Waste Electrical and Electronic Equipment (WEEE) and Waste Cooling Equipment (WCE) : appropriate measures for permitted facilities

Contact

Alan Owers (WEEE)

(Peter Chesney (WCE))

alan.owers@environment-agency.gov.uk

peter.chesney@environment-agency.gov.uk

Results updated 24 May 2022

We wanted to hear your views on our draft technical guidance setting out the appropriate measures for permitted facilities that transfer or treat Waste, Electrical and Electronic Equipment (WEEE) and the additional appropriate measures for Waste Cooling Equipment (WCE).

WCE is a category of WEEE and therefore facilities that take WCE for treatment or transfer will need to comply with the WCE appropriate measures in addition to the relevant appropriate measures of the WEEE guidance.

Through the guidance, our aim is to drive improvements in the design and operation of permitted facilities in the WEEE sector. We also want to ensure that, where relevant, appropriate measures are applied consistently. Our guidance also incorporates the relevant requirements of the waste treatment BAT conclusions, made under the European Industrial Emission Directive (2010/75/EU), which apply to waste installation facilities permitted under the Directive.

We shared an early pre-consultation version of the draft guidance with key stakeholders in August 2020, to hear their views to help us shape the formal consultation questions and key topics of interest.

Unless specifically stated in the guidance, our appropriate measures set out will apply to all permitted waste facilities that accept WEEE for transfer or treatment, including both waste installation and waste operation facilities.

Once published the guidance will apply to new permitted or substantially changed waste management facilities that accept WEEE from the date of publication. We will implement this through the environmental permit application process. Our guidance will also apply to relevant existing facilities through a process of permit review.

The existing Standard Rules that apply to operations involving the treatment or transfer of WEEE will be reviewed once the revised guidance has been published. This will ensure they provide an appropriate level of environmental protection and require appropriate measures and standards to be met.

We ran the formal online consultation on the Environment Agency Citizen Space website for 8 weeks, from 12 July 2021 until 5 September 2021. We consulted on the appropriate measures for WEEE and the additional appropriate measures for WCE in the same consultation, to make it easier for consultees to answer questions on both subjects, should they want to.

The WEEE consultation asked 21 questions relating to specific aspects of the draft guidance and asked for any additional comments.

The WCE consultation asked 10 questions relating to specific aspects of the draft guidance and asked for any additional comments.

We received 25 responses to the online consultation. Not all responses provided an answer to the questions asked, however we have considered all responses received.

We received 8 responses from operators of permitted waste management facilities. We also received:

7 responses from WEEE producer compliance schemes
5 responses from WEEE trade associations, bodies and forums
2 responses from consultancies
1 response from a WEEE refurbishment and repair company
1 response from a local waste disposal authority
1 response from a water industry company

This is a summary of our key findings from your consultation comments and the actions we will take in response to them. For further information regarding the consultation responses received and how they have been considered please view our WCE and WEEE appropriate measures Consultation Response Documents, which can be found on here.

Waste, Electrical and Electronic Equipment Summary of findings

A number of your responses raised concerns about the lack of clarity concerning the scope of the guidance. You said it was not clear whether it applied to sites such as house-holder waste sites which, although they don't specialise in WEEE treatment, still handle WEEE. We will amend the introduction to make it clearer that the guidance applies to any site that transfers or treats WEEE and use metal recycling sites and house-holder waste sites as examples.

Several of you also challenged the statement which said that sites transferring or treating WEEE under an exemption should follow the relevant parts of the guidance. Some felt that this represented an unreasonable regulatory burden on exempt operators whilst others wanted the wording strengthened to make it compulsory. We cannot make the guidance mandatory for exemptions, but we do recommend that they follow the relevant parts. We will amend the wording to make it clearer that by following the guidance, operators of exempt sites and exemption T11 in particular, will be helping to make sure they comply with the exemption, Best Available Treatment Recovery and Recycling Techniques (BATRRT) and avoid endangering human health or the environment.

The majority of your responses did not support the measures proposed on waste tracking. We have given this extensive consideration and we do recognise it is unreasonable to require the tracking of individual appliances. However, the Best Available Techniques (BAT) conclusions show that a waste tracking system and inventory is BAT for all waste treatment installations. As a result, we will retain the need for a waste tracking system in the guidance but be clear that it relates to loads received.

There was overwhelming support for measures that are intended to mitigate against the fire risk posed by lithium ion batteries in WEEE. Everyone expressing an opinion supported the measure prohibiting the use of compaction or pressure to increase payloads of small mixed WEEE (SMW) in containers. The requirement to remove replaceable batteries from SMW before mechanical treatment also received strong support so both of these measures will be retained. Some argued that batteries should be removed at the point of collection or that SMW containing batteries should be collected separately from that which does not. Whilst these are both reasonable steps that could be taken to help achieve the outcome required, we think it would be unduly prescriptive to specify them as appropriate measures at the current time.

You gave us a wide range of views about weatherproof covering for storage areas. Some felt the requirement went too far whilst others suggested it should be extended to cover other types of WEEE. We will amend the guidance to clarify there may be circumstances outside of the examples given where weatherproof covering is required. We will also remove the inconsistencies that were highlighted.

Considering your views made about the use of the term 'sealed containers', we will amend the guidance to use the word 'leakproof' where a container must prevent the escape of liquids and 'gas-tight' where it must prevent the escape of gases or vapours.

One response proposed very detailed comments on the treatment and transfer of photovoltaic panels (solar panels). At this stage we have not included them, but we recognise this is a developing area and will work with industry in the future to develop further appropriate measures where required.

There was overwhelming support for the proposal to include an annual mass balance exercise for all WEEE streams being treated at a site. This will be retained as a tool to monitor the performance of sites and ensure they are performing optimally.

Most of the consultation responses opposed the proposed limit of 10 mg/kg of mercury in recyclable metals from the treatment of waste lamps. Arguments put forward included the unreliability of analytical methods to measure mercury sufficiently accurately and precisely at such a concentration and also the likely need for additional heating being required to get below this concentration. In view of the fact the Cenelec standard sets a limit of 100 mg/kg, and this does not restrict the recycling of the metal, we will amend the guidance to set a limit of 100 mg/kg. However, we will keep this under review.

Most of the consultation responses supported a limit of 200 mg/kg of mercury in the phosphor powders removed from lamps but opposed the same limit for fines fractions from the mechanical treatment of flat panel display equipment. This was because lamps only make up a small proportion of a TV or monitor. However, mercury concentrations in the phosphor powders are likely to be similar regardless of whether they come from conventional lamps or from backlights in a display device. We will retain the 200 mg/kg limit but make it clear that it relates only to phosphor powders and fines destined for disposal.

Some consultation responses suggested there were potential conflicts between the appropriate measures guidance and the existing BATRRT for the treatment of WEEE. The main example given concerns the wording around the removal of batteries from WEEE. Under BATRRT which is now more than 15 years old, only batteries that can be removed prior to mechanical treatment and internal hazardous batteries have to be removed whole - others can be removed as materials. In view of the fire risk associated with the treatment of lithium ion batteries, which are non-hazardous waste, we no longer believe this is a reasonable position to take and the new guidance stipulates that all batteries should be removed whole, that is intact and identifiable.

Waste Cooling Equipment Summary of findings

We will change the term used for the waste electrical equipment covered by the guidance from WCE, to waste temperature exchange equipment (WTEE). We have decided to do this because the primary function of some relevant equipment, for example heat pumps, is not necessarily associated with cooling. Also, the term 'temperature exchange equipment' is referred to in the 2018 Waste Treatment Best Available Technique (BAT) reference document.

A significant number of your responses raised concerns regarding the 90% blowing agent minimum recovery rate for the stage 2 treatment of WCE, particularly if expected to be achieved and demonstrated through ongoing operation. In response to the concerns raised, we will revise the guidance to include an additional annual assessment of blowing agent recovery based upon the treatment of a representative sample of WCE, to which the 90% recovery rate will apply. A revised minimum recovery rate of 80% will be applied to the assessment of ongoing plant operation, which treatment plant will be assessed against monthly and report to us quarterly. We will keep the minimum recovery rates and theoretical blowing agent figures and calculations contained in the guidance under review to ensure they are appropriate and represent BAT.

The requirements of the guidance regarding the assessment and reporting of refrigerant recovery from stage 1 degassing treatment plant will largely remain as detailed in the consultation draft. It will be based upon the treatment of a representative sample of WCE, assessed against the minimum recovery rate of 90%, and carried out on a 6 monthly basis. At least until sufficient data has been collected demonstrating consistent achievement of the minimum recovery rate. This is consistent with the waste treatment Conclusions document, which states that treatment processes must achieve refrigerant removal of at least 90%.

The maximum storage time for WCE stated in the guidance will remain at 3 months, as this is consistent with the maximum storage time permitted in the majority of existing WTEE treatment permits. We are not aware of any significant compliance issues relating to the achievement of these timescales. Additional storage time may be justified and agreed on a local basis if needed for a limited period in response to incidents or for site contingency purposes. In response to consultation comments, the maximum storage height for WCE will be increased from 3.5 metres (m) to 3.6m.

In response your comments, the guidance will be amended to confirm that on-site tracking of WCE can be done by load received, rather than by individual item of equipment. Operators must have measures and procedures in place to ensure that wastes will not be stored for longer than permitted storage times and that the permitted capacity of storage areas and the site are not exceeded. This is consistent with the waste treatment BAT Conclusions document, which requires all waste treatment installations to have a waste tracking system and up-to-date site inventory.

The requirements for the storage and management of damaged WCE will remain largely as they were in the consultation version of the guidance, for example, stored under weatherproof covering and prioritised for treatment or transfer. However, in response to your comments, our guidance will clarify that damaged WCE should be prioritised for treatment or transfer where it is safe and possible to do so. The reference to ‘within 24 hours’ will be removed, so that it is consistent with the requirements of the WEEE appropriate measures guidance.

Following consideration of the consultation responses received we will finalise the text of the guidance document for publication. We will publish the finalised guidance on the gov.uk website. The appropriate measures guidance for WCE will be published alongside the appropriate measures guidance for WEEE. Permitted facilities that treat or transfer WCE must meet the appropriate measures for WCE in additional to the relevant appropriate measures for the treatment or transfer of WEEE. If you want to follow up on your response or our conclusions in more detail are welcome to email us at wastetreatment@environment-agency.gov.uk.

Overview

Thank you for your views on our consultation. It has attracted a large number of detailed responses which we are currently working through. We are aiming to publish our final response on Gov.uk and Citizen Space by Spring 2022, so we can consider all your comments and decide on our next steps.

If you have any further questions specifically about this consultation, please contact us at alan.owers@environment-agency.gov.uk or peter.chesney@environment-agency.gov.uk.

We are consulting on our new guidance for permitted facilities that treat or transfer waste electrical and electronic equipment (WEEE). We have presented the guidance for waste cooling equipment (WCE) separately for ease of reference but this is supplementary to the WEEE guidance which also applies to the storage and treatment of WCE where relevant.

Our proposed guidance aims to update and expand the principle set out in Defra's 2006 publication 'Guidance on Best Available Treatment Recovery and Recycling Techniques (BATRRT) and treatment of Waste Electrical and Electronic Equipment (WEEE)'. It also incorporates the relevant requirements of the waste treatment BAT Conclusions publication, made under the European Industrial Emission Directive (2010/75/EU), which apply to waste installation facilities permitted under the Directive.

The revised guidance has been produced in order to deliver improvements in the operation of permitted facilities in the WEEE treatment sector by making the relevant standards clear, consistent and enforceable.

Guidance:

Please see below or click here for Waste electrical and electronic equipment (WEEE): appropriate measures for permitted facilities.

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Please see below or click here for Waste cooling equipment (WCE): appropriate measures for permitted facilities guidance.

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Why your views matter

The purpose of this consultation is to engage with relevant stakeholders to obtain their views on the proposed technical guidance.

What happens next

We will review and revise the guidance using the responses we receive as part of this consultation. Our response to the consultation should be available on this page and on Gov.uk in Spring 2022.

Thank you for your interest in this consultation, please use the the contact details on this page if you would like to get in touch with us.

Alan Owers – alan.owers@environment-agency.gov.uk

Pete Chesney – peter.chesney@environment-agency.gov.uk

Audiences

Businesses
Statutory organisations
Members of the public

Interests

Business and industry
Waste
Permits
Environmental permitting