Metal recyclers tasked with end-of-waste rules

Metal recyclers face complying with a range of new regulations if they want their material to cease being waste.

The requirements came in from October 9 2011 and guidance on the declassification process for scrap metal to not be counted a waste has just been published by the Environment Agency.

The publication, Regulatory Guidance 333/2011″, has brought with it concerns as to whether the Agency is acting fully in the spirit of what was originally sought as a straightforward way of declassifying scrap metal waste, and is instead bringing in a potentially burdensome classification system.

Decade

Metal recyclers have fought for more than a decade to get their material away from being classified as waste. In April this year, agreement was reached with the European Commission (see letsrecycle.com story)

When first called for, the metals recycling sector argued that the basics of declassification should be for when scrap metal had been through a process, such as shredding or shearing, and it would be classed as non-waste because it would then be furnace ready.

Now the Agency has spelt out in detail a range of requirements for the provisions to be met. These see the UK bringing in its interpretation of the end of waste criteria which, some consider, could be implemented in the UK in different and potentially tougher ways than in other European Union Member States.

Criteria

The Agency has set down seven requirements which include that the output by the scrap metal firm must comply with the criteria set out in the regulations. It states: the producer of the output must issue a statement of conformity for each consignment of the material which has met the relevant criteria. This must be passed on to the next holder of the material with the producer keeping a copy for a minimum of one year.

And, other requirements include the implementation of a Quality Management system which complies with the Regulations and if any part of the treatment process has been carried out by a prior holder of the metal, that prior holder must also implement a QMS.

The QMS has to be verified by an independent outside body that is accredited by UKAS, the UK Accreditation Service. However, work by UKAS looks likely to develop at a slow pace as officials involved have a number of other projects to work on.

letsrecycle.com was told that there were concerns about the delays in setting up accreditation schemes.

Finalising

UKAS told letsrecycle.com that it is still in consultation with the Environment Agency over finalising the assessment and accreditation process, which is likely to be based primarily around ISO 17021: 2011. The supervisory body confirmed there are no accreditation bodies appointed yet and UKAS still has no available details of the accreditation process or timescales. UKAS said that these will be available in due course.

The Environment Agency said that it will be facilitating the development of an accreditation system.

Some believe that the Agency wants to over deliver on end of waste criteria for metals as its actions may well set precedents for other materials which are also gaining end of waste status. And, there is also a view among some metals recyclers that exports to green list countries may continue without use of the end of life criteria because trade routes are established and consumers and governments accept scrap metal without question.

The declassification could help exporters to countries where a government has not sanctioned the importation of metal as a green list commodity. In such a circumstance, end of life criteria could speed the process.

The British Metals Recycling Association did not comment in detail on publication of the new regulatory regime. A spokesman told letsrecycle.com earlier this week: At the moment its taken a bit longer than hoped for the Environment Agency guidance to come but theyre in the process of refining it at the moment and itll come.