To ask the Secretary of State for Environment, Food and Rural Affairs whether the provisions of the Environmental Permitting (England and Wales) Regulations 2007 Schedule 1, Part 2, Section 1.1 apply to products that have satisfied the end of waste criteria and are used to generate electricity; and if he will make a statement. (275100)

The question of whether any particular waste has been fully recovered and has ceased to be waste must be determined on the facts of the case and taking into account relevant case law on the definition of waste. The Environment Agency is responsible for the implementation of waste management controls in England and Wales.

However, DEFRA has made funding available to enable the Environment Agency to develop end-of-waste protocols, which help determine the point at which certain waste streams have been fully recovered and have ceased to be waste. One such protocol has been developed for waste cooking oil, and its practical effect is that waste cooking oil treated to the standards set out in the protocol may be burned without being subject to waste management controls.