Quality Protocol Poultry Litter Ash

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Quality ProtocolPoultry Litter AshEnd of waste criteria for the production and use of treated ashfrom the incineration of poultry litter, feathers and straw

0B Poultry Litter AshThis Quality Protocol was funded by Defra,the Welsh Government (WG) and theNorthern Ireland Environment Agency (NIEA)as a business resource efficiency activity. Itwas developed by the Environment Agencyand WRAP (Waste & Resources ActionProgramme) in consultation with Defra, WG,industry and other regulatory stakeholders.The Quality Protocol is applicable inEngland, Wales and Northern Ireland. Itsets out the end of waste criteria for theproduction and use of poultry litter ash fromthe combustion of poultry litter, feathersand straw.Contents1.Introduction 022.Producing poultry litter ash (PLA) 063.Providing evidence of compliancewith the Quality Protocol 07Storage and use of PLA 08Appendix A Definitions09Appendix B Product standard and specification towhich this Quality Protocol applies12Appendix C Good practice and quality assuranceschemes applicable to the transport,storage and use of PLA16Appendix D Supply documentation template174.

Poultry Litter Ash 01ForewordBackgroundUncertainty over the point at which waste has been fully recovered and ceases to be wastewithin the meaning of Article 3(1) of the EU Waste Framework Directive (2008/98/EC) hasinhibited the development and marketing of materials produced from waste which couldotherwise be used beneficially without damaging human health and the environment. In somecases, this uncertainty has also inhibited the recovery and recycling of waste and its diversionfrom landfill.Interpretation of EU legislation is ultimately a matter for the Courts and there is now asubstantial body of case law on the interpretation of the definition of waste in Article 3(1) ofthe Waste Framework Directive. Drawing on the principles established in this case law, it ispossible to identify the point at which certain wastes cease to be waste and thus when theWaste Framework Directive’s waste management controls no longer apply. This identification isthe purpose of the Waste Protocols Project.What is a Quality Protocol?A Quality Protocol sets out end of waste criteria for the production and use of a product froma specific waste type. Compliance with these criteria is considered sufficient to ensure thatthe fully recovered product may be used without undermining the effectiveness of the WasteFramework Directive and therefore without the need for waste management controls.In addition, the Quality Protocol indicates how compliance may be demonstrated and pointsto good practice for the use of the fully recovered product. The Quality Protocol further aimsto provide increased market confidence in the quality of products made from waste and soencourage greater recovery and recycling.

02 Poultry Litter Ash1. IntroductionDefinitions of terms that appear in italics when they are first used in this Quality Protocol aregiven in Appendix A.1.1What is this Quality Protocol?1.1.1This Quality Protocol has been developed by the Environment Agency, the NorthernIreland Environment Agency (NIEA) and WRAP (Waste & Resources Action Programme)in consultation with industry and other regulatory stakeholders. It is applicable inEngland, Wales and Northern Ireland.1.1.2The Quality Protocol sets out end of waste criteria for the production and use of poultrylitter ash (PLA) from poultry litter, feathers and straw. If these criteria are met, theresulting outputs will normally be regarded as having been fully recovered and to haveceased to be waste.1.1.3Producers are not obliged to comply with the Quality Protocol. If they do not, the PLAwill normally be considered to be waste and waste management controls will apply toits storage, handling, transportation and use.11.1.4This Quality Protocol does not affect the obligation of producers to hold anenvironmental permit (in Northern Ireland a waste management licence or a PollutionPrevention and Control (PPC) permit is required) and to comply with its conditionswhen processing and storing waste.1.1.5Producers should note that producing a fully recovered product may mean they mustmeet further legal obligations, e.g. REACH registration.21.2The purpose of the Quality Protocol1.2.1The Quality Protocol has four main purposes:i. clarifying the point at which waste management controls are no longer required;ii. providing users with confidence that the PLA they purchase conforms to anapproved industry standard;iii. providing users with confidence that the PLA is suitable for use in designatedmarket sector(s) including by conforming with the industry standard; andiv. protecting human health and the environment (including soil).In addition, the Quality Protocol describes acceptable good practice for thetransportation, storage and use of PLA (see Appendix C).1.3Complying with the Quality Protocol1.3.1PLA will normally be regarded as having ceased to be waste, and therefore no longersubject to waste management controls provided it: requires no further processing before use, that is it meets the requirements of theindustry standard including controls on inputs and any additional specificationspecified by the customer (see Section 2); is destined for use as an agricultural fertiliser as described in Section 4.12The material will remain a waste unless it has been demonstrated to have been completely recovered on a case-by-case basis having regardto the aims of the Waste Framework Directive and the need to ensure the Directive’s effectiveness is not undermined.Waste is exempt from REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) (Regulation (EC) No 1907/2006) as it iscovered by separate waste management controls. However, once waste has been fully recovered and ceases to be waste, waste management controls cease to apply and the REACH exemption due to the material’s status as waste will no longer apply.Further information on REACH is available from the REACH UK Competent Authority website: www.hse.gov.uk/reach or Helpdesk on 0845408 9575 or email ukreacha@hse.gov.uk

Poultry Litter Ash 031.3.2Producers / importers must demonstrate that these criteria have been met. Theyshould do this in the ways set out in Section Quality Protocol will be adopted as a technical regulation under TechnicalStandards and Regulations Directive (98/34/EC) as amended.3 We recognise that theremay be codes of practice or standards which apply in the European Economic Area(EEA) States other than the UK setting out requirements for the production and useof PLA. We accept that PLA may cease to be waste provided it has been produced incompliance with: a relevant standard or code of practice of a national standards body or equivalentbody of any EEA State; or any relevant international standard recognised for use in any EEA State; or any relevant technical regulation with mandatory or de facto mandatoryapplication for marketing or use in any EEA State.These must give levels of product performance and protection of human health and theenvironment which are equivalent to those required by this Quality Protocol.1.3.4An outline of the main stages and control mechanisms of the Quality Protocol ispresented in Figure 1. These are described further in Sections 2 and 3.When Quality Protocol compliant material may become waste1.3.5Producers and users of PLA should note that, even if the Quality Protocol is compliedwith, the material will become waste again and subject to waste management controlsif it is at any stage it is discarded or there is an intention or requirement to discard it,for example if it is: disposed of; or stored indefinitely with little prospect of being used.1.3.6In addition, if Quality Protocol compliant material is mixed with waste materials, theresulting mix will be considered to be a waste and subject to waste managementcontrols. If Quality Protocol compliant material is mixed with non-waste materials,the resulting mix will not, as a result of this, be waste.1.4Failure to comply with the Quality Protocol1.4.1Where this Quality Protocol is not complied with, for example the PLA does notmeet the requirements of the industry standard or the producer / importer cannotdemonstrate evidence of compliance, the PLA produced will normally be considered tobe waste. In such circumstances, the producer/importer or user must comply with theappropriate waste management controls4 for the transportation, storage and use of thePLA and may be committing an offence if they do not do so.1.4.2Detailed guidance on waste management controls can be obtained from theEnvironment Agency’s National Customer Contact Centre on 08708 506 506, fromits website te/). In NorthernIreland guidance can be obtained from NIEA’s website risation.htm).34The Technical Standards and Regulations Directive 98/34/EC seeks to ensure the transparency of technical regulations and is intended tohelp avoid the creation of new technical barriers to trade within the European Community.For example, in compliance with Article 11 of the Waste Framework Directive, the user might need to obtain a permit from the EnvironmentAgency (or in Northern Ireland a waste management licence or PPC permit from the NIEA).

04 Poultry Litter Ash1.5Updating the Quality Protocol1.5.1We plan to review and update this document every two years from the date of itsfinal publication.1.5.2However, this document may be subject to change before these review dates.Triggers for such a change could include: pollution incidents; development in scientific understanding; a change in the market; a change in legislation or case law; a change to the agreed industry standard; and a shift in the chemical composition or physical properties of the ash.1.5.3This Quality Protocol may be withdrawn if it becomes apparent that it is generallybeing misapplied and/or misused.1.6Importing and exporting Quality Protocol compliant material1.6.1Producers intending to export material that complies with this Quality Protocol shouldbe aware that, although the material may cease to be waste in England, Wales andNorthern Ireland, the country of destination may take a different view. If the competentauthority in the country of destination considers the material to be waste, the shipmentwill be subject to the controls set out in the Waste Shipment Regulation (EC No.1013/2006).1.6.2Those intending to import Quality Protocol compliant material into England, Wales orNorthern Ireland should be aware that, if the country of despatch regards the materialas waste, the controls set out in the Waste Shipment Regulation will apply to theshipment. This is the case even though the material may be regarded as havingceased to be waste in England, Wales and Northern Ireland.1.6.3Before importing or exporting such material it is prudent to check with the competentauthority for the country of despatch or destination. A list of the competent authoritiescan be found /lists.htm

Poultry Litter Ash 05Figure 1: Main stages and controlmechanisms of the Quality ProtocolStart1. Input materialsApply waste acceptance criteria in accordance with permitrequirements and the industry standardRejectAccept2. Process materialFail3. Sample and testIn accordance with the industry standard and any Point at which materialceases to be waste4. Quality Protocol compliant product5. Produce supply documentationDespatch from site of production for storage and use in designatedmarket sector

06 Poultry Litter Ash2. Producing PLA2.1Regulating the production process2.1.1The process of turning PLA into product is classified as a waste recovery operationand is subject to the waste management controls in the Waste Framework Directiveand domestic legislation. This Quality Protocol does not affect the obligationon producers to hold an environmental permit (or in Northern Ireland a wastemanagement licence or a PPC permit is required) that authorises the storage andprocessing of PLA and to comply with its conditions.2.2Criteria for producing PLA that has ceased to be waste2.2.1To comply with this Quality Protocol, PLA must require no further processing beforeuse. To do this the criteria outlined in Sections 2.3 to 2.5 must be met. In addition,the material must be destined for use in the designated market sector described inSection 4.2.3Input materials2.3.1Poultry litter feedstocks (type and percentage contribution are detailed withinAppendix B) classified under the European Waste Catalogue (EWC) are the onlyacceptable input materials.2.4Processed in accordance with the approved standard2.4.1The producer must comply with all the requirements of an approved standard.Appendix B details the approved industry standard agreed for PLA at the time ofpublishing this Quality Protocol.2.4.2The PLA standard, summarised in Appendix B, is subject to review and producersshould ensure they comply with the latest version. Any changes to the agreedstandard may trigger a review of the Quality Protocol (see Section 1.5.2).2.5Meets any additional customer specification2.5.1In addition to the requirements set out in Sections 2.3 and 2.4, a customer mayalso specify additional requirements for the PLA to meet.

Poultry Litter Ash 073. Providing evidence of compliancewith the Quality Protocol3.1Producers / importers must be able to demonstrate compliance with all therequirements of this Quality Protocol.3.2Some of the records specified below may already be required as part of the producer’senvironmental permit conditions (waste management licence or PPC permit conditionsif in Northern Ireland). This Quality Protocol does not affect the obligations onproducers to comply with environmental permit conditions (waste management licenceor PPC permit conditions if in Northern Ireland).3.3Records management3.3.1To be able to demonstrate compliance with the Quality Protocol, producers / importersmust maintain copies of supply documentation provided to the customer for each saleor supply of fully processed poultry litter ash.53.3.2This documentation must include: date of supply; customer’s name, contact details and nature of business; name and contact details of the producer, including the address of the site ofproduction; quantity supplied by weight/volume; a statement that the fully processed poultry litter ash was produced in compliancewith this Quality Protocol ; copies of all certificates of analysis relating to the products that have been sold oraccess to them if requested; a batch identification number(s) that enables chemical analysis to be linked to aparticular load; and confirmation that information on good practice relating to the use of fullyprocessed poultry litter ash (as set out in Appendix C) has been supplied to thecustomer.3.3.3A supply document template that producers may choose to use or adapt is containedin Appendix D.3.3.4These requirements are additional to any statutory record-keeping obligations.However, some records may be used to fulfil both a regulatory obligation and evidenceof compliance with this Quality Protocol.3.3.5For the purposes of this Quality Protocol the producer or importer must: keep and retain records specified in section 3.3.2 for a minimum of six years; and make them available for inspection by the regulator (if requested).5Supply documentation is not required for each delivery, only for each distinct purchase.

08 Poultry Litter Ash4. Storage and use of PLA4.1As for all fertilisers, users of PLA should: take full account of any environmental impact resulting from its use; and ensure that its use does not compromise the future sustainable use of waterresources or the integrity of designated conservation areas.4.2Storage of PLA4.2.1PLA produced in accordance with this Quality Protocol, which is therefore regardedas having ceased to be waste, may need to be temporarily stored either in an off-sitestorage facility before delivery to the customer or at the customer’s premises. Thematerials will not be waste at that point so waste management controls will not apply.4.2.2Producers, distributors and users should follow good practice for the storage offertilisers, details of which are included within Appendix C.4.2.3If it appears that the material is being stored indefinitely with no certainty of use, thematerial will revert to being a waste and waste management controls will apply asspecified in Section of PLA4.3.1This Quality Protocol applies only to one designated market sector which is the useof PLA as a PK fertiliser in agriculture.4.3.2Users of PLA should follow all relevant current agricultural good practice in order toensure that: it does not pose a risk to the environment or human health; and its use does not compromise the future sustainable use of the soil to whichit is applied.4.3.3Details of good practice for the testing, record-keeping (including responsibility forrecord-keeping) and use of PLA in relation to agriculture are given in Appendix C.4.3.4The PLA will not be compliant with this Protocol, and therefore is likely to havebecome a waste again, if it is used for any other purpose other than as a PK fertiliserin agriculture.

Poultry Litter Ash 09Appendix A DefinitionsIn this Quality Protocol, the words and phrases below have the following meanings.Approved industry standard: The industry standard listed in Appendix B which has beenapproved for inclusion in this Quality Protocol. This standard outlines quality controlmeasures and environmental limits for the production and blending of PLA to ensurequality and consistency.Biomass: Biomass, a renewable energy source, is biological material derived from living, orrecently living organisms, such as wood, waste, (hydrogen) gas, and alcohol fuels. Biomass iscommonly plant matter grown to generate electricity or produce heat.Defra: Defra is the UK government department responsible for policy and regulations on theenvironment, food and rural affairs.Designated market sector(s): The sector(s) listed in Section 4 in which this Quality Protocolenables PLA to be used, namely as an agricultural fertiliser.Distributors: Distributors purchase PLA from the producer/importer taking possession ofthe product and then sell on directly to farmers. Many farmers traditionally buy their seeds,fertilisers and crop chemicals through agricultural agents or distributors.European Economic Area (EEA): The EEA States consist of the members of the EU (Austria,Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany,Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands,Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK) together withIceland, Liechtenstein and Norway. The crown dependencies of Jersey, Guernsey and the Isleof Man are not part of the UK or EU and businesses registered there are subject to differentlicensing legislation.Environment Agency: The Environment Agency is the leading public body for protecting andimproving the environment in England and Wales. Its job is to make sure that air, land andwater are looked after by everyone in today's society, so that tomorrow’s generations inherita cleaner, healthier world.Environmental permit: Environmental permits issued or exemptions registered under theEnvironmental Permitting (England and Wales) Regulations 2010.European Waste Catalogue (EWC): European Waste Catalogue (EWC 2002 and amendments) –comprehensive list of waste codes and descriptions based on waste source and type.Feedstocks: Specified bulk raw material/wastes used as the principal inputs to the biomasspower stations.Material safety data sheet (MSDS): A document containing health and safety information ona hazardous product. It includes the che

0B Poultry Litter Ash 1. Introduction 02 2. Producing poultry litter ash (PLA) 06 3. Providing evidence of compliance with the Quality Protocol 07 4. Storage and use of PLA 08 Appendix A 09 Definitions Appendix B 12 Product standard and specification to which this Quality Protocol applies Appendix C 16 Good practice and quality assurance

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