Form

Guidance for the end of waste request form

Updated 19 April 2024

Applies to England

Follow this guidance to complete your end of waste request form correctly. The guidance follows the same structure as the form.

Before you fill in the form

Get initial advice

The definition of waste service can give you initial advice on the information you need to give in the form. For example, on:

• selecting appropriate comparators
• discussions about intended end use

This is a service you pay for so, before you request initial advice, you should read the published guidance on:

• check if your material is waste
• how to use the definition of waste service

Consider the requirements of the end of waste test in the Waste Framework Directive 2008

Article 6 of the Waste Framework Directive 2008 (as amended by Directive (EU) 2018/851) provides that waste which has undergone a recycling or other recovery operation is considered to have ceased to be waste, if all the following conditions are met:

• 6 (1) (a) the substance or object is to be used for specific purposes
• 6 (1) (b) a market or demand exists for such a substance or object
• 6 (1) (c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products
• 6 (1) (d) the use of the substance or object will not lead to overall adverse environmental or human health impacts

For case by case assessments, the following criteria should also be reflected in an end of waste decision (where necessary):

• 6 (2) (a) permissible waste input material for the recovery operation
• 6 (2) (b) allowed treatment processes and techniques
• 6 (2) (c) quality criteria for end of waste materials resulting from the recovery operation in line with the applicable product standards, including limit values for pollutants where necessary
• 6 (2) (d) requirements for management systems to demonstrate compliance with the end of waste criteria, including for quality control and self-monitoring, and accreditation
• 6 (2) (e) a requirement for a statement of conformity

Prepare detailed information

The end of waste request form contains the questions you must answer. The definition of waste service will use the information you give to decide if the article 6 end of waste test has been met.

It is essential that you include detailed information with the form. The definition of waste service will not technically review it until you give all the information that’s needed.

Sometimes they may have to ask for extra information when they look at the information you gave in the form in more detail. This will cost you more and can mean that it takes them longer to make a decision. Include the correct detailed information in the form to avoid this delay.

For the purposes of the form, the term ‘waste’ refers to the material considered waste before any treatment or processing. The term ‘final waste-derived material’ refers to the final material, substance or object after all processing, which you propose has achieved end of waste status.

A. About the operator

A1 Main contact details

Include details for the main contact for the request. Apart from queries regarding billing or invoices, the main contact is the person the definition of waste service will contact for all other queries about the request (including information requests, updates and administration queries).

A2 Operator details

Give details for the company, partnership, public body or individual making the request, or on whose behalf the request is being made.

In many cases, the operator will be the company who receive or generate the waste and who treat and process the waste to produce the final waste-derived material. However, for some requests, this may be the company who wish to source the final waste-derived material directly for subsequent use (and are submitting to assess end of waste status of the material they are to receive). You should give details for the company who are organising and financing the request (that is, the main operator).

A3 Site details

A3.1

Give details for the site at which the main treatment and processing of the final waste-derived material will take place. This will be the site where the final waste-derived material is produced and, in most cases, will be the site at which the material is proposed to have achieved end of waste status.

If this site is owned by a company other than the operator detailed in A2, give details of this company in this section.

A4 Billing information

Detail the relevant contact for all communications about billing and payment for the request. This will be the contact who the definition of waste service will send invoices to for completed work.

A5. Operator information

Give details for the company detailed in question A2, outlining a general overview of the company. Details should include:

• a summary of the main purpose of the company and its activities
• the size of the company and the number of sites operated
• the products and materials processed and generated
• any other details you identify as important for us to understand the general business of the company

B. Executive summary

B1

You must include an executive summary document. You should limit the executive summary to a maximum of 4 pages. The executive summary must give an overview of the request, summarising the main points identified. This is so the definition of waste service can understand the general proposal within the request in terms of:

• the companies and stakeholders involved
• wastes for input
• the treatment processes
• materials generated
• the final use of the final waste-derived material
• an identified final market

C. Process inputs

This section is about the non-waste and waste feedstocks used to produce the final waste-derived material. These are the feedstocks that will be used in the process on the site identified in question A3.1, that is, the process which generates the final waste-derived material.

C1

Give a list of all inputs into the process which generates the final waste-derived material (both wastes and non-wastes). Make sure you give corresponding European Waste Catalogue (EWC) codes for all the wastes listed.

Make sure the list includes all inputs which may feasibly be used within the process, even if they are not used in every instance. Identify any inputs which may be used in this way and explain when and why they are used.

C3

Give permit details for any regulated activities which generate or supply (or both) the waste for use in the production of the final waste-derived material (which you identified in question C2).

C4

For all the wastes identified for question C1, give information on how each waste arises.

Where waste is generated from another process (for example, bottom ash generated from a combustion plant following the burning of biomass), give information on the inputs to this process (for example, all inputs into the combustion plant). State whether the inputs to the process which generates the waste (such as combustion) are consistent. If not consistent, explain how varying inputs to the process might affect the composition of the waste generated. Make sure to include discussion of how you considered the varying inputs when collecting the sampling data given for question C6.

This question is to identify the source of all wastes used in the production of the final waste-derived material and the potential for variability in these wastes.

C5

This question is to identify what happens from when the wastes arise to acceptance onto site for use in producing the final waste-derived material.

C6

In most cases, you need to give samples of the input wastes and present the data in Excel 2013 or a compatible format.

The definition of waste service may not require sampling data for some wastes, for example where the waste and final waste-derived material are similar in composition (that is, where minimal treatment or processing is carried out before the proposed end of waste status). If you think sampling data for the input waste is not applicable for your request, give justification to explain this.

We use this data to identify environmental and human health risks which may not be clear from the final waste-derived material sampling data.

You need to design the sampling data to demonstrate the following.

The number of samples given are sufficient to fully characterise the waste

The definition of waste service estimate you will need a minimum of 20 samples. However, if you feel fewer samples are sufficient, give justification of why this is supported by relevant data analysis. For example, a waste with a restricted number of inputs, which is produced under a controlled process which is accompanied by sampling data which demonstrates low relative standard deviations seen for parameters tested, may require fewer samples to fully characterise the waste.

All substances which are potentially of concern are identified and sampled for in the waste material

These may include basic elemental composition, metals, physical properties, anions, polychlorinated biphenyls (PCBs) and dioxins. You should consider the material, source and final use in deciding what substances may be of concern. The selection of the sampling suite should be linked to the hazards posed by the material and appropriately justified.

Sampling techniques and frequency are designed to make sure the data is representative of the composition of the waste over the long term

For example, where there is a seasonal variation or where multiple or sporadic inputs have been identified (in question C1.1), make sure data is given to demonstrate the waste composition for these varying input materials and scenarios.

The composition and variability of the waste has been assessed through appropriate data analysis

This must include providing values for the mean, max, min, median, standard deviation, relative standard deviation, 95th percentile and 99th percentile data for each tested parameter.

The relative standard deviation (also referred to as the coefficient of variation) is used to determine whether the standard deviation (SD) of a dataset is small or large when compared to the mean (that is, how precise the mean value is). The formula for calculating the relative standard deviation is:

(SD × 100) ÷ mean = relative standard deviation

Appropriate sampling techniques have been used

You should give copies of the original laboratory test certificates in addition to the Excel versions of the sampling data) to evidence the sampling techniques and laboratory methods used.

Where an input specification for the incoming wastes is in place, the data shows the waste is compliant with the specification.

C7

Give a specification for the incoming waste. This must be part of the acceptance procedure for the waste on site. The specification should include the identified substances of concern from the sampling data.

In addition, give an acceptance procedure to accompany the specification, including how you will assess whether the specification is met and a process for rejecting material if it does not comply with the specification.

If there is no specification in place, give justification outlining how you will make sure only appropriate incoming waste is accepted for the process on site.

D. About the process

This section asks about the processing and treatment techniques you will use to produce the final waste-derived material.

The processing:

• must be done on the site you identified in question A3.1
• will use the identified wastes and non-wastes (from question C1) as inputs
• will result in the production of the final waste-derived material proposed for end of waste status

D1

Fully detail the processing and treatment techniques proposed, outlining how the input materials (outlined in question C1) are processed to produce the final waste-derived material.

Tell us about the:

• inputs and outputs
• plant and equipment used
• required timings for each stage of the processing

Explain the reason for doing each stage, for example:

• water extraction
• size reduction
• contaminant removal

We recommend that you include a flowchart to clearly outline the processing and treatment.

D2

Explain why each input waste and non-waste has been selected for inclusion in the process.

State the role of each input material in the process and how each material is appropriate to fulfil this use.

Overall, you should demonstrate that each input to the process is both required and appropriate for use in this way.

D3

Confirm all the output materials generated from the treatment and processing. That is, any materials other than the final waste-derived material. Tell us what happens to these outputs and residues.

D4

Give a specification for the final waste-derived material. In the specification, include all the substances of potential concern (for example, in relation to environmental and human health), adding elemental compositional parameters, metals and physical properties.

You should justify the substances you have selected in the specification and state why they are sufficient.

Where you considered a substance but did not include it, give a short justification to explain this.

D5

Fully detail the quality control procedures you will put in place to test the material to the specification in D4. Give information on:

• how you will sample the final material (that is, the method of collection)
• what sample size you will use
• how you have designed the process so that the collected sample is representative of the entire batch
• if every batch of material will be tested and, if not, justification of why not
• whether the outlined testing methods are done to a particular standard, for example to BS EN14899:2005
• if you will use an independent laboratory for the testing and, if not, why not
• what the process for non-compliant material is

D6

Give an estimate of the maximum time you will store the final waste-derived material before its sale or use.

Generally, the final waste-derived material is stored at the site of production before it is sold directly to customers from the site. However, if you plan to transport the material to another site before sale, give the storage times for each stage of the process following generation of the material.

E. Use of the material

E1

Fully detail all the proposed uses for the final waste-derived material. You must describe:

• how the material will be used
• who will use it
• why it will be used in this way

For example, ‘Use as a nitrogen phosphate fertiliser for landspreading on agricultural land to deliver nutrient benefit to cereal crops’, not ‘as a fertiliser’.

Where you propose the final waste-derived material to have multiple uses, make sure you define all the uses. If you do propose multiple final uses, it is important to consider whether you should apply the end of waste test separately to each use.

If the proposed uses are similar (such as a variety of different uses in construction) it may be acceptable to assess end of waste under one request (for all these uses).

However, where the uses are more distinct (such as the material proposed for use in construction and for use as a fertiliser) you must assess end of waste for each use separately and give separate requests.

If you are in doubt about the number of requests required, please discuss with the definition of waste service before submitting.

E2

For this question you need to tell us, following final sale or use of the final waste-derived material, if:

• the material is ready to use in its current state for all the outlined uses
• further processing or treatment is required before its final use
• this further processing is required for all uses or only for some

If further treatment is required, explain why further processing is required and what processing is needed. You also need to give further explanation in answer to question E4 in relation to the non-waste comparator.

E3

Explain what the relevant comparator is, why you selected it and why it is appropriate. If there is no non-waste comparator for your final waste-derived material, you need to state this and explain why.

Where possible you must use a ‘comparator approach’ to assess whether a substance or object leads to overall adverse environmental or human health impacts. You will compare the final waste-derived material to a relevant non-waste comparator.

You must choose an appropriate comparator when you assess end of waste status. Selecting the wrong comparator can completely undermine the assessment and lead to an incorrect assessment of waste status.

The comparator must be an existing non-waste material that is used (including storage, transport and handling) in the same way that the final waste-derived material will be. Some slight differences in final use are likely to be acceptable as long as the market will remain the same as the non-waste comparator and any differences in use are taken into account in the risk assessment. You must not compare against a material which is waste or a material about which the waste status is unclear.

When choosing the comparator, you must consider whether your final waste-derived material is likely to compete against or potentially replace the chosen comparator in the intended market. If it is not, then it is likely you have chosen the wrong comparator.

Example 1: correct and incorrect comparators For a waste-derived fuel pellet, intended for burning as a replacement for non-waste biomass pellets, the obvious comparator is the specific non-waste biomass pellet used in the intended market or end use. Coal is not an appropriate comparator. This is because coal is unlikely to be genuinely replaced by the waste-derived biomass material.

Example 2: correct and incorrect comparators For a waste-derived construction material, the obvious comparator is either the existing construction product the material is intended to replace or the ingredient that the material is intended to replace (in the case of blended products). Incinerator bottom ash aggregate (IBAA) is not an appropriate comparator as IBAA is regarded as a waste. A more appropriate comparator would be sand or cement.

Where you have proposed multiple uses for the final waste-derived material, the most suitable comparator is likely to be a material which is currently used in all these multiple uses. However, if a comparator for multiple uses is not available, you should include a separate comparator for each specific end use (if available). In such cases, a different request is likely to be required for each use and comparator. If you are in doubt about the number of requests required, please discuss with the definition of waste service before submitting.

There may be no obvious appropriate comparator, as is occasionally the case with innovative products or end uses. If this is the case, an alternative assessment of overall adverse environmental or human health impacts must be done (see question H6).

E4

Explain any differences between the way in which the final material is used in comparison to the chosen non-waste comparator, including storage, transport and handling. Make sure you include the reasoning behind any required differences and assess the potential impact on final use.

Differences may include:

• use of the final waste-derived material at different quantities, for example, due to the beneficial properties of the material
• use of different plant or equipment, for example, due to physical properties of the material
• more stringent restrictions on use, for example, due to chemical properties of the material

Where the final waste-derived material is used in a different way to the comparator you must explain this, including consideration of the potential impact on the market. For example, if customers will have to purchase:

• new plant or equipment for use
• more material than previously

Explain how these impacts will not be a barrier to sale. In addition, where relevant, describe how you will communicate these differences in use, including storage and transport to potential customers.

If the material can be used in exactly the same way, give evidence to support this.

E5

Please explain all potential uses for the non-waste comparator material. State if any of these end uses are unsuitable for the final waste-derived material. If so, explain why this is.

F. Market information

F1

Describe the market and potential customers you have identified for the final waste-derived material.

The market or demand may consist of a limited number of known customers where an amount of material is available for a specific use. For example, a material used in a specific industrial process.

Or specific customers may not yet be known, and the material will be available for purchase to a wide market alongside other competing products. For example, a fertiliser available for general agricultural use.

In other cases, the market may be a combination of the 2, where 50% of the material produced will be sold to specific customers, with the remaining material available for general sale.

You should give information about all potential users and customers of the final waste-derived material. If there is no identified customer or market, explain why there is nevertheless a demand and what it is (for example where you plan to use the material yourself).

Where possible you should give a breakdown of predicted sales.

F2

Explain the pricing structure for the final waste-derived material, demonstrating how you decided the price of the material. Include details on:

• the cost of production
• proposed price of the material
• estimated profits from the production and sale

In addition, include the current market price for the non-waste comparator material (if there is one) and consider how this price compares with the proposed price for the final waste-derived material. If you propose to sell the final waste-derived material at a lower price, explain why and justify.

It is not essential that a positive price is paid for the final waste-derived material. There can be an acceptable alternative in place (for example, a mutually beneficial arrangement) which you can use as evidence of a suitable market or demand for the material.

F3

Give evidence that the identified market or demand have the potential to purchase and use all of the final waste-derived material.

The evidence is best if it outlines an agreement with a customer or customers for the future purchase of the final waste-derived material if certain requirements are met, such as compliance with the specification. This should include the amount of the material for purchase and the price for which it will be sold. You can demonstrate this in a number of ways, including:

• expressions of interest
• purchaser affidavits
• contracts

Where a specific customer is identified, explain what capacity they have to purchase the amount of final waste-derived material they have committed to and their reason for doing so.

Where you cannot give evidence of specific customer intention to purchase all of the final waste-derived material, in addition to including information about specific customers as set out above if available, the request should demonstrate the existence of an established market that the final waste-derived material will be sold in to. Evidence may include:

• an assessment of the size of the market
• the history of the market
• the purchasing ability of this market
• the operator’s current experience in this market

You must explain how the material will meet the requirements of this market and demonstrate that sale into this market is likely. Overall, there needs to be confidence that the final waste-derived material will actively sell into the specified market.

G. Technical requirements

G1

Fully detail all the relevant technical requirements, legislation and standards applicable to the substance or object and the associated final use. These may include:

• technical standards for the type of material produced, for example British Standards for aggregates used in construction
• specific product standards or regulations related to the final use, for example, fertiliser regulations
• customer or industry specific standards or requirements, for example, specifications in place for use in a particular combustion plant

Give copies of the identified standards within your request.

Within the identified technical requirements, legislation and standards, highlight which parts are relevant to the final waste-derived material. For example, relevant limit values, specifications, and physical properties.

This section relates to how fit for purpose the final waste-derived material is. You should consider all applicable standards, not just those relating to environmental or human health concerns.

G2

Once you have identified the technical requirements, legislation and standards in G1, the request must assess how the final waste-derived material is compliant with them. You will need to evidence how they are met. For example, this may include consideration of the sampling data for the final waste-derived material and comparing with identified limit values or required specifications within the relevant standards.

Other requirements you may need to consider include the:

• physical properties of the material
• testing procedure which will be in place
• required process controls on the site of production

If you consider there is an aspect of an identified legislation or standard that is not relevant to your final waste-derived material, give justification explaining why this is the case. Consider how this will impact:

• final use
• the marketability of the final waste-derived material
• environmental and human health risk

H. Environmental and human health impact

H1

You must give a sufficient number of samples of the final waste-derived material and present the data in Excel 2013 or a compatible format.

For the sampling data for the waste, you need to design the sampling data for the final waste-derived material as follows.

We estimate a minimum of 20 samples are required to fully characterise the material. However, if fewer samples are sufficient to achieve this characterisation, you must give clear justification of why this is acceptable, using data to evidence this. For example, fewer samples may be required where a final waste-derived material:

• is produced from a restricted number of inputs
• is produced using waste inputs which have been shown to be consistent (from sampling data)
• demonstrates low relative standard deviations seen for parameters tested and low levels of substances of concern overall

Conversely, in some cases, such as where variability in the final waste-derived material is high, more samples may be required.

You must identify all substances which are of potential concern. They must be sampled for in the final waste-derived material. These include elemental composition, metals, physical properties, anions, PCBs and dioxins. You should consider the material, the input waste and materials and the final use in deciding what substances may be of concern. For example:

• you should include beneficial properties (such as nutrient or calorific value) where relevant to the final use and ecotoxicity
• you must include speciation of metals and leaching behaviour where relevant

You should justify the selection of the sampling suite. Where a parameter has been considered but has not been included, give justification to explain this.

The composition and variability of the final waste-derived material must be assessed through appropriate data analysis. This will include providing values for the mean, max, min, median, standard deviation, relative standard deviation, 95th percentile and 99th percentile data for each tested parameter.

Appropriate sampling techniques must be used and explained in the request. You should give copies of the original laboratory test certificates (in addition to the Excel versions of the sampling data) to evidence the laboratory methods used.

The final waste-derived material must show sufficient compliance with the outlined specification, demonstrating the final waste-derived material is consistently appropriate for use.

H2

Give the sampling data which demonstrates the composition of the chosen non-waste comparator material (selected in question E3) in Excel 2013 or a compatible format.

You should use the same parameters you tested for in the final waste-derived material, such as metals, physical properties, anions, PCBs, dioxins. This is so you can compare the 2 data sets and materials properly.

You need a sufficient number of samples the non-waste comparator so you can fully characterise the material, for example, in terms of potential variability.

If there is no non-waste comparator for your final waste-derived material (and you have justified this in question E3) then you can ignore this question.

H3

The information you give must demonstrate that the sampling techniques and frequency were designed to make sure the data (provided for question H1 and H2) is representative of the composition of the materials over the long term. For example, where input materials are known to be variable, you must give data that accounts for this variability.

If there is likely to be seasonal variation in the waste inputs or the composition of the final waste-derived material (or both), the sampling procedure must account for this. You must give evidence to support the variability.

H4

You must show the comparison of the sampling data for the final waste-derived material and the non-waste comparator clearly. Give it in Excel 2013 or a compatible format. For example, show the results for each parameter for each material side by side, using the same units of measurement. The definition of waste service has given a suggested format.

In making a comparison you must take account of any need to use a greater quantity of the final waste-derived material than the comparator to achieve the same result.

If there is no non-waste comparator for your final waste-derived material (and you have justified this in question E3) then you can ignore this question.

H5

Using the comparison data of the 2 materials given for question H4, you must give a written assessment. This must explain your evaluation of the comparison.

Where a substance compares unfavourably (for example, higher levels of an identified parameter or substance of concern is seen in the final waste-derived material compared to the non-waste comparator), make sure the assessment identifies this and provides explanation for the higher levels.

If there is no non-waste comparator for your final waste-derived material (and you have justified this in question E3) then you can ignore this question.

H6

You must give a risk assessment for the final waste-derived material if:

• following comparison and assessment, a higher level of an identified parameter or substance of concern is seen in the final waste-derived material compared to the non-waste comparator, including when emitted to the environment

• following comparison and assessment, levels of an identified parameter or substance of concern are lower weight for weight for the final waste derived material but will be higher than the non-waste comparator, because a larger volume of the material will be used for the same effect, for example increased fertiliser application rates to meet crop need

• there is no non-waste comparator for your final waste-derived material

Where you have a non-waste comparator, where the waste-derived material compares unfavourably to the comparator (that is, higher levels of substances of concern seen when compared) a risk assessment is required in relation to those substances of concern. This risk assessment should assess the final waste-derived material in relation to its intended use, including handling, transportation and storage. It needs to show that there is no significant increase in risk to the environment or human health from use of the final waste-derived material compared to use of the chosen comparator. The risk assessment must use the source, pathway and receptor model.

Where you do not have a non-waste comparator, you must give a full risk assessment for the final waste-derived material in relation to its intended use, including handling, transportation and storage. As above, the risk assessment must use the source, pathway and receptor model. It needs to show that there is no significant risk to the environment or human health from use of the final waste-derived material.

When undertaking a risk-based assessment you need to consider the effect of non-waste status leading to there being no regulation, if relevant.

If you would like further guidance on risk assessment, please email dowservices@environment-agency.gov.uk

I. Benefits of end of waste status

Answers to the questions in this section will not affect the end of waste assessment process. But they help us to run the definition of waste service.

J. Request form documents

Make sure you have included all the documents and information required by the request form. Use the document reference where applicable in your request. If you are not sure about what to include (or feel any of the outlined documents are not required in your request) please contact the definition of waste service to discuss before submitting. Email dowservices@environment-agency.gov.uk

Include all documents which make up the request in the table as instructed. It is important to describe and reference all documents which you have sent for assessment, to make sure no information is missed.

K. Declaration

K1

To make a request you must read the terms for using the definition of waste service and tick the given box to confirm agreement.

K2

Please read the information on the Freedom of Information (FOI) and Environmental Information Regulations (EIR) requests and confirm you have read it by ticking the box. The Environment Agency may be required to share information they receive from an FOI or EIR request, if it’s specifically asked for by an appropriate request. As part of the request, you can give redacted documents where relevant.

If you have any questions about FOI or EIR please contact the definition of waste service to discuss before sending your information. Email dowservices@environment-agency.gov.uk