To ask the Secretary of State for Environment, Food and Rural Affairs if he will undertake a review of the environmental sustainability of the practice of locating sealed fuel oil tanks beneath domestic residences; and if he will make a statement. (136614)

The need for environmental protection should be taken into account when locating fuel tanks and associated pipe-work underground. In 2002, DEFRA produced a groundwater protection code of practice for underground fuel dispensing facilities which, although aimed at commercial premises, highlights risks and good practice which might read across to domestic premises.

The Building Regulations do not currently apply to underground tanks but there are powers under the Sustainable and Secure Buildings Act 2004 to make building regulations to deal with wider environmental issues if this is shown to be necessary and capable of effective enforcement.

I have recently asked my officials to liaise with other relevant Departments and advise me further on this issue. I will write to the hon. Member with further details in due course and place copies of the letter in the Libraries of both Houses. In the meantime, the Environment Agency has powers under the Groundwater Regulations 1998, to prohibit or control the underground storage of hydrocarbons, and to prosecute if pollution occurs.