The Environmental Targets (Residual Waste) (England) Regulations 2023 (S.I. 2023 No. 92)

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. This Statutory Instrument has been published in substitution of the S.I. of the same number which did not accurately reflect the date on which it was signed by the Minister. It is therefore being issued free of charge to all known recipients of that Statutory Instrument. STATUTORY INSTRUMENTS 2023 No. 92 ENVIRONMENTAL PROTECTION, ENGLAND The Environmental Targets (Residual Waste) (England) Regulations 2023 Made - - - - 29th January 2023 Coming into force - - 30th January 2023 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1 and 6(1) of the Environment Act 2021(1) (“the 2021 Act”). In accordance with section 4(1) and (2) of the 2021 Act, the Secretary of State has sought advice from persons the Secretary of State considers to be independent and to have relevant expertise, and is satisfied that the target in these Regulations can be met. In accordance with sections 4(8) and 143(5)(b) of the 2021 Act, a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament. Citation, commencement, extent and application 1.—(1) These Regulations may be cited as the Environmental Targets (Residual Waste) (England) Regulations 2023. (2) These Regulations come into force on the day after the day on which they are made. (3) These Regulations extend to England and Wales but apply in relation to England only. Residual waste long-term target 2.—(1) This regulation specifies a target (“the residual waste long-term target”) for the purposes of the Secretary of State’s duty in section 1 of the 2021 Act to set a long-term target in respect of a matter within the area of resource efficiency and waste reduction. (2) The residual waste long-term target is that by the end of 31st December 2042 the total mass of residual waste for the calendar year 2042 does not exceed 287 kilograms per head of population in England. (1) 2021 c. 30. http://www.legislation.gov.uk/id/ukpga/2021/30 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. (3) In paragraph (2), “residual waste” means any waste, other than excluded waste, which— (a) originated in England; and (b) is treated by a method specified in paragraph (4) in the year in question. (4) The methods referred to in paragraph (3)(b) are that the waste is— (a) sent to landfill in the United Kingdom; (b) put through incineration in the United Kingdom; (c) used in energy recovery in the United Kingdom; or (d) sent outside the United Kingdom for energy recovery. Measurement 3. For the purpose of determining whether the target in regulation 2(2) is met, the population of England in 2042 is to be determined by reference to the Office for National Statistics annual mid year population estimates for that year(2). Reporting date 4. For the purposes of section 6(1) of the 2021 Act, the reporting date for the target in regulation 2(2) is 31st January 2044. Interpretation 5. In these Regulations— “the 2021 Act” means the Environment Act 2021; “energy recovery” means any waste treatment, excluding anaerobic digestion, which generates energy such as electricity or heat or which converts the waste into other energy products such as fuels and substitute natural gas; “excluded waste” means— (a) waste of a type set out in the table in the Schedule; or (b) ferrous metals removed from bottom ash, with the waste code 19 01 02, which have been put through incineration or used in energy recovery in the United Kingdom and then sent for recycling; “the List of Waste” means the list set out in the Annex to Commission Decision 2000/532/ EC replacing Decision 94/3/EC establishing a list of waste and Council Decision 94/904/EC establishing a list of hazardous waste(3); “waste” has the same meaning as in section 75(2) of the Environmental Protection Act 1990(4) as it extends to England and Wales; “waste code” in relation to a description of waste, means the code given to that description of waste in the List of Waste. (2) Estimates of the population for the UK, England and Wales, Scotland and Northern Ireland - Office for National Statistics (ons.gov.uk) (3) EUDN 2000/532, as amended by S.I 2020/1540. (4) 1990 c.43. Section 75(2) as it extends to England and Wales was substituted by S.I. 2011/988 and amended by S.I. 2019/620. There are other amendments to section 75 which are not relevant. 2 http://www.legislation.gov.uk/european/decision/2000/0532 http://www.legislation.gov.uk/european/decision/2000/0532 http://www.legislation.gov.uk/european/decision/1994/0003 http://www.legislation.gov.uk/european/decision/1994/0904 https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/datasets/populationestimatesforukenglandandwalesscotlandandnorthernireland https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/populationestimates/datasets/populationestimatesforukenglandandwalesscotlandandnorthernireland http://www.legislation.gov.uk/id/uksi/2020/1540 http://www.legislation.gov.uk/id/ukpga/1990/43 http://www.legislation.gov.uk/id/uksi/2011/988 http://www.legislation.gov.uk/id/uksi/2019/620 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 29th January 2023 Trudy Harrison Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs 3 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. SCHEDULE Regulation 5 Excluded waste 1. The table sets out the types of waste which are excluded waste for the purposes of the definition of residual waste. 2. The first column of the table sets out the relevant waste code. 3. The second column of the table sets out the relevant waste description in the List of Waste. Waste Code Waste Description 01 01 01 Wastes from mineral metalliferous excavation 01 01 02 Wastes from mineral non-metalliferous excavation 01 03 04 Acid-generating tailings from processing of sulphide ore 01 03 05 Other tailings containing hazardous substances 01 03 06 Tailings other than those mentioned in 01 03 04 and 01 03 05 01 03 07 Other wastes containing hazardous substances from physical and chemical processing of metalliferous minerals 01 03 08 Dusty and powdery wastes other than those mentioned in 01 03 07 01 03 09 Red mud from alumina production other than the wastes mentioned in 01 03 10 01 04 07 Wastes containing hazardous substances from physical and chemical processing of non-metalliferous minerals 01 04 08 Waste gravel and crushed rocks other than those mentioned in 01 04 07 01 04 09 Waste sand and clays 01 04 10 Dusty and powdery wastes other than those mentioned in 01 04 07 01 04 11 Wastes from potash and rock-salt processing other than those mentioned in 01 04 07 01 04 12 Tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04 07 and 01 04 11 01 04 13 Wastes from stone cutting and sawing other than those mentioned in 01 04 07 01 05 04 Fresh-water drilling muds and wastes 01 05 06 Drilling muds and other drilling wastes containing hazardous substances 01 05 07 Barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 01 05 08 Chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 02 04 01 Soil from cleaning and washing beet 02 04 02 Off-specification calcium carbonate 05 01 05 Oil spills 4 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Waste Code Waste Description 06 07 01 Wastes containing asbestos from electrolysis 06 09 03 Calcium-based reaction wastes containing or contaminated with hazardous substances 06 09 04 Calcium-based reaction wastes other than those mentioned in 06 09 03 06 11 01 Calcium-based reaction wastes from titanium dioxide production 06 13 04 Wastes from asbestos processing 08 02 02 Aqueous sludges containing ceramic materials 08 02 03 Aqueous suspensions containing ceramic materials 10 03 05 Waste alumina 10 09 05 Casting cores and moulds which have not undergone pouring containing hazardous substances 10 09 06 Casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05 10 09 07 Casting cores and moulds which have undergone pouring containing hazardous substances 10 09 08 Casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07 10 09 14 Waste binders other than those mentioned in 10 09 13 10 10 05 Casting cores and moulds which have not undergone pouring, containing hazardous substances 10 10 06 Casting cores and moulds which have not undergone pouring other than those mentioned in 10 10 05 10 10 07 Casting cores and moulds which have undergone pouring, containing hazardous substances 10 10 08 Casting cores and moulds which have undergone pouring other than those mentioned in 10 10 07 10 11 03 Waste glass-based fibrous materials 10 11 05 Particulates and dust 10 11 09 Waste preparation mixture before thermal processing, containing hazardous substances 10 11 10 Waste preparation mixture before thermal processing, other than those mentioned in 10 11 09 10 11 13 Glass-polishing and grinding sludge containing hazardous substances 10 11 14 Glass-polishing and grinding sludge other than those mentioned in 10 11 13 10 12 01 Waste preparation mixture before thermal processing 10 12 08 Waste ceramics, bricks, tiles and construction products (after thermal processing) 5 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Waste Code Waste Description 10 12 11 Wastes from glazing containing heavy metals 10 12 12 Wastes from glazing other than those mentioned in 10 12 11 10 13 01 Waste preparation mixture before thermal processing 10 13 04 Wastes from calcination and hydration of lime 10 13 06 Particulates and dust (except 10 13 12 and 10 13 13) 10 13 09 Wastes from asbestos-cement manufacture containing asbestos 10 13 10 Wastes from asbestos-cement manufacture other than those mentioned in 10 13 09 10 13 11 Wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10 10 13 14 Waste concrete and concrete sludge 11 02 02 Sludges from zing hydrometallurgy (including jarosite, goethite) 12 01 16 Waste blasting material containing hazardous substances 12 01 17 Waste blasting material other than those mentioned in 12 01 16 12 01 20 Spent grinding bodies and grinding materials containing hazardous substances 12 01 21 Spent grinding bodies and grinding materials other than those mentioned in 12 01 20 15 01 11 Metallic packaging containing a hazardous solid porous matrix (for example asbestos), including empty pressure containers 16 01 11 Brake pads containing asbestos 16 02 12 Discarded equipment containing free asbestos 16 11 01 Carbon-based linings and refractories from metallurgical processes containing hazardous substances 16 11 02 Carbon-based linings and refractories from metallurgical processes other than those mentioned in 16 11 01 16 11 03 Other linings and refractories from metallurgical processes containing hazardous substances 16 11 04 Other linings and refractories from metallurgical processes other than those mentioned in 16 11 03 16 11 05 Linings and refractories from non-metallurgical processes containing hazardous substances 16 11 06 Linings and refractories from non-metallurgical processes other than those mentioned in 16 11 05 17 01 01 Concrete 17 01 02 Bricks 17 01 03 Tiles and ceramics 6 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Waste Code Waste Description 17 01 06 Mixtures of, or separate fractions of concrete bricks, tiles and ceramics containing hazardous substances 17 01 07 Mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 17 02 04 Glass, plastic and wood containing or contaminated with hazardous substances 17 03 01 Bituminous mixtures containing coal tar 17 03 02 Bituminous mixtures other than those mentioned in 17 03 01 17 03 03 Coal tar and tarred products 17 05 03 Soil and stones containing hazardous substances 17 05 04 Soil and stones other than those mentioned in 17 05 03 17 05 05 Dredging spoil containing hazardous substances 17 05 06 Dredging spoil other than those mention in 17 05 05 17 05 07 Track ballast containing hazardous substances 17 05 08 Track ballast other than those mentioned in 17 05 07 17 06 01 Insulation materials containing asbestos 17 06 03 Other insulation materials consisting of or containing hazardous substances 17 06 04 Insulation materials other than those mentioned in 17 06 01 and 17 06 03 17 06 05 Construction materials containing asbestos 17 08 01 Gypsum-based construction materials contaminated with hazardous substances 17 08 02 Gypsum-based construction materials other than those mentioned in 17 08 01 17 09 01 Construction and demolition wastes containing mercury 17 09 03 Other construction and demolition wastes (including mixed wastes) containing hazardous substances 17 09 04 Mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02, and 17 09 03 19 01 05 Filter cake from gas treatment 19 01 06 Aqueous liquid wastes from gas treatment and other aqueous liquid wastes 19 01 07 Solid wastes from gas treatment 19 01 11 Bottom ash and slag containing hazardous substances 19 01 12 Bottom ash and slag other than those mentioned in 19 01 11 19 01 13 Fly ash containing hazardous substances 19 01 14 Fly ash other than those mentioned in 19 01 13 7 Document Generated: 2023-02-07 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Waste Code Waste Description 19 01 15 Boiler dust containing hazardous substances 19 01 16 Boiler dust other than those mentioned in 19 01 15 19 01 17 Pyrolysis wastes containing hazardous substances 19 01 18 Pyrolysis wastes other than those mentioned in 19 01 17 19 01 19 Sands from fluidised beds 19 01 99 Wastes not otherwise specified 19 07 02 Landfill leachate containing hazardous substances 19 07 03 Landfill leachate other than those mentioned in 19 07 02 19 08 02 Waste from desanding 19 09 01 Solid waste from primary filtration and screenings 19 12 09 Minerals (for example sand, stones) 19 13 01 Solid wastes from soil remediation containing hazardous substances 19 13 02 Solid wastes from soil remediation other than those mentioned in 19 13 01 20 02 02 Soil and stones 20 02 03 Other non-biodegradable wastes EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations, which apply to England, set a long-term target in relation to the reduction of residual waste, which is within the priority area of resource efficiency and waste reduction under section 1 of the Environment Act 2021 (c.30). The Regulations specify the standard to be achieved in respect of the target and the date by which it must be achieved. Regulation 2 makes provision in respect of a long-term target to ensure that the total mass of residual waste per head of population in England does not exceed 287 kilograms by 31st December 2042. Regulation 3 makes provision in relation to how the target is to be measured. Regulation 4 provides that the reporting date for the target is 31st January 2044. Regulation 5 makes provision for, amongst other things, a definition of “excluded waste”. Schedule 1 makes further provision in relation to the definition of “excluded waste”. A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 2 Marsham Street, London SW1P 4DF, and is published with an Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk. 8 http://www.legislation.gov.uk/id/ukpga/2021/30 http://www.legislation.gov.uk