SWR5
Legislation Committee No 1
Response to the Consultation on the Proposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure
Environment Agency Wales
Summary
We are pleased to have the opportunity to present our views to the consultation on the proposed recycling measure. The main points we make are:
Environment Agency Wales welcomes measures designed to encourage sustainable waste management and deliver improved environmental protection.
Whilst the proposed Measure provides no specific regulatory role for the Environment Agency, there are synergies with the work we do as monitoring authority for the Landfill Allowances Scheme and the information provided via WasteDataFlow.
There is currently no regulatory mechanism which enables local authorities to obtain the data relating to final destination requested in this measure. Local authorities would need to review their contracts with waste management contractors to ensure that this information is made available to them. Notwithstanding, difficulties remain regarding material processed overseas in relation to rejected material and its final destination.
We believe that the proposed Measure, as drafted, can increase the transparency with which recyclate is dealt with in Wales. However, we suggest that steps are taken to ensure that local authorities do not stop sending material overseas as a result of the difficulties in obtaining the data required, as this is against the core principles of the waste strategy.
Simplified standards for recyclate would make it easier for waste management companies/local authorities to determine whether the material is of a suitable quality for recovery, whether that recovery takes place in the UK or overseas.
2.0 General Comments on the Proposed Measure
This Measure aims to improve transparency in relation to how Welsh local authorities deal with recyclate, and in this regard it is welcomed. It places an obligation on local authorities to report the quantities and final destination of all material segregated for recycling (material processed within the UK and overseas) via their websites. Consideration could also be given to whether the information should be made available to the public via other mechanisms, e.g. local authority newsletters.
Environment Agency Wales is the monitoring authority for the Landfill Allowances Scheme, and thereby is responsible for collecting and verifying data submitted by local authorities within the WasteDataFlow system. This system currently provides local authorities with a mechanism to record, on a voluntary basis, the final destination of recyclate. Therefore, WasteDataFlow could be adapted to become the mechanism to capture the data required by this proposed Measure.
Municipal Waste represents a small proportion of the total waste stream, and in Wales currently 32% of the municipal waste stream is recycled. There is no readily available data on how much of the recyclate segregated from the municipal waste stream is exported for recycling.
The data requested (including waste subject to recovery, reject rates and disposal location of rejected material) goes beyond current legislative requirements and may be difficult to obtain, particularly in relation to rejected material from overseas reprocessors. This aspect will need to be addressed but in a proportionate way so as not to put barriers in the way of recycling, with potential for a negative impact on recycling levels.
A key factor to increasing recycling is improving the quality of recyclate. There have been a number of issues reported where recyclate is of insufficient quality to be recovered and the material ultimately ends up being disposed of to landfill both within the UK and particularly overseas. Simplified standards for recyclate could be produced, so that it is easier for waste management companies/local authorities to determine whether the material is of a suitable standard for recovery, whether that recovery takes place in the UK or overseas. Recyclate would only be able to be exported if it complied with the required standard which should have a positive impact both on the quality of recyclate being exported and that produced for UK markets.
This Measure seeks to encourage the development of more recycling facilities in Wales. However, it must be remembered that waste and pollution do not respect national boundaries, and unless Wales can achieve self-sufficiency across all waste streams, some wastes will continue to move round the UK (and indeed the world) for treatment and/or disposal.
The movement of recyclate is only a small part of the global movement of materials, and contributes to the overall picture of sustainable resource use. We would not want to discourage the recovery of materials overseas where this provides the best environmental option.
3.0 Answers to Specific Questions
Q1) Do you think that the proposed Measure will achieve the desired aim of improving transparency and openness in the way that Welsh local authorities deal with recyclate?
It is clear that the purpose of the proposed Measure is to increase the transparency of how Welsh local authorities deal with recyclate. The Measure will result in local authorities having a greater understanding of what is happening to their waste which will help prevent waste being illegally disposed in other countries - an area where the Environment Agency has limited control.
Some local authorities already provide data on the final destination of materials via the WasteDataFlow system, giving us some information about waste exported for reprocessing. However, many local authorities are currently unable to provide this information as the recyclate passes through a number of hands between collection and the final destination. It is important to note that clear guidelines will be needed on how the information should be gathered to ensure consistency and quality.
The proposed Measure makes amendments to the Environmental Protection Act 1990, but not to secondary regulations which provide the current mechanisms for tracking waste movements. Therefore, consideration needs to be given to assessing options for further regulatory changes and also opportunities for local authorities to obtain this information via procurement routes.
In England and Wales, the Duty of Care requires that waste can only be passed on to someone authorised to handle it. However, it does not take a cradle to grave approach. A mechanism for local authorities to obtain information on final destinations for recyclate within the UK is needed. Currently, they would have to carry out an audit of their waste contractors, which may not provide all data on final destinations. Another aspect to tackle with respect to exports is that the Duty of Care does not extend to those that export waste (consultation currently looking at including exporters of waste in the Duty of Care); hence, there is no duty on the exporter to inform the local authority where the waste material was sent for processing.
The Transfrontier Shipments of Waste (TFS) Regulations set the controls governing the international shipment of waste. Prior to export, the exporter must ascertain that the intended destination of the recyclate can accept that material and check whether notification is required. In the main, green list material (sorted recyclate) requires no pre-notification, although some countries require notification for some material streams. The Annex VII form which accompanies green list wastes must be completed by the consignee and travel with the waste. Records are kept by the export notifying organisation; however this information is not required to be sent back to the producer of the waste.
To enable Local Authorities to obtain this information via the TFS Regulations would require legislative change at the European level, which could be a resource intensive and lengthy process. Without this legislative change, the requirement for local authorities to collect and report this information is not backed by any national/international legislation. Local authorities could require this information from their waste management contractors under the terms of their procurement contract, but they may ultimately find this information difficult to obtain from their contractors for the very same reasons.
The provision of this information to a local authority would enable greater checks to be made to determine if the final destination was a legitimate site (e.g. operating under an appropriate permit).
Issues arise in the accurate collation of information by local authorities. In order to maximise economies of scale and environmental benefit, recyclate is bulked up for shipping from a variety of sources (e.g. municipal and non-municipal and from various geographical locations). Therefore, this makes it almost impossible to track wastes from an individual local authority to its final destinations and to accurately allocate recyclate from Welsh local authorities to UK and overseas reprocessors. Furthermore, intermediaries within the waste management chain will pass on recyclate to the reprocessor offering the best price at the time, so the materials may move to different destinations over a period of time, which would require regular monitoring.
Q2) Do you consider that the proposed Measure is the best means of improving transparency and openness in the way that Welsh local authorities deal with recyclate? If not, which other approaches should be used?
Without changes to the current legislative framework, it would be difficult for local authorities to achieve the aims of this proposed measure, as it would be extremely difficult to obtain data on the actual material recycled once the material had been exported.
Consideration could be given to adopting an approach similar to the Site Waste Management Plans, in that Local Authorities would be required to develop a Recyclate Management Plan to provide a framework in which to effectively manage the information requested in this proposal. However, there is a need to ensure that a proportionate way of obtaining the data is developed.
Q3) Are there additional powers that could be included in the Measure to further promote this approach in local authorities?
We have no additional powers to add to the proposed Measure at this stage.
Q4) Do you consider that the implementation of the proposed Measure would lead to residents encouraging local authorities to use recycling facilities that are closer to the source of the recyclate, than those that are further away? Do you agree that publication of the required information will lead to increased interest, and therefore participation, in recycling?
The proximity principle is a key consideration when material is sent for disposal and recycling. However, there is currently insufficient reprocessing capacity in Wales and the UK to deal with all of the quantity and types of material segregated for recycling. We need to consider a life cycle analysis (LCA) approach to determine the best environmental option for recyclate. WRAP recently published a report that found that it was more environmentally sustainable to transport recyclate over long distances for reprocessing, particularly transportation in return shipping containers to China than to landfill in the UK. Since the bulk of manufacturing is carried out in Asia, by sending material there for recycling it enables the use of secondary raw materials thus conserving virgin materials in the manufacturing process.
We encourage any intervention that encourages local re-processing. However, the general public are often reluctant to accept a waste reprocessing facility in their locality, due to preconceptions about the potential nuisance and/or impact on human health. Providing the means for more information to be collected and shared with the general public may encourage the population to accept recycling facilities within their neighbourhoods which would be a positive outcome in terms of the development of UK recycling infrastructure.
Q5) What unintended consequences, if any, could arise from the implementation of the proposed Measure?
Potential unintended consequences to this proposal that may arise are:
local authorities may stop sending material overseas because of the difficulties in obtaining the data required, which could result in materials that could be recycled being sent to landfill - this may have an overall worse environmental impact.
the public may cease recycling due to concern about the environmental impacts of transporting materials global distances for recycling, and negative media reports in relation to mismanagement of wastes exported for recycling will exacerbate this, which would be a real issue, particularly with the increasingly higher recycling targets being set for Wales;
it may not be possible to generate the necessary local markets for recyclates in order to keep pace with demand for local reprocessing of our wastes, especially since demand for secondary materials would be largely overseas;
the price obtained by the waste authority for the recyclate locally might be less than the price for it globally, which would impact on local authority budgets at the same time as imposing greater costs on the authority in terms of record keeping.
Q6) What do you estimate the costs of complying with the proposed Measure to be for your organisation? Do you consider these costs to be excessive?
The measure requires local authorities to make information on the destination of all recyclate to be publicly available and published on their website. As a result there would be no additional costs borne by the Environment Agency.
The data could also be provided to the Environment Agency via the mechanism already provided in the WasteDataFlow system, which would enable a Wales wide overview on recyclate destinations to be reported on. If this was carried out, there would not be significant additional costs to the Environment Agency, and the work could be included in existing reporting arrangements.
Further Information
Further information or background to this response can be obtained from: Nia Owen
Environment Agency Wales, Ty Cambria 29 Newport Road, Cardiff, CF24 0LT, Tel: 029 20 466114.
Environment Agency Wales
19th September 2008
Note:
1. Quality best way to boost confidence in recycling - Liz Parkes (September 2008) http://www.letsrecycle.com/do/ecco.py/view_item?listid=37&listcatid=217&listitemid=10387 2.CO2 impacts of transporting the UK’s recovered paper and plastic bottles to China WRAP August 2008
