Waste Incineration: Permit Variation

Rebecca Pow Excerpts

Thursday 1st December 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to see you in the Chair, Mr Efford. I thought this was going to be a short debate, but it has been very full, hasn’t it? We have had a great amount of detail and passion on the subject of incinerators, although I expected no less given that the Members present are vociferous spokespeople for their constituents on this issue and are always speaking up for them.

I congratulate my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) on securing the debate. This is one in a long line of debates he has secured on the proposed expansion of processing capacity at the Beddington energy recovery facility. He noted that there are no Liberal Democrat colleagues present to join in the debate and speak up on these issues, which he raised seriously for his constituents; indeed, no one is speaking up for the Liberal Democrat Sutton Council.

As my hon. Friend knows, the Environment Agency launched a consultation on 10 November to seek views on the operator’s proposals to extend the capacity of the Beddington incinerator, and the consultation is open until 23 December. I encourage him and his constituents to make their views known—I am sure he is already doing so. By holding the debate, he is clearly showing his intent, but there is due process and a correct way of taking part in the process.

Under the Environmental Permitting (England and Wales) Regulations 2016, the Environment Agency is required to consult on any substantial change to environmental permits or to those considered a site of high public interest, which is what the Beddington incinerator is designated as. The Environment Agency has a legislative process to follow and, as my hon. Friend will know, I cannot comment directly on the merits of any such application while that consultation is ongoing. He suggested that there have been hundreds of breaches of permits; I believe that is not actually the case, but I would be happy to write to him to set out clearly what the situation is and to clarify the position about the breaches, if he is happy with that.

I thought I would provide an overview of the work my Department is doing to minimise residual waste, as well as the Government’s considerations on energy from waste, so that I can allay some of the concerns raised by hon. Members. All large energy-from-waste plants in England must comply with strict emission limits and they cannot operate without a permit issued by the Environment Agency. The EA will grant a permit or give permission to vary a permit only if it is satisfied that the plant would not give rise to any significant pollution of the environment or harm to human health. The UK Health Security Agency’s position is that modern, well run and regulated municipal waste incinerators are not a significant risk to public health. When the Environment Agency receives an application, it assesses it against the criteria required by the environmental permitting regulations and, for applications to vary an environmental permit, the Environment Agency is duty bound to issue a variation if the environmental impact remains acceptable and other relevant requirements are met.

I will touch on some of the issues raised by my hon. Friend the Member for Loughborough (Jane Hunt). She spoke about air quality in her constituency and how it relates to elite athletes and so forth. All energy-from-waste plants have to comply with strict emission limits, as she knows, under the environmental permitting regime. They cannot operate without one of those permits. As I have just said, the UK Health Security Agency’s position is that modern, well-run incinerators are not a significant public health risk.

My hon. Friend also touched on PM_2.5. Obviously, a huge amount of evidence has and is being gathered to set the PM_2.5 targets. DEFRA works with the Committee on the Medical Effects of Air Pollutants and specialists in the Department of Health and Social Care—we have a joint unit on the issue—so that we take the best evidence on health issues. We are finalising the response to our targets consultation and working as quickly as we can to lay draft statutory instruments as soon as is practical, so my hon. Friend will know about those shortly. I want to allay her fears on that particular point.

All my hon. Friends touched on our resources and waste strategy. In the 2018 resources and waste strategy, we set out how we will preserve our stock of material resources by minimising waste, promoting resource efficiency and moving to a circular economy. That was outlined by my hon. Friend the Member for Keighley (Robbie Moore). In addition, we have consulted on establishing a statutory target under the Environment Act 2021 to reduce residual waste arisings on a kilogram per capita basis by 50% by 2042, from 2019 levels.

[Jane Hunt]

What the Minister is saying about increasing recycling to reduce the amount going to incineration is absolutely superb, but we are already over capacity before my incinerator is online and certainly before the incinerator in Keighley is online. Could we have a moratorium, so that we do not put those incinerators online while we assess what can be done otherwise?

[Rebecca Pow]

That issue was also raised by the shadow Minister, the hon. Member for Leeds North West (Alex Sobel). DEFRA has no plans to introduce a moratorium on new energy-from-waste capacity in England, because we expect the market itself to assess the risks and determine the economic viability and deliverability of developing the new infrastructure. There is no financial advantage for the public sector or the market in delivering overcapacity in the energy-from-waste provision in England. Through the resources and waste strategy, we have committed to monitoring residual waste treatment capacity and we intend to publish a fresh analysis of that in due course.

The strategy is about reducing waste, reuse, recycling and so forth. The whole point is to reduce the amount of waste we get, and the strategy will play an important part in diverting residual waste that cannot be prevented, reused or recycled from landfill. Landfill is generally considered the least favourable method of managing waste; incineration comes above that. We are putting in place consistent collections, deposit return schemes and extended producer responsibility schemes, which all seek to reduce the amount of waste that we need.

In October 2020, we changed the law to introduce a permit condition for energy-from-waste operators that prohibited them from accepting separately collected paper, metal, glass and plastic, unless it had gone through some form of treatment process. We are at the point of setting up the new scheme where every single authority will have to have consistent collections, where they will separate such waste, and none is able to go into an incinerator. That is what I mean when I say that the market will determine the life of incinerators and whether we need future incinerators. Taken together, our policies will reduce the dependence on energy-from-waste plants. Even so, there will always be some residual waste and some energy-from-waste capacity will always be required.

I heard the passionate comments about Labour-run Bradford Council. It has made its own decision about whether it wants to rely on incineration; I urge that council to look much more at reuse and recycling, much as my hon. Friend the Member for Keighley said. He was vociferous on that point. Waste operators need to consider what constitutes appropriate levels of treatment capacity, based on the availability of residual waste, in the context of our national policy measures for waste reduction. It is really important that any proposed developments do not result in overcapacity in energy from waste—I think that that is actually what my hon. Friend was saying—at local or national level.

Some interesting points were made about permitting and what was or was not taken into account. Of course, the Environment Agency’s principal legislation for regulating waste activities is the Environmental Permitting (England and Wales) Regulations 2016, which specifically preclude the EA from addressing nuisances and hazards arising from traffic. The issue of traffic was raised to a huge extent. The EA cannot include on environmental permits conditions that address the volume or emissions of traffic. As has been pointed out, vehicle movements are specifically covered by planning legislation, which falls under the remit of the local planning authority and must be considered at the planning stage. That is where the case has to be made to my hon. Friend the Member for Carshalton and Wallington’s Liberal Democrat council or my hon. Friend the Member for Keighley’s Labour council, because it is they that have granted those permissions. That is an important point to remember.

In the resources and waste strategy, we are absolutely committed to monitoring residual waste treatment capacity. As I have said, we intend to publish a fresh analysis of that capacity in due course.

I thank everyone very much for raising their points. Some really serious points have been made in this debate. I believe that there is general consensus among all of us that we want to minimise waste and maximise the use of our resources. I know that the shadow Minister and I have a lot in common on this subject. I have set out the measures that my Department is already taking, which aim to minimise residual waste and maximise recycling. I have set out that although there will always be residual waste that requires managing, we do not want to see overcapacity in energy-from-waste treatment. On that note, I shall conclude.