I agree with the hon. Gentleman that that should be the case. We need to tighten up the licensing regulation and how the whole process works, so that we can reduce the amount of damage that is done.
According to global trade data, the UK disposes of approximately 600,000 tonnes of end-of-life tyres each year. About 350,000 tonnes of those are currently shipped to India. Of the remaining 250,000, some are exported to markets such as Turkey and Morocco, where they are used in the manufacture of cement. Some are processed in the UK to create materials to produce asphalt, which has many benefits for road safety and for the environment, and which enhances the circular economy. I will return to UK processing shortly.
The fate of the 350,000 tonnes of tyres exported to India raises serious environmental and public health concerns. India, like other non-OECD countries, does not have the same stringent environmental emissions regulations that we have in the UK. However, most tyres exported to India are shipped as “green list waste” under the waste shipments regulations, which are contained in assimilated EU law.
Batches tend to be sent in the form of baled whole tyres, which creates two risks. First, some tyres exported in that way are then sold for refitting in India, leading to road safety issues. Secondly, when exported as whole tyre bales, most of the tyres are sent on to rudimentary batch pyrolysis sites. In Indian batch pyrolysis, tyres are commonly burned to produce a high-sulphur heavy fuel called tyre pyrolysis oil—which is typically burned, causing direct harm to the environment—and low-grade carbon black, which is often unsuitable for reuse. The process involves enormous amounts of energy and the flaring of syngas directly into the atmosphere, without filtering or scrubbing, in conditions that are hazardous to operator health, the local population and the environment.
The use of imported end-of-life tyres in India—both for refitting vehicles and in batch pyrolysis—is illegal under Indian domestic law, but there is a lack of even the most basic enforcement capacity to uphold the law. The reality of the uses of imported end-of-life tyres in India was the subject of a recent BBC documentary and, as the Minister will be aware, additionally the subject of a recent legal challenge against the Environment Agency and the Department for Environment, Food and Rural Affairs by the campaign group Fighting Dirty. The challenge relates to the failure of the agency and the Department to take action to prevent the illegal use of end-of-life tyres exported to India.
It is important to note that this is not a historical waste crime, but one that is ongoing. Every single day, we ship around 1,000 tonnes of UK waste tyres to India. Investigators from the UK and Australia have used GPS tracking devices in several consignments of waste tyres shipped to India over the last few years, and have consistently evidenced that 100% of the tyres tracked do not reach their intended destination, with the majority being diverted to batch pyrolysis plants. What investigations has the Department undertaken to track consignments of waste tyres shipped abroad? Secondly, what conclusions has the Department reached in relation to digital waste tracking?
There has been growing concern that developed countries, such as the UK, are dumping their waste problems on developing countries and have continued to export their pollution over many years. International conventions such as the Basel convention seek to better manage waste internationally, and there is domestic law to give effect to such undertakings. What is the Minister’s view on a potential producer responsibility scheme for the UK’s end of life tyres?
In response to the legal challenge and the BBC documentary, the Government have announced that the Environment Agency will conduct a review into the issue. Today I seek clarification from the Minister about the scope of that review, and I have four questions at this point. Will the review be limited to an assessment of the enforcement of the existing legal provisions contained in the Basel convention and the waste shipments regulations? Will the review enable the Environment Agency to consider policy improvements? Will the review make policy recommendations to Ministers? How and when does the review intend to engage with the industry and interested parties?
The Environment Act 2021 significantly strengthened the powers available to the Government to manage and track waste exports. Section 62 of the Act added to the provisions of the Environmental Protection Act 1990 by creating further regulatory powers to better manage and track waste exports and the countries they pass through. It also established additional powers of direction for Ministers. As I understand it, those important new powers have yet to be used.
Will the Minister use her new powers under section 62 of the 2021 Act to take action to address the problems with waste tyre exports? Because end-of-life tyres are currently deemed green list waste under assimilated law through the waste shipments regulations, they are not notifiable and, as a result, are difficult to track. Will the Minister confirm that she will amend the waste shipments regulations to remove end-of-life tyres from the green list category and make such exports notifiable?
Under environmental permitting regulations, there are exemptions from the need to have a permit for a number of treatments. The so-called T8 waste exemption, applying to end-of-life tyres, has long been recognised as a problem. Operators can self-certify that they handle numbers below a certain threshold and are therefore eligible for an exemption. Marking your own homework is never a good idea: often those T8-exempt operators are exactly those who trade in baled tyres to India by undercutting our responsible operators who act within the regulated regime with a permit.
The Environment Agency identified the T8 exemption as a problem that made committing waste crime easier as far back as a decade ago. There were then various calls for evidence. Eventually, around three years ago, there was a consultation on removing this exemption, and the last Government confirmed that they would remove it 18 months ago. Then, nothing happened. Can the Minister confirm whether parliamentary counsel has drafted the necessary regulations and that, unlike her predecessors, she will lay the statutory instrument without further delay so that loophole can finally be closed?
As we seek to identify what makes up a circular economy, we might learn lessons from approaches taken elsewhere in the world. Australia offers a powerful case study to demonstrate what can be achieved through simple legislative tweaks to end-of-life tyre exports. Four years ago, recognising the environmental impact of allowing those tyres to be exported to countries such as India for use in rudimentary batch pyrolysis plants, the Australian Government introduced a new condition that waste tyres had to be shredded before they could be exported. That Government also created a new system of notification and licensing for exporters. The Act that created the provisions was the Recycling and Waste Reduction Act 2020, which had some similar objectives to parts of the UK Environment Act 2021. Subsequent regulations giving effect to the changes were the Recycling and Waste Reduction (Export—Waste Tyres) Rules 2021.
First, the new Australian provisions required operators to have a waste export licence to export waste tyres at all. Secondly, they required that tyres could be exported only in a form that had been processed to shreds or crumbs of no more than 150 mm—just under 6 inches. Those could be used in modern pyrolysis to create tyre-derived fuel for uses such as sustainable aviation, or for other purposes, but only under a scheme verified by Tyre Stewardship Australia’s foreign end market verification programme, so the fate of every export was known.
At a stroke, the export of whole tyres, which could previously be used illegally overseas, was ended. When shredded, tyres cannot be refitted illegally to vehicles, nor can they be used in rudimentary batch pyrolysis plants, since those systems require whole tyres as feedstock. In addition to taking responsibility for the country’s waste and removing an environmental hazard from countries such as India, the regulatory changes also created additional feedstock for the domestic recycling industry in Australia. That was a spur to the circular economy, creating confidence for investors to increase capacity in the domestic production of asphalt and to invest in a new generation of modern, continuous-feed pyrolysis plants that can use shredded tyres and have a more positive environmental impact.
Modern continuous-feed pyrolysis plants maintain steady temperatures, and achieve about 250% higher throughput for the same energy input as batch pyrolysis. The syngas is captured and reused to heat the kilns through gas turbines, which removes carbon dioxide emissions. Such plants produce higher grade carbon black, which is pelletised and reused in tyre manufacturing, supporting the circular economy. Finally, the resultant tyre pyrolysis fuel oil is refined, undergoing further processing that would meet stringent UK environmental regulations.
The UK has dormant capacity to shred and process around 150,000 tonnes of end-of-life tyres each year. The reason why the plants are dormant is twofold. First, companies are unable to secure sufficient feedstock for plants because so many tyres are exported to India in baled form. Secondly, tyre collectors receive more money from India than the gate fees paid to companies who could recycle the materials here at home. The UK receives about £13 million in revenue from baled tyres sent abroad. A study by Fluid Ice and Imperial College assessed that if those end-of-life tyres were processed in the UK, even if the resultant products were exported, the revenue would be over £250 million. Several new businesses are seeking to invest in modern continuous-feed pyrolysis plants in the UK but they will do so only if they have confidence in the availability of their UK feedstock. We know that the potential feedstock exists, but it is currently being exported for illegal use abroad.
I have three more questions for the Minister. If we are to adopt the circular economy agenda, should we not support investors who want to recycle end-of-life tyres here? Does she agree that we should take steps to ensure that UK companies have a domestic feedstock to give them confidence? Finally, does she agree that we should take responsibility for our own waste, process it here in the UK and maximise the economic value of that resource? The Australian model for end-of-use tyres seems good and effective, and we could easily replicate its impact and effect with relatively minor changes.
I recognise that I have asked 13 questions, to which I would like answers, and I look forward to hearing the Minister’s views on stopping the export of whole tyres to India, introducing better regulations and licensing, ensuring enforcement, and adopting a model parallel to that of Australia. I have provided her with a list of my questions, and I am happy to have her responses in writing, in the interest of completeness.