Waste Strategy for England 2007 - Environment, Food and Rural Affairs Committee Contents


Memorandum submitted by Biomass Worldwide Ltd (Waste 12)

SUMMARY

  1.  This submission refers to the classification of waste, [term of reference 3] and its influence on the realisation of the energy potential of the waste stream and the contribution this can make to the UK Climate Change targets, [7] and the encouraging of new reclamation technologies, [9].

2.  Generating energy from waste derived fuels could make an important and immediate contribution to the UK's Carbon reduction targets and should be encouraged. However uncertainties over the interpretation of the definition of waste and the classification of the products of waste reclamation are hindering the development of markets for reclaimed energy products. While progress is being made for some products such as compost, the position regarding fuels remains unclear. The apparent scaling back of Government ambitions for energy recovery cause concern.

INTRODUCTION

  3.  BWL is a new entrant to the waste processing business. The Company has developed an autoclave technology to process various waste streams to produce a fibrous biomass. This is a clean and sterile energy rich product from which recyclate such as glass and metal has been removed. The autoclave technology is operating at a site in Australia using MSW to produce compost. The Company is developing its process in the US to use the biomass to generate energy and is looking to establish this process in Europe.

4.  The Institute of Civil Engineers has estimated that Secondary Recovered Fuels [SRF] could deliver 17% of UK electricity. [Report by Oakdene Hollins, 2005.] Being a renewable energy source these fuels would help the UK deliver its carbon reduction targets by displacing fossil fuels. By securing the diversion of bio-waste from land fill they would reduce uncontrolled methane emissions. The International Energy Association have stated: "The benefits of energy recovery from waste fuels are such that any state-of-the-art waste management policy should include energy recovery irrespective of the individual local strategic preference, [eg: composting v. anaerobic digestion]". [IEA Position Paper "MSW and its' role in sustainability".]

THE AMBITION FOR BIO-WASTE

  5.  The Waste Strategy 2007 recognises the importance of SRF and the importance of energy recovery in a balanced energy strategy. It expects that 25% of MSW will be used for energy generation by 2020, a figure unfortunately scaled down with out explanation since 2000. It should also express a similar ambition for Commercial waste to help meet the Strategies stated objective of the increased diversion of Commercial waste from landfill. These two waste streams could make a significant contribution to the UK energy supply as the ICE have stated and would advance the Strategies own objectives. The further advantage of encouraging the recovery of energy from these waste streams is that it can be recovered as electricity, heat, gas, solid or liquid fuel. Potentially it is a very versatile energy source. To fully realise this potential there needs to be a pathway from the waste stream to full reclamation of a fuel product that is free of the "waste" tag.

6.  The Strategy fails to commit its self to the elimination of bio-waste from landfill as for example the German Government has done. Bio-waste is a valuable resource with multiple end uses, yet is a hazard in landfill. Even with recovery typically 50% of the methane escapes to the atmosphere. The aim should be for full recovery yet the Strategy refers to "properly managed landfill with methane extraction" [Chapter 5 para. 2]. The implication is that the Strategy accepts that bio-waste will continue to be landfilled.

CLASSIFICATION

  7.  The use of SRF is handicapped by being classified and regulated as waste. To maximise recovery of value from the waste stream it is important that waste is viewed as a source of raw material as the Strategy recognises and that it is possible for the resulting output to be classified as a fully reclaimed product and free of the label "waste". A situation should exist whereby the output or product can be regarded in the same way and used under the same regulations as any other similar output or product, where this use causes no more harm to the environment or health than the equivalent non-waste derived product. This is important if waste derived products are to be able to compete fairly with other equivalent products and with out an additional regulatory burden with its associated cost implications. For there to be an adequate market uptake of reclaimed products and materials they have to be able to compete with other similar products.

8.  The strategy states that protocols will be developed for different elements of the waste stream so that they can be marketed as fully reclaimed and free of waste control regulations. It does not specifically commit its self to such a protocol for fuels and at present Defra and the EA are reluctant to look at the issues associated with a fully reclaimed SRF. WRAP for example are not developing a quality protocol for fuels. The Environment Agency is reluctant to respond to the consequences of the OSS case with respect to recovered oils.

  9.  At present the Government seem to have a preference for anaerobic digestion and incineration of the biomass fraction of waste and to keep waste derived fuels with in the Waste Incineration Directive [WID]. This handicaps the development of the new mix of technologies that can exploit the potential of SRF that the Strategy calls for. Any process operating with in the WID will in the public mind be labelled as incineration and there is a clear public resistance to incineration leading to costly planning delays. Residual waste with a useful calorific value is being consigned to landfill because of additional regulation and market resistance, exactly what the strategy sets out to avoid.

THE OSS CASE, OSS GROUP V DEFRA/ENVIRONMENT AGENCY

  10.  This case was heard by the Court of Appeal which delivered its verdict on 28 July 2007. The Court upheld the OSS Group position that subject to certain criteria it was able to recover waste lubricating oil and market it as a non-waste fuel product. Defra and the EA had adopted a restrictive interpretation of the recovery of fuels from waste stating that the conversion of waste streams to fuel products was not possible other than in exceptional, [unspecified] circumstances. This position was found to be contrary to EU law and practice. [The Legal Meaning of Waste—the OSS Case, Semple Fraser, Edinburgh.] In responding to this case Defra has maintained a restrictive view and has not accepted that there is a general position to clarify with respect to SRF. Their briefing "Regulation of Waste Oils, Interim Arrangements" emphasises that the appeal concerns the "limited question" of lubricating oils. In personal communication the department has stated that the establishment of a new standard will take "a few months" and that even then it is "likely that Recovered Fuel Oils will not meet this standard". On the issue of waste oil the Strategy states that the EA will enforce the WID implying that full recovery is not possible. Chapter 3 para: 30]. The OSS case took 18 months to come to its judgment, to proceed on a case by case basis like this will take much time and incur much expense and will seriously inhibit the development of SRF and its uptake in the market.

EUROPEAN POSITION ON SRF

  11.  The EU is developing technical standards for SRF through CEN TC 343, which defines SRF in terms of energy value, chlorine and mercury content and other values. This is to enable to fuel to be traded as a fully recovered product with reliable performance characteristics. Clearly a product produced to such technical standards could no longer be regarded as a waste as defined in the Waste Framework Directive. It should therefore not be regulated as a waste in the UK. The OSS case changes the legal position of recovered fuels in England and Wales which has been contrary to the EU position, which does allow for the full recovery of fuels from the waste stream.

CONCLUSION

  12.  This issue may be seen to be more relevant to the Energy White Paper and indeed the importance of recovered fuels is recognised there. But there is a danger of this falling between two stools. The need for clear guidance and explanations concerning the definitions and consequential regulations concerning recovered products is recognised in Chapter 3 of the strategy. However the situation with respect to energy remains to date unclear, as the OSS case has demonstrated. An explicit reference to the development of quality protocols for reclaimed fuels is required in the Waste Strategy so that the UK strategy is in accord with the EU Waste Framework Directive on this issue. Clear and unprejudiced guidance aimed at facilitating the use of reclaimed fuels while maintaining the levels of environmental and health protection required for fossil fuels, is now required. This would encourage the reclamation of energy from waste by a mix of technologies and maximise the diversion of bio-waste from landfill, key objectives of the Waste Strategy.

Biomass Worldwide Ltd

October 2007






 
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