Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, upon what criteria she plans to decide whether to remove the derogation in the Waste Framework Directive which currently allows air pollution control residues, which have been recovered from municipal waste to energy incineration facilities, to be treated and disposed to hazardous landfill sites.

The derogation to allow the landfilling of air pollution control residues that are three times above normal waste acceptance criteria was originally granted because there was a lack of alternative treatment capacity at the time to either treat certain wastes to levels meeting normal waste acceptance limits, to treat the wastes via alternative treatment technologies or to recycle or recover the residues. The availability of sufficient alternative treatment capacity and the costs of that treatment are therefore the two central criteria that the government will use to decide whether or not to remove the derogation.

The Government is making an assessment of the quantity of air pollution control residues produced at energy from waste facilities to inform its decision on whether or not to remove the derogation to allow the landfilling of air pollution control residues that are three times above normal waste acceptance criteria. These figures will be available following the announcement of that decision.

The Government is making an assessment of the costs of the different forms of treatment for air pollution control residues, including their mixing into concrete blocks and their disposal to hazardous waste landfill, to inform its decision on whether or not to remove the derogation to allow the landfilling of air pollution control residues that are three times above normal waste acceptance criteria. These figures will be available following the announcement of that decision.