The draft Decree of the Ministry of the Environment setting out the conditions under which solid fuel from waste and fuel from waste biomass cease to be waste is in the inter-ministerial comment procedure. A brief history of the proposal: After two attempts in the summer of 2018 and in May 2022, we have a high-quality draft with nine paragraphs, three annexes and with a proposed effective date of 1 June 2023. It concerns two types of waste: TAP from waste and TAP from waste biomass.
The concept of Waste - to - Energy, i.e. the energy recovery of waste, is a logical part of the circular economy and fully accepts the principles of the waste hierarchy. It should be reiterated that material recycling and thermal recovery are not in competition with each other.
The discussion around the decree mainly revolves around three main issues:
- What are the requirements for waste entering the TAP production process?
- What are the waste treatment requirements and criteria for TAP from waste or waste biomass to cease to be waste?
- Which standard is clearly binding and determinative for TAP?
As far as standards are concerned, it makes sense to follow those that are proven and uniform across Europe. In this case, ČSN EN ISO 21640 Solid Alternative Fuels - Specifications and Classes dated 1 June 2022 and ČSN EN 15358 Solid Alternative Fuels - Quality Management Systems - Specific requirements for their use in the production of solid alternative fuels dated 1 September 2011.Finding your own Czech way, instead of accepting standards adopted in the EU, is not a sensible solution. The Decree sets the basic rules for the use of TAP on the basis of these EN ISO standards. The binding standard will be CSN EN ISO 21640 - Solid alternative fuels - Specifications and classes.
In the discussions on the first two points, inputs and processing procedures, various stakeholders such as associations, unions, associations or businesses agreed on a number of conditions during the conference settlement of comments on 31 October 2022:
Fuels from waste will only be allowed to be made from waste without hazardous properties;
The producer of the waste fuel will define an end plant meeting the above condition and effective control (e.g. by means of delivery notes) will be ensured for the control authorities;
The resulting fuels will only be allowed to be used in plants meeting the requirements for waste incineration under the IPPC regime (and under the relevant air protection legislation) with a minimum of 20 MW installed thermal input
The final proposal of the Ministry of the Environment is largely based on the negotiations over the past few months. ČAObH advocated mainly for logical and conceptual continuity with the standards and established nomenclature accepted by the professional public, i.e. that the title of the decree should also include "Solid Alternative Fuel". Furthermore, it is essential that each operator of a waste-to-energy plant sets the characteristics of the alternative solid fuel so that it corresponds to the technical specification required by the boiler manufacturer and does not damage its equipment, which is worth hundreds of millions of crowns. Last but not least, it should be stressed, and there is a consensus in the expert discussions, that the use of TAP in stationary sources does not entail any 'softening' of air protection legislation and the same limits apply as for waste incineration and BAT provisions.
The application of the Ordinance can also benefit from previous amendments to the related legislation, namely in the context of the problems in material recycling and the emerging energy crisis of 2022, an amendment to Ordinance No 273/2021 was made at the end of last year, where the amendment concerned the proportion of waste generated from the treatment of separately sorted recyclable municipal waste that can be incinerated in an energy recovery facility.
The change is simple: compared to the percentage still set according to the dates up to 2021, when the percentage for plastic was to decrease from 45% in 2022 to 40% in the following years 2023 and 2024, the percentage remains the same after the amendment of Decree No 273/2021 for both years 2023 and 2024, i.e. 45%.
Miloš Kužvart,
Executive Director of the Czech Association of Circular Economy, z.s.
