The question of whether any particular waste has been fully recovered and has ceased to be waste must be determined on the facts of the case and taking into account relevant case law on the definition of waste. The Environment Agency is responsible for the implementation of waste management controls in England and Wales. However, schedule 1, part 2, section 1.1 of the Environmental Permitting (England and Wales) Regulations 2007 applies to fuel manufactured from waste regardless of whether the waste from which it has been manufactured has been fully recovered and has ceased to be waste.
This section was contained in predecessor regulations dating back to the last decade. No assessment of its impact specifically on used cooking oil has been carried out. DEFRA has no plans to change this section of the regulations.