Waste Reform Project: Environment Protection Authority Regulation - - PowerPoint PPT Presentation

South Australia’s Environment Protection Authority

Waste Reform Project:

5 May 2010

ACLCA Presentation

Amanda Lewis Principal Advisor Waste Management

Regulation & Management of Waste Derived Products

Outline

• Background to Waste Reform Project

– Key Issues being addressed – Intended outcomes

• Stockpiling Guideline
• Waste Derived Product Standards

– Refuse Derived Fuel; – Waste Derived Soil Enhancer; – Waste Derived Fill.

• Questions

Background – Board Subcommittee

• Subcommittee established May 2007 to consider key

issues and strategies for regulating the waste and resource recovery industry.

• Subcommittee report published October 2007

– to propose strategies to address the main problems and issues identified in waste management and its regulation.

Key Problems Identified by Report

• Regulatory framework needs to be

modelled on comprehensive support for:

– Prevent or minimise the risk of environmental harm from waste and waste related products – Support the highest and best, safe available use of waste (waste hierarchy) – responsiveness to industry changes in recycling and reuse and associated technology.

• Identified need for consistent

framework, policy and procedures, and information to assist in better understanding of the regulatory processes

Waste to Resources

• Maximise value while preventing adverse impact
• Focus on process and demonstrating fit for purpose and

distinguish resource recovery and reuse, from waste disposal

• Specific guidelines and EPP to support the beneficial

reuse of waste by providing a mechanism under which materials produced and used in accordance with the standard can be products rather than wastes.

Key Issues Identified In Report

• Stockpiling – identified waste in stockpiles with unknown or

undefined fate

• Need for Recycled Product Specifications and Guidance –

issues with deposition of waste to land not to any accepted standard

• Unauthorised activities – addressing activities found to be
• perating without authorisation

Other project components

• Develop overarching documents

– Objectives for Regulating Waste – Guiding Principles for waste reuse

• Review Schedule 1 Waste Activities
• Complete W2R EPP
• Website, biosolids, definitions publication, etc

• Receive, Store, Treat or Dispose Waste –Prescribed

Activity of Environmental Significance 3(3)  Authorisation

• Waste is defined in Part 1 of the Act

– Any discarded, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or – Anything declared by regulation (after consultation under section 5A) or by an environment protection policy to be waste, whether of value or not.

The Environment Protection Act 1993

Waste

• Status of waste determined at generation & is not dependent
• n:

– if the waste is wanted – if the waste is intended or capable of being reused, recycled or recovered – if the waste has value or may be sold or traded – if the recipient of the waste asserts that the waste is a resource.

• So – to support waste reuse while ensuring appropriate

practices & acceptable waste management outcomes

– Standards developed to support the beneficial reuse in conjunction with the W2R EPP, which provide a mechanism under which suitable waste materials that meet all requirements of the Standard can be products rather than wastes. (currently mechanism 3(3)(i) Limited Purposes)

Waste to Resource

• EPP clause 4

Certain material declared to be waste For the purposes of the definition of waste in section 3(1) of the Act, waste or material resulting from the treatment of waste continues to be waste except insofar as it constitutes a product (a) that meets specification or standards published or approved in writing by the Authority, or (b) if no relevant specification or standard under (a) applies, that is ready and intended for imminent use without the need for further treatment to prevent any environmental harm that might result from such use.

Guiding Principles

1. Support the waste hierarchy 2. Ensure a risk based approach 3. Maximise resource efficiency and require QA/QC 4. Consistent approach to regulation

http://www.epa.sa.gov.au/pdfs/waste_principles.pdf

Fill & Soil Enhancer RDF

Waste to Resource

• Interstate/Overseas/National, eg

– NSW classifications, Regulations and Exemptions DECC | Resource recovery exemptions

http://www.environment.nsw.gov.au/waste/RRecoveryExemptions.htm

– EU – End of Waste Criteria

http://susproc.jrc.ec.europa.eu/activities/waste/documents/Endofwastecriteriafinal.p df

– EPHC: Contaminants in fertilisers; Reuse of industrial residues - EPHC - Industrial residues

http://www.ephc.gov.au/sites/default/files/IR_Rpt__Guidance_for_Assessing_the_B eneficial_Reuse_Industrial_Residues_Land_Management_Applications_200609.pdf

EU – End of waste

Certain specified waste shall cease to be waste when it has undergone a recovery operation and complies with specific criteria developed in accordance with a number of conditions. a) the substance or object is commonly used for specific purposes; b) a market or demand exists for such a substance or object; c) the substance or object fulfills the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

EU – End of waste

• The EU then has Guiding principles and processes to establish end of

waste on how to elaborate on this definition including:

– Developing INPUT criteria – Developing PROCESSING criteria – Developing PRODUCT QUALITY criteria – Having an OPERATIONAL PROCEDURE guideline

Approach

• RDF- E.U., ABC, NSW
• WDF - NSW, Vic
• WDSE

– EPHC 2006: Guidance for Assessing the Beneficial Reuse of Industrial Residues to Land Management Applications

• A National Approach

– CSIRO Methodology for Conducting an Assessment of Contaminants and Ingredients in Fertilizers – Linked to existing guidance where relevant (e.g. Biosolids guidelines, WASTLOAD, winery and dairy guidelines etc.

Guideline for Stockpile Management

Stockpiling waste and waste derived products

Stockpiling

• Manage risks
• Store temporarily
• Implement appropriate environmental controls

Manageable size, Undercover Sealed base Managing risks.

Large stockpile Poses risks Instability Contaminated runoff Segregated to ensure

• ptimal waste

management

Waste Derives Product Standards

Format:

• Part 1 – Introduction
• Part 2 – Policy, Background, Principles
• Part 3 – Suitability of wastes, Technical information, Approval

Requirements

Key Principles

Support for the waste hierarchy

• It is a genuine beneficial recycling purpose rather than a means of

disposal; segregate the waste at the source or processing facility to maximise the options for reuse or recycling of various components it is not driving the market down An immediate market

• Demonstrate prior to moving the waste off site, the existence of a known

customer or user with an available, suitable and beneficial use A risk-based approach

• Ensure sound science is used to assess risk. Ensure the use has

acceptable and manageable risks (short & long term). Ensure appropriate QA/QC.

Prevention and minimised potential for harm

• The proposal must not cause harm. No increased risk of causing harm as

a result of using as a supplement or replacement product Demonstration of beneficial purposes

• Acceptable and genuine benefit

No dilution of waste or chemical substances

• Must not be a means of diluting a waste. Components should not be

added to WDF for the purpose of diluting the waste or chemical substances where, without dilution, the component would not be suitable for reuse. A consistent approach to regulation

• Ensure appropriate approvals have been obtained prior to undertaking the

activity.

Key Principles

• Approvals for waste derived materials – focus to ensure process is

sound and any relevant standards are applied

• a ‘Recovered Products Plan’ – waste derived products from licensed

facilities – Requirement and detail for RPP depends on the level of risk or uncertainty

• Site management plan and Auditor protocol
• Not to shift a problem or create new ones

Standard for the Production and Use of Refuse Derived Fuel (RDF)

Refuse Derived Fuel

• Approved, consistent and fit for purpose
• Calorific value
• Replace standard fuel

Supplement or replace traditional power in industrial process

Targetted waste for RDF Large amount of household rubbish Unlikely to be suitable for use in a RDF

Key aspects of RDF Standard

Characteristics

• Waste and other components of the RDF
• Calorific value and combustion efficiency
• Water content
• Sulphur and chlorine content
• Emissions, heavy metals and residual wastes
• Physical properties

Key aspects of RDF Standard

Pilot trials Recovered Products Plan – section 6.1

• Confirmation of suitability of sources and waste types
• Beneficial properties for use as an RDF
• No prohibited waste
• Production of a fit-for-purpose RDF to specification - consistent physical and

chemical composition, net calorific value and combustion efficiency

• Immediate market & level of demand
• Plant design
• Fuel volumes, rates or use and storage
• Combustion process and efficiency
• Emissions, pollution controls and monitoring
• Residual waste
• EMP, QA/QC,

Standard for the Production and Use of Waste Derived Soil Enhancer (WDSE)

WDSE can have beneficial properties for agriculture WDSE can replace standard chemical fertilisers

Waste Derived Soil Enhancer

• Suitable chemical and physical quality
• Undertake risk assessment
• Apply away from sensitive receptors

WDSE should not be applied close to sensitive receptors

Waste Derived Soil Enhancer

Waste Derived Soil Enhancer

• Chemical Substances and

Environmental Risk

• Physical and chemical characteristics
• f that waste
• Identification of beneficial effects
• Key nutrient value
• Contaminants in the waste
• Variability of waste
• In situ soil conditions and land

capability assessment

• Physical properties and health risks
• Application rates
• Withholding times
• Locality Separation distances

Type B approach CSIRO/EPHC project

WDSE - Some important facts to note

• TYPE A schemes

– Suitable organic wastes – Known agricultural benefit – Able to be used directly as fertiliser – Compliance with the General Environmental Duty and the Environment Protection (Water Quality) Policy 2003 and where relevant, guidance as specified under ‘Type A’ – May require EPA approval:

• Part of a licensed activity or DA

– Eg Requires EPA approved management plan

• Triggers another scheduled activity, eg composting

WDSE - Some important facts to note

• TYPE B schemes that require assessment and EPA approval

prior to use in accordance with specific management requirements for that WDSE (refer section 5.3): – suitable industrial residues or wastes that are:

• Homogeneous, consistent, and fit for purpose, and
• Have identified have beneficial characteristics and

assessed risks

• Determine a specification for agricultural use via:

– direct application as a fertiliser or soil conditioner, or – indirect application by inclusion as feedstock or components in agricultural products such as composts

• r potting mixes.

WDSE - Some important facts to note

• Broad application (non site-specific)

– Full risk assessment, range of applications – Limiting factors/environmental – Contaminant limits once released – Marketable product

• Site-specific application (Auditor Protocol)

– For a particular site/benefit/application – Full risk assessment – Including if Limits are not available or are exceeded – Auditor endorsed plan – Audit report after set period to confirm no contamination and application in accordance with endorsed plan.

Waste Derived Fill - outline

Waste Derived Fill

• Waste soil, recycled aggregate or mineral based industrial residue
• Suitable chemical and physical quality
• Assess risks at receiving site

Soil can be used but do you know what is in it? Test to make sure not contaminated

WDF cannot be used as fill in creek lines This is illegal dumping C&D Waste can be processed into a WDF product

Waste Derived Fill - definition

• A consistent, homogenous material for the beneficial filling
• f land that consists of or contains waste or material

recovered from waste (including waste soil, industrial residues and recycled waste) which meets an approved specification, is fit for purpose and will not cause harm to the environment or human health when used as fill, such as for development of infrastructure.

Content

• Wastes not suitable for use

– Scheduled wastes, Hazardous wastes

• Potential Benefits

– Fill for development

• Potential Risks – Human health & environment

– Presence, bioavailability, accumulation, toxicity, mobilisation, land quality / use – Source assessment and Specification Chemical & physical composition (assessed at source)

Considerations

– Sound science, QA/QC, manage risks, market & materials management, minimise need for ongoing management & constraints on use of sites

• Responsibilities & reporting
• Tracking, land identification

General Obligations—sites where no PCA has

• ccurred or is occurring1

Specific EPA Requirements— sites where a PCA has or is

• ccurring

Obligations and Requirements Single source domestic premises,

• r <100 tonnes

from other non- PCA site >100 tonnes from non-PCA site Site with PCA General environmental duty2

  

Maintain records3

  4

Sampling and assessment5

 6

(Waste fill chemical criteria plus

• ther analytes as relevant)



(Waste fill chemical criteria plus

• ther analytes as relevant) 7

Requirements based on sampling results N/A Up to maximum waste fill quality Up to maximum Intermediate Waste Soil chemical quality Up to maximum waste fill quality Up to maximum Intermediate Waste Soil chemical quality Documentation required8

 

Consultant report9



Auditor Protocol10



Consultant report



Auditor Protocol10 Submission of information and approval required11



Pre W2R EPP



Post W2R EPP

 

Pre W2R EPP



Post W2R EPP

 

Restriction on destination (Non-sensitive use only)

 9  12 

Receiving fill material is a PCA13

    

EPA to indicate existence

• f report14

    

Vendor to indicate existence of report15

     Soils

Waste Derived Fill

• Waste consisting of

– Clay, concrete, rock, sand, soil or other inert mineralogical matter, not exceeding chemical limits specified in EP Regulations for Waste Fill

• If chemical concentrations do exceed Waste fill, but does not

exceed the ‘Intermediate’ criteria, then this clay, concrete, rock, sand, soil or other mineralogical matter is classified as

• Intermediate. This soil/mineral industrial residue/recycled concrete

may then be reused subject to the Standard inclusive of the Auditor protocol section 6.1.3.

Waste Fill Intermediate Demonstrate suitable in compliance with Standard If PCA, to Non-sensitive

• nly unless Auditor (not

industrial residues) Demonstrate suitable in compliance with Standard (SMP, Interim advice, EPA approval) Non-sensitive Waste Waste Derived Fill

Approvals

– Site specific factors to be considered on a risk basis to determining the suitability of the WDF at that particular site. – Demonstration of suitability prior to transfer and use – match up materials with site specific risks. – Supervision, certification, definitive statement

Onus on supplier and user to ensure suitability for beneficial reuse and prevention of harm

Auditor Protocol Triggers

WDF

• When waste soil, or Industrial residue, or residue/product from

recycling activity proposed for offsite reuse exceed Waste Fill criteria

• When waste soil from PCA meets Waste Fill criteria but

proposed for offsite reuse to sensitive site

Auditor Protocol

Auditor Protocol for WDF > Waste Fill criteria

– Auditor prepares audit criteria – Auditor endorses Site Management Plan – Interim Audit Advice

• characterisation of suitable wastes - specific

approval of all materials.

• ID Project manager & Land & Mgmt procedures

– Site Management Plan and Interim Audit advice submitted to EPA. EPA reviews and advises if in accordance with WDF Standard and hence whether reuse can occur in accordance with the proposal without authorisation as a waste or recycling depot.

Auditor Protocol for WDF > Waste Fill criteria

– EPA Approval for commencement of use is contingent

• n the expert information provided by the auditor

endorsed proposal and compliance with the Auditor protocol. – The EPA may also advise on any other relevant legal requirements of the EP Act, such as if a licence is needed, which may be separate from the issue of whether there is a risk of harm in managing the waste. – Site Audit Report by Site Contamination Auditor accredited Environment Protection Act 1993

• Waste soil must be demonstrated as suitable prior to transport

and reuse.

• Only an auditor can certify waste soil from a PCA as suitable for

reuse at a sensitive site.

• When a waste soil exceeds waste fill criteria, it must be subject to

the Auditor Protocol as specified in section 6.1.3 and may only contain negligible amounts of foreign material. For guidance on inclusions - the NSW exemption for Excavated Natural Material

<www.environment.nsw.gov.au/waste/RRecoveryExemptions.htm>.

WDF - Some important facts to note

NSW exemptions – ENM, aggregate, fines

NSW Exemptions for fill related products Product Contaminants

Maximum average concentration for characterisation (mg/kg ‘dry weight’ unless otherwise specified) % Maximum average concentration for routine testing (mg/kg ‘dry weight’ unless otherwise specified) % Absolute maximum concentration (mg/kg ‘dry weight’ unless otherwise specified) % Aggregate: Rubber, plastic, paper, cloth, paint, wood and other vegetable matter 0.1 0.1 0.2

C&D Fines "batch process"

Glass, metal and rigid plastics

0.1 NA 0.3

Plastics - light flexible film

0.05 NA 0.1 "continuous process"

Glass, metal and rigid plastics

0.1 0.1 0.3

Plastics - light flexible film

0.05 0.05 0.1 Exacated Natural material Rubber, plastic, bitumen, paper, cloth, paint and wood 0.05 NA 0.1 Rubber, rigid plastic, bitumen, light flexible film, glass, metal, paper, cloth, paint, wood and other vegetable matter 0.075 0.083 0.183

For more information

Waste Reform Project FILL (WDF), FUEL (RDF), FERTILISER (WDSE)

http://www.epa.sa.gov.au/environmental_info/waste/waste_reform_project

Environment Protection (Waste to Resources) Policy

• Released authorised by the Governor on 18 February 2010
• To be enacted 1 September 2010
• The EPP’s key features include:

– a waste management objective, application of the waste management hierarchy consistently with the principles of ecologically sustainable development to policy and determinations  authorisations and development applications – Clause 10 unlawful disposal or stockpiling of waste – Codes of Practice & Scheduled Waste Management Plans – Waste in Metropolitan Adelaide first subjected to resource recovery (subject to specific exemptions) – Clause 4 for waste derived products