Defra ends T8 exemption on mechanically treating end-of-life tyres

On 15 January 2018, The English Department for Environment Food & Rural Affairs (Defra) and the Welsh Government published a consultation on “proposals to tackle crime and poor performance in the waste sector and introduce a new fixed penalty for the waste duty of care”. That 2018 consultation focussed on the standard of operator competence at permitted waste sites and introduced a fixed penalty notice for breaches of the household waste duty of care. Fast-forward to 13 February 2023 and Defra has made changes to “the ten waste exemptions of most concern”, which includes “mechanically treating end-of-life tyres” (ELT) known as T8 exemptions.

Tyres & Accessories understands that the changes will have to go through Parliament for the legislation to be enacted and then there will be a three-month transition, but the latest move certainly represents progress. As NTDA chief executive, Stefan Hay told T&A: “…the NTDA has been consistently in a favour of the removal of T8 exemptions. We believe that T8 has been abused by rogue operators for many years and has undoubtedly contributed to illegal storage, dumping and fly-tipping and the growth in the dangerous part-worn car tyre trade.”

The waste exemptions regime was designed to provide “a system where certain low-risk waste activities can be carried out under a registration scheme and are exempt from the need to hold an environmental permit”. The latest official documents show that more than three-quarters (78%) of respondents supported changing or removing the T8 exemption relating to mechanically treating ELT.

Indeed, Defra now believes that such ELT cannot be described as low-risk and thus do not qualify for exemption: “Given the level of risk in relation to fire from the storage of tyres, and evidence that exemption limits are being exceeded by significant amounts, we have concluded that the T8 exemption cannot be retained.

“We will therefore remove the T8 exemption from the waste exemptions regime. This will mean that operators currently using this exemption will need to operate under permits or cease their T8 exemption-related activities.

“We do not foresee the costs of removing the use of this exemption outweighing the benefits to environmental protection and public safety, and expect to see increased compliance for those that move into the permitting regime. We also expect to see a reduction in the types of criminal activity associated with the misuse of the T8 exemption. We anticipate this will benefit legitimate operators who are currently undercut by rogue operators.”

According to Defra, Removal of the T8 exemption will not affect fast-fits, garages and those that produce and only store waste tyres as part of their business (including roadside recovery operators) as storing tyres prior to collection at their own premises is covered by Non-Waste Framework Directive (NWFD) exemptions.