Environment Agency Regulatory Position Statement on waste codes not otherwise specified – ‘99’ codes
On 13th September, the Environment Agency’s (EA’s) regulatory position statement (RPS) 241 was published (see here). It applies in ENGLAND only and allows operators to accept wastes under different codes, that are not in their waste authorisation or in the quality protocols for composts and digestates, instead of the ‘99’ codes for wastes ‘not otherwise specified’. Those waste authorisations are bespoke and standard rules permits, waste exemptions and Low Risk Waste Positions in the biowaste treatment and materials to land sectors.
Following feedback from the REA and others in the Biowaste Regulatory Forum, the EA has also covered ‘not otherwise specified’ codes within the Compost Quality Protocol and Anaerobic Digestate Quality Protocol.
It sets out different codes and descriptions an operator must use if they wish to treat a specific waste, stating for each of the forty-three ’99’ codes which permits and/or exemptions they apply to and which replacement code and description must be used for that waste.
In their email to key stakeholders the EA said they will ‘address the coding via changes to standard rules and bespoke permits as part of permit review and also make changes to codes as part of the ongoing exemption review. We can also pick up coding through the QP reviews.’ RPS 241 applies until the relevant waste authorisations and quality protocols are amended or this RPS is withdrawn. It will be reviewed by 31 August 2022.
Here at the REA we’re interested to hear in due course your stories of using recoded wastes under this RPS and how valuable you find it (contact [email protected]).