Agency withdraws EPR 5.07 after lobbying from SMDSA
EPR 5.07: Clinical waste
In an unprecedented turnaround, the Environment Agency today withdrew its latest guidance document on clinical waste treament facilities - EPR 5.07 (S5.07), following a formal complaint and intense lobbying from the SMDSA (Sanitary Medical Disposal Services Association).
The Agency posted the following statement on its web site:
"Following representation from the Sanitary Medical Disposal Services Association (SMDSA), we have agreed to temporarily withdraw the guidance document EPR 5.07: Clinical Waste.
We have done this to enable further dialogue with SMDSA on certain aspects of the guidance. It was agreed with SMDSA that these further discussions will be concluded during the autumn and the guidance reissued by the end of 2010.
The guidance 'S5.06, Appendix 6: Supplementary PPC for clinical waste', continues to apply to alternative treatment installations"
The SMDSA have been in detailed discussion with the Agency for over 2 years to develop practical solutions to the planned implementation of The Environmental Permitting (England and Wales) Regulations 2010. The SMDSA have developed a Universal Audit Tool for small waste producers (up to 5 tonnes per year) with the approval of the Agency.
To support the Regulations, the Agency had consulted on a proposed guidance document (EPR 5.07) which brought together key elements of PPC clinical waste guidance S5.06 (April 2007) and draft WML clinical waste guidance (December 2006).
During the above processes, the SMDSA had advised the Agency that certain aspects were unworkable and impractical, and re-iterated these comments in the consultation, proposing instead a number of practical working solutions:
- Production by the Agency of a Briefing note to be ciculated by the industry explaining to producers the general requirements. Read latest Briefing note.
- Division of the auditing requirements and schedules for small and large waste producers using a risk based approach.
- A protocol within the industry for standardisation of auditing information and procedures to ensure effective control and availability of information without the need to breach commercial confidentiality.
Unfortunately, whilst the Agency accepted the industry's request for a producer briefing note, and proposals for a risk based approach to auditing, they remained intransigent on the requirement to unload all wheeled bins delivered to disposal sites and insisted that audit information must be held at the disposal site.
Fearing that the published guidance would lead to market chaos, breach of competition law and unprecedented administrative burdens, the SMDSA raised a formal complaint against the Agency with ministers. A meeting was arranged between Victoria Sawford (Chair of SMDSA) and Liz Parkes (Environemnt Agency Head of Waste) and their respective teams to seek a resolution.
A key outcome of the meeting was the Agency's agreement to withdraw the guidance document, acceptance of the SMDSA's original proposed protocols for storage of audit information. The SMDSA have been asked to co-ordinate a sector redrafting of the guidance. A further meeting is planned during the autumn to agree a final format of the guidance and discuss practical options for inspecting the contents of bins before tipping so that it may be re-issued by the end of the year.
UPDATE 11th February 2011: The agency have today published the revised document (v1.1)
