Draft Regulations laid before Parliament under section 4(8) and 143(5)(b) of the Environment Act 2021, for approval by resolution of each House of Parliament.
2022 No. 0000
The Environmental Targets (Residual Waste) (England) Regulations 2022
Made
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1 and 6(1) of the Environment Act 20211 (“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 application1
1
These Regulations may be cited as the Environmental Targets (Residual Waste) (England) Regulations 2022.
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 target2
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.
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.
Measurement3
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 year2.
Reporting date4
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.
Interpretation5
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;
- a
“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 waste3;
“waste” has the same meaning as in section 75(2) of the Environmental Protection Act 19904 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.
SCHEDULEExcluded 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 |
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) |
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 |
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 |
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 |
(This note is not part of the Regulations)