Consultation outcome

Standard rules consultation no 22: storing tyre shred and chip - summary of responses

Updated 16 November 2020

1. Introduction

We consulted with relevant stakeholders to get their views on a new standard rules permit for storing PAS 107 certified loose shredded tyres.

2. How we ran the consultation

We ran the formal online public consultation on the Environment Agency Citizen Space website for 6 weeks, from 3 August to 13 September 2020.

The questions we asked in the consultation are set out in this document, along with a summary of the responses we received, and what we will do as a result.

We also published Regulatory Position Statement (RPS) ‘Storing tyre shred and chip at a port: RPS 238’ on 3 July 2020, which if the conditions are met, allows the temporary storage of tyre shred at a port without an environmental permit.

We amended the RPS on the 15 September 2020 in light of feedback from industry and new information on fire-risk. We have used that learning to inform our thinking for this new standard rules permit.

3. Scope of the consultation

Where an operator can meet the rules, the standard rules permit will provide an alternative to a bespoke permit.

4. Summary of main findings and actions we will take

We were told that the total amount of tyre shred and the storage period we consulted on is about right but only for storage at ports. We will keep the storage limit to a maximum of 5,000 tonnes for up to 3 months, but we will restrict the standard rules to storage at a port only.

We were told that clean cut shredded tyres and clean cut chipped tyres (as defined in PAS 107) have established export markets for energy recovery. Therefore we will include both within the standard rules.

We received additional information on self-heating PAS 107 certified clean tyre shred and chip. We will:

• restrict the standard rules to storage of PAS 107 certified clean shred and chip only
• increase the maximum amount of shred and chip stored in any one pile to 3,000 cubic metres (around 1,500 tonnes)

Clean cut shred and chip means any exposed wire is incidental and less than 5% textiles is showing.

We believe these changes to the standard rules are risk-based and proportionate and will still prevent pollution of the environment and harm to human health.

4. Responses to consultation questions

We received 5 responses to our consultation. The respondents are listed in the annex.

Question 1. Limits on permitted activities

The draft rules limit the activities to: PAS 107 certified tyre shred only (European Waste Catalogue (EWC) code 19 12 04); storage only (no treatment); maximum of 5,000 tonnes on site; maximum storage duration of 3 months.

What is your opinion of these limits, and why? If you would prefer alternative limits, set them out, explain why you propose them, and provide evidence to show that they do not increase the risk of pollution or harm to human health.

The responses were:

• supported limits: 0
• reduce limits: 4
• increase limits: 0
• do not know: 0
• not answered: 1

All respondents considered the limits too high for a standard rules approach because they may create a risk from speculative accumulation. However, there was support for the limits if the standard rules only apply to ports.

There is evidence that storing tyre shred at ports is order-specific and so the risk of abandoning it is low. We were told that the tonnage limit represents the upper end of a ship size for export and so covers most export situations.

We were told that the storage period was appropriate for building stockpiles at a port pending export. And, clean cut PAS 107 certified tyre shred and chip have established markets for energy recovery. This gives us confidence in:

• the quality of the export material
• a low risk of abandoning it or abusing the requirements

Operators will need to demonstrate to us that they are complying with the conditions of the standard rules in full through their procedures and records.

We will restrict the standard rules to:

• storage at ports only
• PAS 107 certified tyre shred and chip (EWC code 19 12 04)
• storage only (no treatment)
• a maximum of 5,000 tonnes on site
• a maximum storage duration of 3 months

Question 2. Operating techniques to control fire risk

The draft rules set out minimum requirements to prevent fires and, if they occur, to limit their duration and ability to spread.

What is your opinion of these techniques, and why? If you would prefer alternative techniques, set them out, explain why you propose them, and provide evidence to show that they adequately manage fire risk without requiring any site-specific assessment of permit applications by the Environment Agency.

The responses were:

• yes: 0
• no: 5
• do not know: 0
• not answered: 0

The main fire prevention measures in our proposals were, you:

• can store no more than 300 cubic metres of tyre shred in any one stack
• can stack no tyre shred higher than 4 metres
• can only locate tyre shred stacks 6 metres or more from each other unless you use an appropriate fire wall with at least 1 metre freeboard

The responses made different points. We were told that a site-specific risk assessment should always be done. However, we could not progress with a standard rules approach if we required this as all permits for this activity would need to be bespoke. By restricting the activity to ports, where we are confident there is good 24 hour security, and with additional restrictions, we consider that a standard rules approach will manage fire risk.

We will restrict the standard rules to storing PAS certified clean cut shred and chip only. Therefore any exposed:

• textiles is less than 5%
• wire is incidental

Risk of clean cut tyre shred and chip self-heating is very low and by restricting storage to ports, risk of arson is low.

In view of these additional restrictions and storage demands, we will increase the storage of tyre shred and chip in any one stack from our precautionary limit of 300 cubic metres to 3,000 cubic metres. We will also increase stack height from 4 to 5 metres.

Operators will still need a site-specific fire prevention plan which we may decide to review during our compliance work.

We recognise that the Waste Industry Safety Health forum require larger separation distances between piles than we consulted on. We have set these distances by recognising the other controls required to prevent fire – the methods to detect fire early and for tackling fire if one was to occur.

Question 3. Impacts other than risk of fire

Given the waste stored is restricted to PAS 107 certified tyre shred, we consider that the draft rules will adequately control pollution from emissions of dust or water contaminated by, for example, oils or fire-fighting run-off. What alternative or additional controls, if any, do you think are required to control these risks, and why? For example loose shred must be stored in bags.

The responses were:

• yes (additional measures): 0
• no (no additional measures): 5
• do not know: 0
• not answered: 0

No additional controls were suggested for our standard rules approach. We do not think dust, vermin or site littering of tyre shred and chip will warrant further controls than the general requirement for good housekeeping.

We received one suggestion for a financial bond to deal with financial risk if tyre shred and chip is subsequently abandoned. We note that government will be consulting on making green-list wastes notifiable. Notifiable wastes require a financial bond to cover the waste from the port onwards. We think this is the better mechanism for tackling abuse in the waste chain.

Question 4. Further comments

Please provide any other comments you wish to make about the draft rules.

The responses were:

• additional comments: 3
• no additional comments: 2
• do not know: 0
• not answered: 0

Respondents took the opportunity to call for the withdrawal of the T8 waste exemption. We note that government intends to publish its consultation response on changes to the waste exemption regime by the end of 2020.

We were also asked to include in this standard rules approach, all PAS 107 qualifying materials and sizes. For the reasons previously stated, we will restrict this new rule set to clean cut PAS 107 certified tyre shred and chip only.

Question 5. Generic risk assessment

The draft rules are accompanied by a generic risk assessment.

Does the risk assessment adequately cover the risks associated with this activity? If not then please state the reasons.

The responses were:

• yes: 2
• no: 2
• do not know: 0
• not answered: 1

One respondent said we have missed the risk of abandonment. We have dealt with this risk by restricting these standard rules to storing PAS 107 certified, clean cut, tyre shred and chip. We are confident that the cost of producing tyre shred and chip minimises the later risk of abandonment. However, we do recognise that the risk of collected but unprocessed or baled tyres being abandoned is high.

We will also restrict this standard rules permit to ports. The cost of storing tyres at a port supports the intention to export rather than to abandon. The duration allowed for storage further minimises this risk.

Another respondent again recommended a requirement for a bond to minimise financial risk should material be abandoned. We do not think this is necessary because of the limits we have set and that transfrontier shipment movements have a bond. We also note that government will be consulting on making green-list wastes notifiable.

We think this is the better mechanism for tackling abuse in the waste chain.

5. Next steps

We have published this consultation summary. We will now publish the new standard rules permit and its risk assessment on the GOV.UK website.

Individuals who wish to follow up their responses, or points made within this document, in more detail are welcome to contact us:

Email: [email protected]

6. Annex

List of consultation respondents (by organisation name):

• Big Atom
• Credential Environmental Limited
• Murfitts Industries Limited
• The Tyre Recovery Association Limited
• an individual - PhD postgraduate on waste fires for the Waste Industry Safety Health forum