept material from other countries in the EU is classed as a non-waste provided processing and production follows either a relevant standard or code of practice which gives levels of product performance and environmental protection equal to those of the UK Quality Protocols.
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