Consultation outcome

WCE: appropriate measures for permitted facilities – a summary of consultation responses

Updated 1 August 2022

1. Introduction

The purpose of this consultation was to engage with relevant stakeholders to get their views on draft technical guidance. The guidance sets out the appropriate measures for permitted facilities that transfer or treat waste cooling equipment (WCE). These are additional measures to the relevant requirements set out in ‘Waste electrical and electronic equipment (WEEE): appropriate measures for permitted facilities’.

The guidance aims to improve how permitted facilities in the WEEE sector are designed and operated. It will also make sure that, where relevant, appropriate measures are applied consistently. The guidance also incorporates the relevant requirements of the waste treatment best available techniques (BAT) conclusions, made under the European Industrial Emission Directive (2010/75/EU). These apply to waste installation facilities permitted under the Directive.

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

From its publication date, the guidance will apply to newly permitted, or substantially changed, waste management facilities that accept WCE. The Environment Agency will implement this through the environmental permit application process. The guidance will also apply to relevant existing facilities and the Environment Agency will do this through permit reviews.

Once they have published the new guidance, the Environment Agency will review the existing standard rules for operations that treat or transfer WCE. This will make sure these standard rules provide an appropriate level of environmental protection and will require operators to meet appropriate measures and standards.

2. How we ran the consultation

The Environment Agency shared an early pre-consultation draft of the guidance with stakeholders in August 2020. This was to get initial comments and concerns which could feed into preparing the guidance for the formal online consultation.

The Environment Agency ran the formal online consultation on the Citizen Space website for 8 weeks, from 12 July 2021 until 5 September 2021. At the same time, we also consulted on the associated proposed technical guidance ‘WEEE - appropriate measures for permitted facilities’.

The consultation asked 10 questions about specific aspects of the draft guidance (questions 1 to 10) and asked for any additional comments (question 11).

We received 24 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:

• 6 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

3. Summary of main findings and actions we will take

3.1 Waste cooling equipment

The Environment Agency will change the term used for the waste electrical equipment covered by the guidance. We will change it from waste cooling equipment (WCE), the term used in the consultation version of the guidance, to waste temperature exchange equipment (WTEE). We 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 BAT reference document.

3.2 Blowing agent minimum recovery rate

A significant number of responses raised concerns about the 90% blowing agent minimum recovery rate for the stage 2 treatment of WCE, particularly if we expect operators to achieve and demonstrate this through ongoing operation.

In response to the concerns raised, we will revise the guidance to include an additional annual assessment of blowing agent recovery. This will be based on treating a representative sample of WCE, to which the 90% recovery rate will apply. We will apply a revised minimum recovery rate of 80% when assessing ongoing plant operation. Operators will assess treatment plant performance against this recovery rate on a monthly basis and report to the Environment Agency quarterly. We will keep the minimum recovery rates, and theoretical blowing agent figures and calculations in the guidance under review to make sure they are appropriate and represent BAT.

3.3 Assessing and reporting refrigerant recovery

The requirements for assessing and reporting refrigerant recovery from stage 1 degassing treatment plant will largely stay as detailed in the consultation draft. The requirements will be based on treating a representative sample of WCE and assessed against the minimum recovery rate of 90%. This is consistent with the waste treatment BAT conclusions document which states that treatment processes must achieve refrigerant removal of at least 90%. Operators must carry this out on a 6 monthly basis (at least until they have collected enough data to demonstrate they are consistently achieving the minimum recovery rate).

3.4 Maximum storage time for WCE

The maximum storage time for WCE stated in the guidance will stay as 3 months. This is consistent with the maximum storage time allowed in the majority of existing WTEE treatment permits. We are not aware that meeting this timescale has caused any significant compliance issues. Operators may be able to justify and agree additional storage time on a local basis, if needed for a limited period. This would be for dealing with incidents or for site contingency purposes. In response to consultation comments, we will increase the maximum storage height for WCE from 3.5 m to 3.6 m.

3.5 On site tracking of WCE

In response to consultation comments, we will amend the guidance to confirm that operators can carry out on-site tracking of WCE by load received, rather than by individual item of equipment. Operators must have measures and procedures in place to make sure they will not store wastes for longer than storage times stated in their permits, and that they do not exceed the permitted capacity of storage areas and their site. 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.

3.6 Storing and managing damaged WCE

The requirements for storing and managing damaged WCE will stay largely as they were in the consultation version of the guidance. For example, damaged WCE must be stored under weatherproof covering and prioritised for treatment or transfer. However, in response to the comments received, the guidance will clarify that damaged WCE should be prioritised for treatment or transfer where it is safe and possible to do so. We will remove the reference to ‘within 24 hours’ so the guidance is consistent with the requirements of the WEEE appropriate measures guidance.

4. Responses to consultation questions (1 to 11) and our response to these

This section provides a summary of the responses to the consultation questions asked and how we have taken them into account in finalising the appropriate measures guidance.

4.1 Question 1

Section 1 of the guidance introduces the types of WCE and common WCE treatment processes. Do you agree that this section provides an appropriate summary of the types of waste and treatment processes that this guidance applies to?

Summary of responses:

• yes: 3
• no: 11
• do not know: 1
• not answered: 8

Most respondents (11) answered ‘no’ to this question.

Several responses asked for the section to include insulation panels cut from relevant equipment (including cold rooms) and vacuum insulation panels. We will update the introduction section of the guidance to include reference to these wastes.

4.2 Question 2

Section 2 of the guidance details the additional general management appropriate measures for WCE, including treatment plant commissioning and accident prevention. Are there any additional measures specific to the treatment or transfer of WCE that you think should be included in this section?

Summary of responses:

• yes: 1
• no: 12
• do not know: 2
• not answered: 8

Most respondents (12) answered ‘no’ to this question, they did not think any other measures should be included.

In response to comments received, we have removed the requirement to determine the PM10 and PM2.5 fractions of emissions to air. We have replaced this with a general requirement to characterise emissions for relevant substances and parameters.

4.3 Question 3

Section 3 of the guidance details the additional appropriate measures for waste pre-acceptance, acceptance and tracking for WCE. Are there any additional measures specific to the treatment or transfer of WCE that you think should be included in this section?

Summary of responses:

• yes: 1
• no: 11
• do not know: 3
• not answered: 8

Most respondents (11) answered ‘no’ to this question, they did not think any other measures should be included.

Concerns were raised about the waste tracking requirements for WEEE and WCE received on-site. Tracking waste received at a permitted facility is a standard requirement across the waste sector. It is a requirement of the waste treatment sector BAT conclusions document and the BAT reference document.

It is important that operators track waste once it has been received so that, for example:

• it is not stored for longer than the maximum permitted waste storage time
• waste does not accumulate at a facility

It is also important to make sure that a facility stays below its maximum permitted storage capacity. And this can be done by keeping an up-to-date site inventory and being able to track waste back to the customer from which it was received, if required.

In response to the concerns raised, we will confirm in the guidance that waste tracking should be based on the load of waste received and that operators do not need to track each item of waste equipment separately.

Comments were received questioning the need to check and, where possible, empty WCE of non-compliant items (including food) before it is moved to storage. We still believe that this is an appropriate measure to prevent operators storing:

• equipment containing organic waste that could decompose and cause odour or attract pests
• other non-conforming waste items (for example, gas cylinders) that could pose a hazard during storage or treatment

4.4 Question 4

Sections 3.2 and 4 of the guidance include appropriate measures that require damaged WCE to be stored under weatherproof covering, in a well-ventilated area away from potential sources of ignition and other combustible wastes. They should be prioritised for treatment within 24 hours if this is possible. Do you agree that these are appropriate measures?

Summary of responses:

• yes: 2
• no: 11
• do not know: 2
• not answered: 8

Most respondents (11) answered ‘no’ to this question. They did not agree with the appropriate measures for the management of damaged WCE, for example, through waste acceptance procedures or site inspections.

Consultation responses stated that prioritising damaged equipment for treatment within 24 hours may not always be practicable or possible and is unlikely to have any environmental benefits.

Having considered the responses received, we still believe that prioritising the treatment of damaged equipment is an appropriate measure, where it is safe and possible to do so. This would help prevent or minimise the potential loss of refrigerant, blowing agent or oil. For example, blowing agent gas could be lost from exposed or damaged insulation foam, particularly if stored externally and in direct sunlight. We will remove the reference to treating or transferring waste ‘within 24 hours’, so that it is consistent with the requirements of the WEEE appropriate measures guidance.

The measure in the final guidance will refer to prioritising the transfer of damaged equipment, but qualified with the statement ‘where it is safe and possible to do so’.

Consultation responses also stated that operators should not have to store damaged equipment under weatherproof covering. The requirement to store under cover is consistent with the WEEE Directive and Best available treatment recovery and recycling techniques (BATRRT) requirements to store waste containing hazardous substances and liquids undercover to prevent surface water contamination. Equipment with damaged casing and exposed insulation foam should also be stored under cover to protect it from rainfall and direct sunlight.

The operator will be responsible for having appropriate measures in place to identify and assess damaged equipment. If waste is damaged but assessed as not posing a significant risk of leakage, then it may not need to be stored under cover. For example if:

• the compressor is already missing and there is no visible evidence of leakage
• there is no exposed insultation foam

The requirement to store damaged equipment under weatherproof covering does not mean that operators must store it in a building.

In response to some of the consultation comments received, we will combine and consolidate the appropriate measures for managing damaged waste equipment. We will include them in the storage section of the guidance to make the requirements clearer and avoid unnecessary repetition between sections.

Consultation responses commented that the maximum storage time of 3 months for WCE is not long enough and it should be increased. Three months is the maximum storage time for WCE included in the majority of existing permits. We still believe that it is an appropriate period of time for storing WCE and are not aware that this has created any significant issues in the sector to date.

Operators should manage their waste inventory in a way that makes sure they apply the first-in, first-out, principle and prevents waste accumulating. Operators may be able to agree additional storage time on a local site-specific basis if it is needed for a limited time to deal with incidents or for site contingency.

In response to the consultation comments received, the maximum storage height for stacked WCE will be increased from 3.5 meters to 3.6 meters.

4.5 Question 5

Do you agree that the standards set in Sections 5.1 and 5.2 of the guidance for residues and fractions resulting from the treatment of WCE. For example, standards for residual refrigerant content in oil, residual blowing agent in foam, quantity of foam in plastic and metal fractions, are appropriate measures and represent the use of Best Available Techniques?

Summary of responses:

• yes: 2
• no: 11
• do not know: 2
• not answered: 8

Most respondents (11) answered ‘no’ to this question, they did not agree with the standards in the guidance for residues and fractions produced by the WCE treatment process.

In response to the comments received, we will set the standard for residual blowing agent in treated foam at 0.2% weight/weight. We will apply this standard to all treated foam to promote a consistent level of plant operation, this is regardless of whether the treated foam is held in a contained environment. We will keep this and the other standards in the guidance under review, based upon the data reported to us, to make sure they are appropriate and represent BAT.

Comments received questioned the reference to removing 99% of the refrigerant and oil from the cooling circuits of WCE and said this contradicted the 90% refrigerant recovery standard.

Stage 1 degassing equipment must be capable (by design) of removing and collecting all the refrigerant and oil contained in the equipment. So, removing 99% refers to this requirement, which was also in previous Environment Agency guidance on treating refrigerators and freezers. This is different to the requirement to test and demonstrate that, during the treatment process, you have recovered a minimum of 90% of refrigerants contained in a sample of WCE.

In response to the comments received, we will remove the text from section 5.2 stating that operators must verify they have treated foam to a certain specification (for example, by particle size). We will also confirm that using forced ventilation to prevent explosions is only appropriate if the plant only treats volatile hydrocarbon (VHC) appliances.

In response to the comments received, we will update section 5 of the guidance so it does not suggest that operators must remove external electrical cables from equipment before stage 2 treatment (destruction). However, we will refer to these cables in the introduction as an example of the types of components that operators may remove as part of the stage 1 treatment process. We will also update the guidance to confirm that only these types of capacitors must be removed before stage 2 treatment, those:

• containing polychlorinated biphenyls (PCBs)
• over 25mm in size and containing substances of concern

4.6 Question 6

Sections 5.1 and 5.2 of the guidance include standards for the recovery of oil, refrigerant and blowing agent gases from the treatment of WCE. The guidance states that plant treating WCE must be able to collect at least 90% of the refrigerant and blowing agent gas contained in the equipment. Do you agree that these standards are appropriate measures and represent the use of Best Available Techniques?

Summary of responses:

• yes: 2
• no: 9
• do not know: 4
• not answered: 8

Most respondents (9) answered ‘no’ to this question, they did not agree with the standards in the guidance for the removing and collecting refrigerants, oils and blowing agents from WCE.

The responses raised concerns about whether the blowing agent minimum recovery rate set in the guidance was achievable and about applying it to ongoing routine plant operation. Concerns were also raised about the theoretical values included in the guidance for the foam and blowing agent content of appliances.

We still believe the theoretical blowing agent values in the guidance for the types of WCE treated are the most appropriate ones currently available. In response to the comments received we will base the appropriate measures on the European Committee for Electrotechnical Standardization (CENELEC) figures for central European countries instead of northern European. These may better represent the type of appliances sold and used in England.

We will keep the theoretical values included in the guidance under review to make sure they are the most appropriate and up-to-date figures available. We would also consider any alternative figures industry or operators may put forward if more studies or tests are carried out to determine the foam and blowing agent content of WCE.

In the guidance, we have set the blowing agent minimum recovery rate at the level that represents BAT for treating WCE. Operators must comply with this rate to demonstrate they are operating permitted treatment plant in a way that:

• recovers volatile blowing agent gases and does not emit them to the environment
• achieves the consistent level of plant performance required across the sector

We recognise that existing facilities that cannot currently meet this level of recovery will need an improvement programme to achieve it. Operators will need to propose an improvement programme and agree it with the Environment Agency. They will do this through the permit review process which will implement the new appropriate measures guidance at existing facilities. The Environment Agency expects operators to propose timescales that will deliver the necessary improvements as soon as practicable, taking into account any costs and other constraints (for example, planning or permitting requirements).

In response to the comments made, we will revise the blowing agent recovery requirements in the guidance. They will now include an annual performance assessment as well as the one carried out during ongoing operation – as detailed in the consultation draft. The annual assessment will be based on a representative sample of waste appliances. The minimum recovery rate for this assessment will stay at 90%.

Operators must not include type 4 appliances (for example, large American-style appliances) in this sample unless they can agree appropriate theoretical blowing agent figures with the Environment Agency. This is because theoretical figures for the blowing agent content of these very large appliances are not yet available. We will keep this under review, along with the other existing theoretical values, to make sure they reflect current knowledge.

A minimum recovery rate of at least 80% will apply to the ongoing treatment of appliances, which will be calculated and assessed on a monthly basis and reported quarterly. Operators may need to carry out more frequent reporting (for example, monthly) if they are not meeting the recovery standard at existing facilities and they need to make improvements to achieve it.

The requirements for assessing and reporting refrigerant recovery will remain largely unchanged. These will be a 6 monthly assessment of the refrigerant recovered from a selected representative sample of WTEE, and achieving a minimum of 90% recovery. This is consistent with the waste treatment BAT Conclusions document, which states that treatment processes must remove at least 90% of refrigerant.

Some consultation responses suggested that assessing refrigerant recovery should be carried out and reported on an annual basis. We believe annual assessments are not frequent enough for operators to demonstrate they are consistently treating (degassing) waste appliances to the required standard and preventing emissions to the environment. However, we may review ongoing monitoring and reporting requirements for sites that have been monitoring and assessing for long enough to show they are consistently achieving the minimum recovery rate.

We are satisfied that the refrigerant and blowing agent recovery standards in the guidance represent BAT. We will keep them under review using performance data we receive from permitted treatment facilities in the sector. We will also keep the theoretical blowing agent figures under review to make sure they are appropriate and kept up to date.

4.7 Question 7

Section 6 of the guidance provides appropriate measures for process monitoring and sampling residues and fractions from the treatment of WCE in order to assess and demonstrate compliance with the proposed treatment standards, including those for the recovery of refrigerants and blowing agents. Do you agree that these measures are appropriate?

Summary of responses:

• yes: 1
• no: 8
• do not know: 5
• not answered: 9

The majority of respondents did not answer this question. Of those that did, most (8) answered ‘no’, they did not agree that the measures for process monitoring and the sampling of residues and fractions are appropriate.

For assessing refrigerant recovery, based on a sample of WCE selected before treatment, the guidance says that the operator should only include appliances in the sample that are clearly identified and labelled (for example, if they contain fluorinated or hydrocarbon gases) and are assessed as being in good condition.

The guidance states that appliances selected for the refrigerant recovery assessment should be inspected to confirm they are in good condition and that there are no leaks from the cooling circuit. The guidance will not specify how operators should inspect appliances and check for leaks, which could (for example) be done through visual inspection, using gas detectors or a combination of methods.

We received comments about the requirement to define and identify types of WCE, including defective appliances. We expect operators to have appropriate procedures and training in place to identify and classify WCE received for treatment. These should be based on:

• the size and type of appliance
• whether it contains fluorinated or hydrocarbon gases
• whether it is defective (contains no gas pressure)

Operators already have to identify and report the type and number of appliances treated, to comply with existing permit conditions. Therefore, they should already have procedures and measures (including staff training) in place to achieve this.

As far as possible, operators should identify damaged and potentially defective units and exclude them from the refrigerant recovery assessment set out in Section 6.1 of the draft guidance. However, they can still include potentially defective units treated as part of the assessment in the refrigerant recovery calculations. This is because it will be based on a comparison of the weight of the appliance immediately before and after treatment (it is not based upon the amount of refrigerant originally in the appliance). In response to comments received, we will remove the requirement to record the amount of refrigerant charge in each WCE (from the appliance rating plate or label) as part of the refrigerant recovery assessment.

As detailed in question 6, we will change the blowing agent assessment requirements to include an annual assessment based on a sample of appliances (to which a 90% minimum recovery rate will apply). This will be in addition to the ongoing monthly assessment of blowing agent recovery, which is based on the appliances treated each month and requires a minimum recovery rate of 80%.

The lower 80% recovery rate is not there to allow a lower level of plant performance (or blowing agent recovery) during ongoing routine operation. It has been set to recognise the potential variability in the data because it applies to all appliances treated during the assessment period. For example, variability relating to the types of appliances treated, their condition, identification and the relevant theoretical blowing agent figures.

We recognise that agreed theoretical blowing agent figures for type 4 appliances are not available. The guidance will require operators to exclude these from the annual blowing agent recovery assessment carried out using a selected sample of appliances, unless figures can be agreed for them. The ongoing, monthly assessment of blowing agent recovery is based upon all appliances treated during that period, therefore operators cannot exclude type 4 appliances from this. They should use the theoretical figure for type 3 appliances, as this is the closest figure that is currently available. We will still require operators to record and report the number of type 4 appliances treated so we can keep this under review and take it into account when reviewing and comparing plant performance and the types of WCE treated.

As discussed in questions 6, we are satisfied that the theoretical blowing agent content values in the guidance are the most appropriate and up to date figures available at this time and we will keep them under review.

The guidance does not set any significant extra requirements for compositional tests for oil, foam or gas. They match those currently included in the environmental permits for facilities that treat WCE. These compositional tests and standards are necessary to make sure that treating WCE:

• maximises the recovery and collection of refrigerant and blowing agent from the oil and insulation foam respectively
• minimises the contamination of output residues that can go for recycling (for example, metals and plastics)

The limit for residual blowing agent content in treated foam will be set in the guidance at 0.2% weight/weight. This standard will apply to all treated insulation foam to make sure there is a consistent treatment standard across the sector.

4.8 Question 8

Do you agree that the definitions provided in section 5.3 of the guidance for the types of WCE (type 1 to 4), including defective and damaged units, are appropriate?

Summary of responses:

• yes: 1
• no: 10
• do not know: 4
• not answered: 8

Most respondents (10) answered ‘no’ to this question, they did not agree with the definitions provided in the guidance for the types of WCE, including defective units.

For assessment and reporting purposes, to help identify and define the types of WCE treated (Type 1 to 4) the definitions in the guidance will include descriptive examples of relevant appliances as well as their capacity. For example:

• type 1 appliances include small under-counter refrigerators
• type 2 appliances include standard sized fridge freezers and full height refrigerators

The types and capacities of relevant appliances defined in the guidance are similar to those already listed in environmental permits. They also match those with established theoretical blowing agent values which the guidance states should be used in the blowing agent recovery assessment.

As explained in questions 7, type 4 appliances do not currently have an established or agreed figure for theoretical blowing agent content. Therefore, operators should exclude them from the annual blowing agent recovery assessment based on sample of appliances, unless a figure can be agreed with the Environment Agency.

If an operator treats type 4 appliances as part of routine operations, and therefore includes them in the monthly assessment of blowing agent recovery, they should record the number they treat separately to type 3. Recording and reporting this will allow the operator and Environment Agency to monitor how many type 4 appliances they treated and the proportion it represents of the total treated. This will also allow the Environment Agency to take this into account when reviewing and comparing blowing agent recovery figures across the sector.

When defining defective units, the guidance will use the definition currently in existing permits – that is, an appliance that does not have any gas pressure in the cooling circuit. Operators should identify defective units by visual inspection (for example, no compressor, pressure gauge or manometer shows no gas pressure).

We will keep the definitions of relevant types of WCE, including defective units, under review and will reconsider them in light of any alternative definitions proposed and agreed by the industry sector.

4.9 Question 9

The proposed guidance does not refer to any specific methods or standards for the sampling and testing of residues and materials resulting from WCE treatment processes. However, references are provided to general waste sampling standards and guidance in Section 5.4 of the proposed WEEE appropriate measures guidance. Are there any additional specific methods or standards that you think could be included in the WCE guidance as appropriate measures for the sampling or testing of output residues and fractions?

Summary of responses:

• yes: 4
• no: 7
• do not know: 4
• not answered: 8

The majority of respondents (7) answered ‘no’, we should not include any additional standards or methods in the guidance for sampling or testing residues or fractions from WCE treatment processes.

Some responses suggested that the guidance should refer to the A10 WEEELABEX De-pollution monitoring specification, which details a range of test standards and methods relevant to WEEE treatment. In response to these comments, we will amend the guidance to refer to A10 WEEELABEX De-pollution monitoring specification (as a source of further information and guidance). This will be in addition to the waste sampling and testing standards in the WEEE appropriate measures guidance.

We will keep the methods and standards for sampling and testing referred to in the guidance under review and update them when appropriate (for example, if a specific method or standard is proposed and agreed by the industry sector).

4.10 Question 10

Do you agree that the appropriate measures and standards set in the guidance should apply to the treatment of commercial or industrial WCE where relevant, including the treatment of panels dismantled from large commercial or industrial equipment?

Summary of responses:

• yes: 12
• no: 0
• do not know: 3
• not answered: 8

The majority of respondents (12) agreed that the appropriate measures and standards set in the guidance should apply to the treatment of relevant commercial or industrial equipment, including dismantled insulation panels. This will be confirmed in the guidance.

5. Summary of other comments received

Question 11 asked for any other comments. Here is a summary of other comments, and our responses to them, not already covered in questions 1 to 10.

5.1 Summary of comment(s) received

Clarification is required on treating ammonia fridges, specifically the requirement to recover blowing agents.

5.2 Response

For stage 2 treatment and the recovery of blowing agents, we would expect appliances containing ammonia refrigerants to be treated in the same way and to the same standards as appliances containing VFC (volatile fluorocarbon) and VHC refrigerants. This is because they are likely to contain insulation foam containing VFC or VHC blowing agents.

Before stage 2 treatment, the operator should remove and collect the ammonia refrigerant from the appliance. They may need to use equipment specifically designed for degassing ammonia appliances due to the design of the cooling system. As explained in our guidance, if the ammonia refrigerant is not removed before to stage 2 treatment, the operator must demonstrate that the plant is capable of safely treating the equipment and it will prevent emissions to the environment.

5.3 Summary of comment(s) received

How often should containers or vessels be placed on scales to weigh the amount of blowing agent and refrigerant contained?

5.4 Response

Operators should weigh the containers or vessels containing and storing recovered refrigerant and blowing agent gases as often as needed so they meet the assessing and reporting requirements of the guidance on how to weigh and record the amount recovered. For example, to assess and report refrigerant and blowing agent recovery rates. Operators should also check and weigh containers to assess when they will need replacing. Keeping containers or vessels on appropriate scales (for example, platform floor scales) whilst they are being used may also be beneficial.

5.5 Summary of comment(s) received

There is considerable overlap between VFCs, VHCs and VOCs (volatile organic compounds), therefore there will also be overlap in monitoring and reporting requirements.

5.6 Response

VFCs and VHCs are types of VOCs, and therefore monitoring total VOCs will include VFCs and VHCs. The emission limits and monitoring requirements for chlorofluorocarbons (CFCs) and total VOCs are BAT AELs (emission levels associated with BAT). These apply to waste treatment processes treating WEEE containing VFCs or VHCs and we have taken them from the waste treatment BAT conclusions document.

5.7 Summary of comment(s) received

The guidance (pre-acceptance measures) suggests operators should be informing customers about F-gas regulations and suitability for reuse. This is not the responsibility of the operator. It would not be possible to separate appliances suitable for repair and reuse from those that require waste treatment.

5.8 Response

The guidance will state that operators should advise customers about reusing equipment where it is possible to do so. They should also advise them about requirements on how to manage equipment to protect its condition (for example, to protect it from damage and prevent emissions to the environment). This is to help make sure that operators can prepare equipment for reuse where possible. It also helps make sure that equipment is not damaged before treatment, resulting in the possible loss of refrigerant, oil or blowing agent.

The guidance will be amended to recommend that operators advise customers to separate or identify appliances suitable for repair and reuse from other equipment that is not, if they are in the same load. This would make it easier for the operator to identify equipment suitable for reuse from that which is not, and make sure they manage and treat all equipment appropriately.

5.9 Summary of comment(s) received

The guidance should allow compressors removed from WCE to be stored in bags or in bays with impermeable surfacing and sealed drainage, as well as in containers.

5.10 Response

In response to the comments received, the guidance will allow operators to store compressors in heavy duty bags. The bags must be leak proof and either stored undercover, or kept shut to prevent rainwater collecting or being contaminated. Operators must also keep these bags on impermeable surfacing with sealed drainage. The guidance will not include reference to using bays for storing compressors. Operators should use leak-proof containers or bags because they provide more localised containment if any oil leaks from the compressors during storage. This will also minimise waste handling for off-site collection and transportation. Operators will be able to propose alternative measures for storing and handling WCE as long as they can demonstrate that the measures provide an equivalent level of environmental protection.

5.11 Summary of comment(s) received

Cables do not need to be removed before treatment and only capacitors over 25mm and containing substances of concern require removal.

5.12 Response

The guidance will be updated so it does not suggest that operators must remove cables from equipment before stage 2 treatment. The guidance will also clarify that operators only need to remove capacitors that contain PCBs or that are over 25mm and containing substances of concern.

5.13 Summary of comment(s) received

Polyurethane (PU) foam is a type of plastic and therefore the 19 12 04 EWC waste code should be appropriate.

5.14 Response

PU is a type of plastic. The waste PU foam fraction is usually sent for energy recovery or disposal, whereas operators should send the recovered plastic fraction (for example, shredded plastic casing materials) for recycling, where possible.

The two fractions (recovered plastic and PU foam) have different properties and characteristics. Operators need to use different measures to make sure they are stored and handled safely, both on-site and at receiving facilities. For example, the treated foam will be combustible and is likely to be in powder or pellet form, which could generate dust if not stored and handled appropriately. Because of this, the two fractions are usually stored, handled and managed as separate and distinct waste types, using the appropriate EWC code and description as set out in the guidance. If operators send the foam for energy recovery, then 19 12 10 is an alternative code they could use along with an appropriate description of the waste.

5.15 Summary of comment(s) received

Operators of fridge treatment facilities should only be required to monitor for emissions of CFCs and TVOCs. The other parameters (for example, dust, brominated flame retardants, dioxin-like PCBs, metals, dioxins and furans) only apply to metal shredders.

5.16 Response

The waste treatment BAT conclusions document, specifically BAT 25, states that facilities that treat WEEE containing VFCs or VHCs must control and monitor the following emissions to air:

• dust (including particulate-bound metals)
• brominated flame retardants
• dioxin-like PCBs
• metals
• dioxins and furans

Section 2.3 of the BAT conclusions document states that BAT 25 applies, in addition to the BAT conclusions for treating WEEE containing VFCs or VHCs (BAT 29 and BAT 30).

Operators may only need to monitor emissions to air of the following, if the substance is identified as relevant based upon the facility’s emissions inventory:

• brominated flame retardants
• dioxin-like PCBs
• metals
• dioxins and furans

An operator may not need to monitor for these substances if they can demonstrate they are not relevant to their facility. For example, this could be through monitoring carried out to characterise the facility’s emissions to air or through knowledge of the composition of the wastes received. The operator must also agree this with the Environment Agency.

5.17 Summary of comment(s) received

There is a conflict between the minimal handling required in the appropriate measures guidance and the stock rotation requirements of fire prevention plans

5.18 Response

We have reviewed the requirements of our guidance on storing and handling WCE and we are satisfied that they do not conflict with the requirements of fire prevention plan guidance. The storage and handling requirements (for example, maximum storage time, or the need to treat or transfer waste following the first-in, first-out principle) are not significantly different to the storage requirements included in existing environmental permits. Where alternative measures for storing and handling waste are needed for fire prevention and safety, operators can agree these with the Environment Agency. Though they must provide an equivalent level of environmental protection to those set out in the appropriate measures guidance.

6. Next steps

After considering the consultation responses we received we will finalise the text of the guidance document for publication. We will publish the finalised guidance on the gov.uk website.

So that the guidance is fully accessible and can be published on the website, we will convert the PDF document that was used for the consultation to HTML format. 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 as well as the relevant appropriate measures for the treating or transferring WEEE.

If you want to follow up your responses or the points made in this document in more detail, contact us wastetreatment@environment-agency.gov.uk.