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New Rules for Site-Won Asphalt and Soil & Stones

The Environmental Protection Agency (EPA) has established the National By-Product Criteria for Site-Won Asphalt (BP-N001/2023) for use as a raw material in Reclaimed Asphalt Pavement (RAP) plants for the manufacture of bituminous mixtures.

The National Criteria established by the EPA defines site-won asphalt as the following: “the material to be recycled, in the form of milled asphalt road layers or as slabs ripped up from asphalt pavements. This material can also be referred to in the industry as Reclaimed Asphalt Pavement (RAP) material.”

The EPA has also developed the Draft National By-Product Criteria for Greenfield Soil and Stone (BP-N002/2024) from undeveloped land, which is destined for lawful use at another development. This Criteria is used to determine when greenfield soil and stone from undeveloped land, which is destined for lawful use at another development, is considered a by-product and not a waste.

Greenfield soil and stone is defined as “soil and stone from land that has not been previously developed and is not contaminated soil and stone” in the Draft National Criteria developed by the EPA.

The declaration of residuals from production processes as by-products and not wastes can lead to reductions in environmental impacts and the costs associated with waste recovery or disposal.

The development of National Criteria BP-N001/2023 and BP-N002/2024 allows by-product status to be automatically attained for site-won asphalt and greenfield soil and stone by demonstrating compliance with the relevant National Criteria without having to wait for a by-product determination from the EPA. The development of the above National Criteria removes the requirement for stakeholders to submit case-by-case notifications for determination by the Agency, therefore creating a more efficient system. Under the National Criteria, stakeholders may make a once-off national registration for the site-won asphalt and greenfield soil and stone on the EPA’s EDEN portal.

The EPA has issued step-by-step guidance to assist notifiers on how to submit a by-product notification/registration to the Agency via the EDEN online portal. It includes information on gaining access to the ‘Circular Economy Module’ on the EDEN portal and completing the online notification/registration form. The EPA guidance on making a notification on the online EDEN system can be found here.

In order to be determined a by-product, the subject material must meet each of the four conditions below as set out in Article 27(1) of the European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), as amended:

- the further use of the substance or object is certain; (Article 27(1)(a));

- the substance or object can be used directly without any further processing other than normal industrial practice; (Article 27(1)(b));

- the substance or object is produced as an integral part of a production process; (Article 27(1)(c)); and

- the further use is lawful in that the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts (Article 27(1)(d)).

The EPA draft guidance on by-product classification can be viewed here.

June 2024