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Renewable Energy: Waste

Volume 494: debated on Monday 15 June 2009

To ask the Secretary of State for Environment, Food and Rural Affairs what assessment he has made of the merits of amending section 1.1 of the Environmental Permitting Regulations 2007 to (a) take into account the Court of Appeal ruling in the OSS Group v. Environment Agency case and (b) to ensure that used cooking oil that has obtained an End of Waste classification from the Environment Agency is treated as a virgin oil; and if he will make a statement. (276189)

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, schedule 1, part 2, section 1.1 of the Environmental Permitting (England and Wales) Regulations 2007 applies to fuel manufactured from waste regardless of whether the waste from which it has been manufactured has been fully recovered and has ceased to be waste.

This section was contained in predecessor regulations dating back to the last decade. No assessment of its impact specifically on used cooking oil has been carried out. DEFRA has no plans to change this section of the regulations.