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

To ask the Secretary of State for Environment, Food and Rural Affairs, whether the Environment Agency is taking steps to (a) control and (b) report on the potential risk of toxic contamination from the use of (i) recycled Energy Recovery Facilities incineration ash residue and (ii) Air Pollution Control Residue in building materials.

As was the case when he was Secretary of State for Defra, the ash residue from energy recovery facilities is normally processed into incinerator The bottom ash aggregate (IBAA). IBAA can only be used under the terms of a regulatory position statement (RPS) or a permit issued by the Environment Agency (EA).

The EA have risk assessed the use of IBAA. The RPS sets out placement limitations which allows use of IBAA whilst retaining protection of the environment. If the RPS cannot be met, a site-specific permit and risk assessment is required. Where a permit is issued there is a requirement to report.

Air Pollution Control Residue can only be used as a building material when that material has met the criteria for end-of-waste, which is assessed on a case-by-case basis. This requires that the material must be of no significantly greater risk to the environment or human health than the non-waste-derived equivalent.