UK Quality Ash Association Page 21.

The Quality Protocol for PFA and FBA for England, Wales and Northern Ireland The Quality Protocol defines when ash ceases to be a waste. At the current time this is only applicable for bound and grouting applications.

The Waste Framework Directive (WFD) and the Quality Protocol for PFA & FBA (England & Wales and Northern Ireland) For a number of years there have been differences in interpretation of the definition of waste between the Environment Agency and the UK Coal Fired Power Industry. However, after some years of work by the UKQAA, the Joint Environmental Programme (JEP) and the Association of Electricity Producers (AEP) in conjunction with WRAP and the Environment Agency (For England and Wales), these bodies have agreed a series of documents that remove the problems and stigma of the word 'waste'. These take the form a Quality Protocol (QP), a Technical Report and a Financial Impact Assessment. The Quality Protocol in conjunction with the other documents defines the criteria when coal fired ash products, PFA or fly ash and FBA, can be used without the necessity of obtaining waste exemptions/permits and licences. The Quality Protocol for Bound and Grouts (published October 2010) was accepted within the EU during July 2010 and this document is accepted within England and Wales and Northern Ireland as that which defines when ash products cease to be waste. Scotland has their own procedures. It was launched on 4 October 2010 at the AEP offices in London. For specific applications the links below will take you to documents that describe how the Quality Protocol operates in some detail and the steps required for compliance purposes. For Unbound applications, more work that has carried out on the leaching from ash products using the latest test methods. The results from this process are currently being assessed and appropriate text agreed. Within the next 12 months an extended/updated Quality Protocol will be produced which will cover unbound applications, based on the ongoing work. In the interim, the Environment Agency has produced a Regulatory Position Statement which assists the fly ash industry in to continue to supply ash for unbound applications without having to apply for licences and permits. This document is called "The regulation of materials being considered under the Waste Protocols Project" and describes the position the Environment Agency (For England and Wales) will take during the interim period prior to the production of Quality Protocols for a number of materials, including Unbound PFA. The current version is Version 11, October 2010. In addition to the Regulatory Position Statement there is a Position Statement relating to Bound and Grout applications. This explains the situation in respect of the Quality Protocol for Bound and Grouts, but also clarifies the position in respect of Unbound applications. The current version is Position Statement 030, Version 2.0, November 2010. The situation within Scotland is different, due to the differences in Scottish law and the interpretation by SEPA. Further information on SEPA's approach can be found on www.sepa.org.uk. NB: Direct web links are not given to the Quality Protocol, Regulatory Position Statement and Position Statement because the Environment Agency are continually moving the files on their web site. Please ensure you have the latest information on the WFD and QP by visiting the Environment Agency's web site - see http://www.environment-agency.gov.uk/pfa where links to the appropriate documents should be given. Alternatively, go to the Environment Agency's web site and carry out a search for Quality Protocol and/or PFA. Note; The UKQAA cannot accept any liability for any changes that may occur in the regulatory position taken by the Environment Agency - it is up to the user to ensure they have the latest information on the issue.

How the Quality Protocol Operates The aims of the Quality Protocol is to identify when PFA/FBA cease to be waste, having been fully recovered in the eyes of the Environment Agency. Therefore, they may be used by business or industry or supplied into other markets without the needs for waste management controls. The primary requirements of the protocol are summarised below, however, we would advise the user to download the Quality Protocol (which is free if charge) and read it thoroughly. • Compliance with the Quality Protocol is voluntary. Producers and processors may still supply PFA/FBA as 'wastes', but these will subject to waste management controls and regulations for transportation, storage and use. For example waste transfer notes, permitted sites, licences, etc. • The Quality Protocol only applies to England, Wales and Northern Ireland. PFA/FBA supplied elsewhere would be subject to the National requirements of the country to which the material is being sent. An example would be Scotland, see above. • The Quality Protocol applies to coal fired power station ash, including co-combustion. It may be subject to processing, e.g. screening, classification, carbon reduction, etc. • The ash must comply with one or more of the Approved Product Standards as listed within Appendix B of the Quality Protocol. The supplier of the ash should ensure the requirements of the standard in relation to minimum test frequencies and Factory Production Control (FPC) are complied with. All UKQAA members have been given advisory documents on how to set up FPC documentation and the minimum test requirements of the various standards. • All bound and grout applications are subject to good practice requirements, which equally applies to the user. The producer of the ash cannot be held responsible where the user purchases ash for one application and then proceeds to use for a different application, which may or may not be covered by the Quality Protocol. • The ash may be used in bound applications, such as concrete, cement, ceramic products, brick making, etc. Normal industry best practice should be followed. Specifically, where concrete containing PFA is in contact with drinking water DWI Advice Note 7 applies. • Grouts should be used following the advice of BRE 2009 edition of "Stabilising Mine Workings with PFA grouts - Environmental Code of Practice (BR509)". NB: In the QP it states this is called BR488, when in fact the 2009 edition has been re-numbered as BR509. BR509 contains a simplified Environmental Risk assessment procedure, which should be adopted for grouting applications where applicable. • In order for the producer/processor to comply with the Quality Protocol, records have to be kept as detailed within Section 3. • Of course the user is subject to compliance with HSE requirements, Groundwater Protection and generally requirements for protection to the environment. See Technical Datasheet 9.0 for HSE aspects. • As Quality Protocol compliant ashes are not considered as wastes, they have to be registered as substances under REACH. For information, all the UK coal fired power station operators are in the process of registering PFA and FBA by December 2010, as required under the REACH regulations. Summary Coal fired power stations operators, ash processors and ash marketing companies are generally expected to comply with the requirements of the Quality Protocol for Bound and Grouting applications. While the Quality Protocol was published on 4 October 2010, clearly a period of time to establish testing procedures, develop Factory Production Control documentation and build up a database of information will be required. It is expected that the Quality Protocol requirements will be fully implemented by January 2011 by the various ash producers. Supplies from those who are compliant, will in the future supply ash to one of a series of product standards as listed in Appendix B of the Quality Protocol. In many cases these will be CE marked products, though until the introduction of the Construction Products Regulations in~2012, CE marking is not compulsory within the UK. The product standards to which the ash being supplied with should be commensurate with the applications listed within Appendix B and the use of generic descriptions such as 'Run of Station' ash shall not be used. Suppliers who decide not to comply with the Quality Protocol for Bound and Grouts applications may continue to supply, but the ash will be classified as a waste in the opinion of the Environment Agency (England, Wales and Northern Ireland) and therefore would be subject to waste management controls, e.g. permitting, environmental risk assessments, licences, etc. The user should ensure they advise the ash supplier of their application and that this is covered within the Appendix B list of applications. They should also ensure they are compliant with Appendix C of the Quality Protocol relating to best practice. For grouting applications, BR509 should be complied with and the simplified risk assessment carried out.

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