To ask the Scottish Executive what steps it is taking to ensure that ozone depleting substances (ODS) contained in building foams in steel-clad buildings that are being demolished are disposed of in such a way as to minimise the environmental impact.
The recovery and disposal of CFCs in demolition waste forms part of a European Commission proposal to recast and amend the existing EC Regulation covering the elimination of man-made ozone-depleting substances (ODSs). The Scottish Government is working with the UK Government, SEPA, the Scottish Building Standards Agency, industry and other stakeholders to assess methods for recovery/disposal of materials containing ODSs from buildings that are being demolished.
Quantifying the amount of embodied ODSs in buildings in the form of building foams is difficult due to lack of clear trade data. Most foams form part of the fabric of existing buildings and as such, the bulk of ODSs used in building foams continue to be locked in the foam. The importance of quantifying the emissions arising from building materials and assessing the level of threat posed is acknowledged. The Scottish Government supports the UK Government''s position that the European Commission is best placed to undertake this work.
The classification of waste as hazardous or otherwise is not a matter for the Scottish Government. Waste is hazardous if it displays one or more of the hazardous properties listed in Annex III of the revised Waste Framework Directive (2008/98/EC), which replicates almost exactly Annex III of the Hazardous Waste Directive (91/689/EC). Application of these provisions is a matter for SEPA. SEPA gives guidance on the likely hazardous properties of ODS, and similar issues of interest to the construction industry, at:
http://www.sepa.org.uk/waste/waste_regulation/guidance_and_position_statemen.aspx.
The Special Waste Regulations 1996, which govern the removal of hazardous waste, are enforced by SEPA. However, a substance does not become waste until it is discarded, or its holder intends to or is required to discard it. Waste regulation is irrelevant to standing buildings: the Waste Framework Directive specifically excludes from its scope land (in situ) including unexcavated contaminated soil and buildings permanently connected with land. The removal of ODSs for recovery or disposal following demolition is, however, subject to the 1996 Regulations. The safety or otherwise of the act of demolition is a matter for the Health and Safety Executive, a reserved matter.
The actual disposal or recovery of hazardous waste is also covered by a variety of environmental regulatory regimes, notably the Landfill (Scotland) Regulations 2003, the Waste Management Licensing Regulations 1994, and the Pollution Prevention and Control (Scotland) Regulations 2000.