The Environment Agency has said it welcomes a Court of Appeal ruling this month, because it has cleared up confusion over the definition of waste oil. The Agency will now have to make changes to its position on the material following the culmination of its long-running battle with Merseyside based OSS Group. Three senior judges ruled that Clean Fuel Oil (CFO), which is produced by OSS as a result of a £3million project, was a product and not a waste. CFO is recycled from used lubricating oil, collected from places like petrol stations, and OSS claim it is environmentally friendly and almost indistinguishable from "virgin" fuel oil.
For almost two years, the Environment Agency has disagreed, stating that CFO was still a waste even after it had been cleaned and treated. By using it as a fuel and burning it, OSS and its customers would have to comply with European waste control legislation, making the innovative product unviable and impossible to sell. But the Court has backed OSS and the Agency has now said in a statement, "We broadly welcome the Court of Appeal's judgement that should provide clarification in a complex area of law." They added that they would begin to make changes to make sure its staff and policy-makers understand the implications of this ruling and put in place the systems to deal with the potential changes it may bring. One possible suggestion is a partnership with the Department for Environment, Food and Rural Affairs (DEFRA) to develop practical guidance for anyone producing waste oil.
OSS managing director Andy McNair described the ruling as a victory for common sense. "This is excellent news, which means we can continue our production of CFO and our customers can continue to benefit from a lower cost alternative to virgin fuels."
