South Australia’sEnvironment ProtectionAuthority

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 keyissues and strategies for regulating the waste andresource recovery industry.

• Subcommittee report published October 2007

– to propose strategies to address the main problemsand issues identified in waste management and itsregulation.

Key Problems Identified by Report

• Regulatory framework needs to bemodelled on comprehensive support for:

– Prevent or minimise the risk ofenvironmental harm from waste andwaste related products

– Support the highest and best, safeavailable use of waste (waste hierarchy)

– responsiveness to industry changes inrecycling and reuse and associatedtechnology.

• Identified need for consistentframework, policy and procedures, andinformation to assist in betterunderstanding of the regulatoryprocesses

Waste to Resources

• Maximise value while preventing adverse impact

• Focus on process and demonstrating fit for purpose anddistinguish resource recovery and reuse, from wastedisposal

• Specific guidelines and EPP to support the beneficialreuse of waste by providing a mechanism under whichmaterials produced and used in accordance with thestandard can be products rather than wastes.

Key Issues Identified In Report

• Stockpiling – identified waste in stockpiles with unknown orundefined 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 beoperating 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 –PrescribedActivity of Environmental Significance 3(3) Authorisation

• Waste is defined in Part 1 of the Act

– Any discarded, rejected, abandoned, unwanted or surplusmatter, whether or not intended for sale or for recycling,reprocessing, recovery or purification by a separate operationfrom that which produced the matter; or

– Anything declared by regulation (after consultation undersection 5A) or by an environment protection policy to bewaste,

whether of value or not.

The Environment Protection Act 1993

Waste

• Status of waste determined at generation & is not dependenton:– 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 appropriatepractices & acceptable waste management outcomes

– Standards developed to support the beneficial reuse in conjunctionwith the W2R EPP, which provide a mechanism under whichsuitable waste materials that meet all requirements of the Standardcan be products rather than wastes.

(currently mechanism 3(3)(i) Limited Purposes)

Waste to Resource

• EPP clause 4Certain 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 tobe waste except insofar as it constitutes a product

(a) that meets specification or standards published or approved inwriting by the Authority, or

(b) if no relevant specification or standard under (a) applies, that isready and intended for imminent use without the need for furthertreatment to prevent any environmental harm that might result fromsuch use.

Guiding Principles

1. Support the waste hierarchy

2. Ensure a risk based approach

3. Maximise resource efficiencyand require QA/QC

4. Consistent approach toregulation

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

– EU – End of Waste Criteriahttp://susproc.jrc.ec.europa.eu/activities/waste/documents/Endofwastecriteriafinal.pdf

– EPHC: Contaminants in fertilisers; Reuse of industrial residues -EPHC - Industrial residueshttp://www.ephc.gov.au/sites/default/files/IR_Rpt__Guidance_for_Assessing_the_Beneficial_Reuse_Industrial_Residues_Land_Management_Applications_200609.pdf

EU – End of waste

Certain specified waste shall cease to be waste when it has undergone arecovery operation and complies with specific criteria developed inaccordance 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 thespecific purposes and meets the existing legislation and standardsapplicable to products; and

d) the use of the substance or object will not lead to overall adverseenvironmental or human health impacts.

EU – End of waste

• The EU then has Guiding principles and processes to establish end ofwaste 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 theBeneficial Reuse ofIndustrial Residues toLand ManagementApplications- A National Approach

– CSIROMethodology for Conducting anAssessment of Contaminants andIngredients in Fertilizers

– Linked to existing guidance whererelevant (e.g. Biosolids guidelines,WASTLOAD, winery anddairy guidelines etc.

Guideline for Stockpile Management

Stockpiling waste and waste derived products

Stockpiling

• Manage risks

• Store temporarily

• Implement appropriate environmental controls

Manageable size,UndercoverSealed base

Managing risks.

Large stockpile

Poses risksInstability

Contaminated runoff

Segregated to ensureoptimal wastemanagement

Waste Derives Product Standards

Format:

• Part 1 – Introduction

• Part 2 – Policy, Background, Principles

• Part 3 – Suitability of wastes, Technical information, ApprovalRequirements

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 tomaximise the options for reuse or recycling of various components it is notdriving 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 appropriateQA/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 chemicalsubstances where, without dilution, the component would not be suitablefor 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 issound and any relevant standards are applied

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

– Requirement and detail for RPP depends on the level of risk oruncertainty

• Site management plan and Auditor protocol

• Not to shift a problem or create new ones

Standard for the Production and Use ofRefuse Derived Fuel (RDF)

Refuse Derived Fuel

• Approved, consistent and fit for purpose

• Calorific value

• Replace standard fuel

Supplement orreplace traditionalpower in industrial

process

Targetted waste forRDF

Large amount of householdrubbish

Unlikely to be suitable foruse 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 andchemical 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 ofWaste Derived Soil Enhancer (WDSE)

WDSE can havebeneficial properties

for agriculture

WDSE can replacestandard chemical

fertilisers

Waste Derived Soil Enhancer

• Suitable chemical and physical quality

• Undertake risk assessment

• Apply away from sensitive receptors

WDSE should not beapplied close to

sensitive receptors

Waste Derived Soil Enhancer

Waste Derived Soil Enhancer

• Chemical Substances andEnvironmental Risk

• Physical and chemical characteristicsof that waste

• Identification of beneficial effects

• Key nutrient value

• Contaminants in the waste

• Variability of waste

• In situ soil conditions and landcapability assessment

• Physical properties and health risks

• Application rates

• Withholding times

• Locality Separation distances

Type B approachCSIRO/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 theEnvironment Protection (Water Quality) Policy 2003 and whererelevant, 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 approvalprior to use in accordance with specific managementrequirements 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 andassessed risks

• Determine a specification for agricultural use via:

– direct application as a fertiliser or soil conditioner, or

– indirect application by inclusion as feedstock orcomponents in agricultural products such as compostsor 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 andapplication 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 butdo you know what is

in it?

Test to make surenot contaminated

WDF cannot be used as fillin creek lines

This is illegal dumping

C&D Waste can beprocessed into a

WDF product

Waste Derived Fill - definition

• A consistent, homogenous material for the beneficial fillingof land that consists of or contains waste or materialrecovered from waste (including waste soil, industrialresidues and recycled waste) which meets an approvedspecification, is fit for purpose and will not cause harm tothe environment or human health when used as fill, suchas 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 & physicalcomposition (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

occurred or is occurring1Specific EPA Requirements—

sites where a PCA has or is

occurring

Obligations and

Requirements

Single source

domestic premises,

or 100 tonnes from non-PCA

site

Site with PCA

General environmental

duty2

Maintain records3 4

Sampling and

assessment5

6

(Waste fill chemical criteria plus

other analytes as relevant)

(Waste fill chemical criteria plus

other analytes as relevant) 7

Requirements based on

sampling resultsN/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

of report14

Vendor to indicate

existence of report15

Soils

Waste Derived Fill

• Waste consisting of

– Clay, concrete, rock, sand, soil or other inert mineralogicalmatter, not exceeding chemical limits specified in EPRegulations for Waste Fill

• If chemical concentrations do exceed Waste fill, but does notexceed the ‘Intermediate’ criteria, then this clay, concrete, rock,sand, soil or other mineralogical matter is classified asIntermediate. This soil/mineral industrial residue/recycled concretemay then be reused subject to the Standard inclusive of the Auditorprotocol section 6.1.3.

Waste Fill Intermediate

Demonstrate suitable incompliance with Standard

If PCA, to Non-sensitiveonly unless Auditor (notindustrial residues)

Demonstrate suitable incompliance with Standard(SMP, Interim advice, EPAapproval)

Non-sensitive

Waste

Waste Derived Fill

Approvals

– Site specific factors to be considered on a risk basis todetermining the suitability of the WDF at that particularsite.

– 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 andprevention of harm

Auditor Protocol Triggers

WDF

• When waste soil, or Industrial residue, or residue/product fromrecycling activity proposed for offsite reuse exceed Waste Fillcriteria

• When waste soil from PCA meets Waste Fill criteria butproposed for offsite reuse to sensitive site

Auditor Protocol

Auditor Protocol for WDF > Waste Fill criteria

– Auditor prepares audit criteria

– Auditor endorses Site Management Plan – InterimAudit Advice

• characterisation of suitable wastes - specificapproval of all materials.

• ID Project manager & Land & Mgmt procedures

– Site Management Plan and Interim Audit advicesubmitted to EPA. EPA reviews and advises if inaccordance with WDF Standard and hence whetherreuse can occur in accordance with the proposalwithout authorisation as a waste or recycling depot.

Auditor Protocol for WDF > Waste Fill criteria

– EPA Approval for commencement of use is contingenton the expert information provided by the auditorendorsed proposal and compliance with the Auditorprotocol.

– The EPA may also advise on any other relevant legalrequirements of the EP Act, such as if a licence isneeded, which may be separate from the issue ofwhether there is a risk of harm in managing the waste.

– Site Audit Report by Site Contamination Auditoraccredited Environment Protection Act 1993

• Waste soil must be demonstrated as suitable prior to transportand reuse.

• Only an auditor can certify waste soil from a PCA as suitable forreuse at a sensitive site.

• When a waste soil exceeds waste fill criteria, it must be subject tothe Auditor Protocol as specified in section 6.1.3 and may onlycontain negligible amounts of foreign material. For guidance oninclusions - the NSW exemption for Excavated Natural Material.

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 vegetablematter 0.1 0.1 0.2

C&D Fines"batchprocess" 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 0.3Plastics - light flexible film 0.05 0.05 0.1

Exacated Natural

materialRubber, 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 wastemanagement hierarchy consistently with the principles ofecologically sustainable development to policy anddeterminations 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 resourcerecovery (subject to specific exemptions)

– Clause 4 for waste derived products