§ Mr. DawsonTo ask the Secretary of State for the Environment, Transport and the Regions what powers he has(a) to deal with the problem of smell from animal render plants and (b) to ensure that regulations are enforced by local authorities. [136438]
§ Mr. MeacherAnimal rendering plants are regulated under the air pollution control regime established by Part I of the Environmental Protection Act 1990. Regulation is transferring to the Pollution Prevention and Control Act 1999 over a transitional period.
In accordance with the 1990 Act, rendering plant must be authorised and regulators must include in authorisations conditions aimed at ensuring the use of the Best Available Techniques Not Entailing Excessive Cost (BATNEEC) to prevent, minimise and render harmless emissions. "Harm" is defined in the Act as including offence to the senses and hence local authorities must address any odour issues. The statutory guidance issued to regulators concerning BATNEEC for animal rendering plant focuses especially on the odour issue and we updated and strengthened the guidance earlier this year.
The 1990 Act gives regulatory responsibility for animal rendering plant to local authorities. It additionally provides the Secretary of State with a number of reserve powers which could be exercised in the event of regulatory failings. These include the power to direct what conditions should be imposed in a given case, to direct whether an enforcement notice should be served or whether an authorisation should be revoked, to direct that regulatory responsibility be transferred to the Environment Agency, and to direct that an application for authorisation be referred to him for determination.