Guidance

Request a resource framework to show when a material has ceased to be waste

By getting an approved framework, you’ll be able to show when a material has reached end of waste status.

Applies to England

Quality protocols currently give end of waste frameworks in England. Resource frameworks will replace these. Each one will be specific to a particular type of waste.

By using a resource framework, you’ll be able to identify the point at which waste, once fully recovered, becomes a non-waste product. This means the waste derived material can be used in specific markets without the need for waste regulation controls.

By doing this you can reduce waste and support the circular economy. Minimising waste and its environmental impact could also help you comply with your permit.

You can contact the Environment Agency to request a new resource framework.

The time and cost involved in producing a new resource framework will vary, depending on the complexity of the request. But it’s likely to:

  • take a minimum of 12 to 18 months
  • cost you more than £40,000, as these are the likely total fees for the Environment Agency’s work

Before you ask for a resource framework

You can email resourcesframeworks@environment-agency.gov.uk to ask for initial advice.

The resource framework team can give up to one hour of advice for free. As part of this they will tell you if they need to charge you for more advice.

How to prepare your request

Prepare the following information so the Environment Agency can assess if your request is suitable.

1. Summarise the materials or waste streams that the resource framework will apply to and where they have come from.

2. Describe the final uses or markets for the waste derived material.

3. Prepare a draft factory production control.

4. Prepare a list of the benefits of the new resource framework. This must include:

  • the annual tonnage of the waste stream
  • an indication of the regulatory savings that are likely to be achieved through deregulation
  • any positive economic benefit (which is likely to be the regulatory saving plus any increase in product prices or market share)
  • the amount diverted from landfill (if this applies)
  • the cost saving of diverting from landfill (if this applies)
  • the reduction in waste tonnages produced

5. Prepare the product specification for the waste derived material.

6. Identify the comparator material.

7. Prepare a full composition analysis including the waste derived material and the comparator material. You must make sure the data you send to the Environment Agency is complete, statistically robust and accounts for compositional variation in the waste stream.

8. Prepare a detailed description and evidence about how the final material satisfies the end of waste or by-product test.

Send all of the information in your proposal to resourcesframeworks@environment-agency.gov.uk.

Once the Environment Agency has received your request, you’ll be asked to:

  • agree to the terms and conditions of the service
  • pay an initial £900 fee (£750 plus VAT) for a suitability check

How the suitability check works

Once you’ve paid the initial fee, the Environment Agency will consider if your request is suitable for a resource framework.

They will consider if:

  • there’s already a framework for this material
  • the proposed framework will undermine or adversely impact wider environmental regulation
  • the proposed framework is for legitimate reasons and is workable
  • issues raised by previous cases, or earlier attempts at a framework for the same waste stream, have been resolved
  • the Environment Agency has enough time, money and capacity to complete the project
  • there is clear evidence that the project has enough financial support for it to be completed

If the Environment Agency does not think your proposal is suitable for a resource framework, they’ll contact you to explain why.

If the Environment Agency decides your proposal is suitable, they’ll contact you to begin the full assessment process.

The full assessment process for suitable proposals

The Environment Agency will arrange the following steps with you.

  1. Set up a technical advisory group (TAG) and terms of reference.

  2. Create a risk assessment – you’ll need to pay any costs involved.

  3. Create a financial impact assessment – you’ll need to pay any costs involved.

  4. Send the completed risk assessment and financial impact assessment to the TAG for peer review.

  5. Discuss the risk assessment and financial impact assessment with the TAG. Agree any changes that are needed.

  6. Create a technical report on whether the resource framework is viable. The Environment Agency will then make a decision on this.

  7. Draft the resource framework with the TAG.

  8. The Environment Agency will consult with the public on the resource framework, financial impact assessment and risk assessment.

  9. Assess the consultation responses and agree changes to the resource framework (if necessary) with the TAG.

  10. The Environment Agency will then publish the resource framework on GOV.UK.

Complaints and appeals

You cannot appeal against the resource framework team’s decision on your proposal.

If you would like to make a complaint you can follow the Environment Agency’s complaints procedure.

Make end of waste decisions without a resource framework

If there is no resource framework or quality protocol you can use, follow the guidance on how to check if your material is waste.

Alternatively, you can get an opinion from the Environment Agency’s definition of waste service.

Published 6 January 2022