Incineration (Hansard, 6 July 2000)

§ Mr. Meacher

[holding answer 20 June 2000]: Incinerator emissions are already tightly regulated. Under the provisions of Part I the Environmental Protection Act 1990, regulators (for England and Wales, either the Environment Agency for larger plant and all hazardous waste incinerators, or local authorities for other plant) must include in an incineration plant's permit conditions to deliver BAT/BATNEEC (Best Available Techniques Not Entailing Excessive Cost). Guidance is published on what constitutes BATNEEC. The regulators have powers to require independent emissions testing where they consider it warranted.

Data on levels of dioxins in ash sent for disposal are not routinely held by the Agency or my Department. The operators of incineration plant are required by section 34 of the Environmental Protection Act 1990 to provide sufficient information to those managing waste ash to ensure that it is disposed of appropriately, for example chemical and physical information. They are also required to ensure that ashes which contain hazardous substances above certain thresholds are disposed of in accordance with the Special Waste Regulations 1996 (as amended). Environment Agency powers enable it to monitor the operation of these controls. We have no plans at present to introduce further requirements for testing ash sent for disposal.

The Environment Agency requires that site-specific authorisation be sought for the use of ash in unbound construction applications and for ashes which have not been 'characterised' on the basis of various chemical properties. Where used in a construction application the processed ashes will normally be required to meet relevant technical specifications. We understand that the industry is working towards a quality control procedure to ensure that the ash consistently meets the 'fit for purpose' criteria required by these technical specifications. DETR, the Environment Agency and industry representative organisations are also developing a policy protocol for the use of Incineration Bottom Ash (IBA) in construction applications. A draft is currently under review. It will also require the 'characterisation' of ash for various chemical properties which, according to best practice, would be carried out in accordance with a robust quality control procedure.

The proposed waste incineration Directive (Common Position (EC) No 7/2000), which the Government have welcomed and which is now in the last stages of negotiations, will apply to virtually all types of incineration and co-incineration plant. It sets stringent standards for emissions to air and water, places controls on solid residues, and includes monitoring requirements for air and water emissions. Article 9 of the proposal also says: Prior to determining the routes for the disposal or recycling of the residues from incineration and co-incineration plants, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the different incineration residues. Similar wording is already included in Article 9(4) of the hazardous waste incineration Directive (94/67/EC). Subject to the remaining stages of negotiations, the proposed Directive is likely to apply to new plant from Autumn 2002 and to existing plant from Autumn 2005.