Background and consultation documents

The Quality Protocol for the production of processed fuel oil (PFO) from waste lubricating oils (WLO) was developed in response to the Court of Appeal judgment in OSS Group Ltd v Environment Agency which considered the question ‘..whether a lubricating oil, not originally used as a fuel, which becomes waste, can be burnt other than as waste…’.

The court ruled that, in order for a waste to cease to be waste ‘it should be enough that the holder has converted the waste material into a distinct, marketable product, which can be used in exactly the same way as an ordinary fuel, and with no worse environmental effects’.

As part of the ruling, the Environment Agency was asked to work with industry to determine the point at which WLO ceases to be defined as waste. As this had many similarities with the methodology followed by the Waste Protocols Project, it was decided to use the same methodology, and apply it to waste lubricating oils.

This Quality Protocol is the result of that work.

Normally, the waste protocols project produces a technical report which sets out the findings of a Technical Advisory Group (TAG) comprised of industry and regulatory experts, and makes clear recommendations about when a waste should cease to be waste. In the case of WLO, this wasn’t possible as the TAG could not reach a consensus on a common standard which WLO could be processed to meet. Instead, the technical report, commissioned on behalf of the TAG, presents the evidence gathered by the TAG, and a transcript of their meetings.

The Environment Agency commissioned further work in order to develop a suitable specification for PFO. The outcome of that work is presented in the Key Decisions report, which provides a framework connecting the risk assessment and technical report. The Key Decisions report explains how the Environment Agency used the evidence submitted by the TAG to develop specifications which PFO must be able to meet.

The Protocol

Below is the list of relevant consultation documents. To open these pdf documents you need Adobe Reader, which you can download and install for free.

Quality Protocol for the production of processed fuel oil from waste lubricating oils

Draft Quality Protocol (opens in a new window)

Consultation questions (opens in a new window)

Additional information that may be useful when going through the consultation:

Key Decisions (opens in a new window)

Technical Report (opens in a new window)

Metal Contamination of Waste Oils: Report by EMRC (opens in a new window)

 

Consultation process

There are two phases to this consultation:

• A consultation phase (in which participants submit their views on a series of questions)
• A review phase (where the responses are displayed, along with a summary report)

In order to participate, please register or - if you have already registered for this consultation - proceed directly to the Login page.