- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 December 2003
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Current Status:
Answered by Allan Wilson on 21 January 2004
To ask the Scottish Executive how it will address any concerns that research and development into the effective use of small commercial waste oil burners, with particular reference to the use of waste vegetable oil, will cease as a result of the Waste Incineration (Scotland) Regulations 2003.
Answer
Experimental plants used forresearch, development and testing to improve the incineration process and whichtreat less than 50 tonnes of waste per year are classified as “excluded plant”under the Waste Incineration (Scotland) Regulations 2003. These excluded plant do not haveto meet the requirements of the regulations and may, therefore, continue to beused for research, development and testing.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 December 2003
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Current Status:
Answered by Allan Wilson on 20 January 2004
To ask the Scottish Executive why it has decided not to set a threshold in relation to small commercial waste oil burners under the Waste Incineration (Scotland) Regulations 2003, as has been set by Her Majesty's Government, and whether it has any plans to review its interpretation of the regulations to reflect the position in England and Wales.
Answer
I refer the member to the answer given to question S2W-5142 on 20 January 2004.All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.The Scottish Executive hasno plans to review its interpretation of the Waste Incineration Directive. Theinterpretation of the Waste Incineration (Scotland) Regulations 2003 is a matter for the ScottishEnvironment Protection Agency in the first instance, and ultimately for the courts.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 18 December 2003
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Current Status:
Answered by Allan Wilson on 20 January 2004
To ask the Scottish Executive, further to the answer to question S2W-4278 by Allan Wilson on 5 December 2003, whether it has the power to specify threshold levels for small commercial waste oil burners under the Waste Incineration (Scotland) Regulations 2003, as has been exercised by Her Majesty's Government under the equivalent regulations in England and Wales.
Answer
The Waste Incineration (Scotland)Regulations 2003 transpose the Waste Incineration Directive (2000/76/EC). Section57(2) of the Scotland Act 1998 provides that the Executive has no power to makeregulations in a way that is incompatible with European Community law. As theWaste Incineration Directive has no
de minimis threshold for small wasteoil burners, the Executive is unable to specify any threshold level for suchunits in the regulations.
The equivalent regulationsfor England and Wales do not include any threshold for small waste oilburners. I understand the Department for Environment, Food and Rural Affairshas no plans to introduce such a threshold.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive why the Waste Incineration (Scotland) Regulations 2003 classified small domestic or commercial oil burners in the same category as oil-fired power stations and industrial quarries.
Answer
The Waste Incineration (Scotland)Regulations 2003 were made to fulfil the Executive’s obligations under theEuropean Directive on the incineration of waste (EC 2000-76-EC). The directivedefines incineration plant as a stationary or mobile technical unit andequipment dedicated to the thermal treatment of wastes. The directive has no
deminimis threshold. The Executive believes that any piece of equipment, suchas a small waste oil burner, that has been specifically designed or adapted forcombustion of materials falls within the meaning of technical unit and,therefore, within the scope of the Waste Incineration Directive.
The Waste Incineration (Scotland)Regulations 2003 apply only to industrial or commercial premises. Domesticwaste oil burners are, consequently, outside the scope of the regulations.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive how it will address any concerns that many small waste oil burners will be made cost-prohibitive as a result of the Waste Incineration (Scotland) Regulations 2003.
Answer
It would be inappropriatefor the Executive to become involved in commercial decisions on whether itwould be viable to upgrade small-scale industrial waste oil burners to meet therequirements of the Waste Incineration (Scotland) Regulations 2003.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive why the Waste Incineration (Scotland) Regulations 2003 do not recognise the role of small generators and processors of waste oil in preventing localised pollution whilst the equivalent regulations proposed by Her Majesty's Government do.
Answer
The provisions in the WasteIncineration (Scotland) Regulations 2003 relating to small waste oilburners are the same as the equivalent provisions in the Waste IncinerationRegulations for England and Wales. It would be inappropriate for the Executive tocomment on the interpretation of these regulations by Her Majesty’s Government.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive whether any small waste oil burners will be made cost-prohibitive as a result of the Waste Incineration (Scotland) Regulations 2003 and, if so, how waste oil will be rendered harmless, particularly in rural and remote areas.
Answer
The decision on whether itwould be cost-prohibitive to upgrade small waste oil burners to meet therequirements of the Waste Incineration (Scotland) Regulations 2003 is a commercial matter forindividual operators. It is expected that many small burners will close oncethe transitional period for existing units runs out at the end of 2005. the Executive believes that recovery of waste oil is a better environmental optionthan incineration.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive whether small waste oil burners help prevent localised pollution.
Answer
The Executive does notbelieve that small commercial waste oil burners help prevent localisedpollution. These units, which are generally of very simple design and have no pollutionabatement equipment fitted, have the potential to cause localised air pollution.
All producers of waste oil havea duty of care to ensure that they dispose of it without harming theenvironment.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive, in light of the Waste Incineration (Scotland) Regulations 2003, why existing guidelines allowing locally regulated recycling of waste oil for space heating cannot be maintained.
Answer
The Waste Incineration (Scotland) Regulations2003 bring the burning of waste oils on commercial premises into a new controlregime. These regulations supersede any earlier guidance. The existing 2001guidance from the Department of Trade and Industry warns that burning waste oilis being discouraged as a result of provisions of the Waste IncinerationDirective.
- Asked by: Alex Johnstone, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 20 November 2003
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Current Status:
Answered by Allan Wilson on 5 December 2003
To ask the Scottish Executive whether it has any concerns that localised pollution will increase in the event of small waste oil burners being made cost-prohibitive as a result of the Waste Incineration (Scotland) Regulations 2003.
Answer
Operators are under a dutyof care to ensure that they dispose of waste oil without harming theenvironment. The Executive does not anticipate an increase in localisedpollution unless anyone was to dispose of the waste oil illegally. The ScottishEnvironment Protection Agency has powers to take enforcement action in suchcircumstances.
