Frustration over UK RFO divide

Asphalt firms with operations across the UK have been voicing concern over the ongoing effects of Scotland’s decision not to follow the Environment Agency and allow the firing of recovered fuel oil (RFO).

Following high profile court battles with OSS last year, the Environment Agency and the Welsh Assembly Government sent out an AQ stating they were to “…regard a substance derived wholly or partially from used lubricating oils as having ceased to be a waste.”

This allowed asphalt firms to burn RFO while the EA and the EU thrashed out a protocol to govern the processing of waste oil in a fuel. Scotland, however, chose the judgments from a Scottish case on which to base its approach.

Scottish Environmental Protection Agency’s (SEPA’s) Ian Conroy explains: “In SEPA versus Scottish Power Lord Reid ruled that waste can be recovered but you have to replace like with like.

“The Environment Agency based its interim position on a British Standards specification for heavy fuel oils that does not take into account metals contamination or complex hydrocarbons. We wanted to develop protocols governing the process to ensure it was like for like,” he told MQR.

The Sepa protocol is a three-stage process that involves identifying the waste, analysis of the end product and environmental trials. Only one firm has so far been through it – another is part-way through – and the process took a year!

Conroy admits that the process is taking “longer than he would like” but hopes things will quicken up once the protocol is established. He also says Sepa is waiting for the end of waste communication from the EU before developing its next step. However, he makes it clear that the three-stage process will remain.

In England the EA is still trying to decide whether to introduce a protocol or release a regulatory statement. Following Technical Action Group (TAG) meetings late last year it had hoped to have a decision by the end of January. A spokesman told MQR an announcement should be made next week on the issue. MQR will keep you informed.

Meanwhile, firms with asphalt operations across the UK complain that this UK RFO divide is creating an un-level playing field, while those in Scotland say they want the same opportunities to access the fuel as English and Welsh operations.