TOXIC lead pollution from a chipboard factory near Stirling could increase sharply after its operators won a five-year legal battle, the Scottish Government’s green watchdog has warned.

The Canadian forestry company, West Fraser, went to court to force the Scottish Environment Protection Agency (Sepa) to allow a contaminated by-product to be burnt in an energy plant at Cowie  in Stirlingshire.

But Sepa has now told The Ferret that lead emissions from the plant could rise by 47% as a result – and put public health and the environment at increased risk. The Cowie site is already by far the biggest lead polluter in Scotland, discharging more than a tonne into the air in 2022.

The risks are “profoundly disturbing” because lead in the environment is a “serious hazard for people and nature”, experts said. They questioned whether judges were better equipped to assess pollution risks than Sepa.

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According to the Scottish Government, small amounts of lead can be harmful, particularly to children. Exposure has been linked to brain damage, including impaired mental function, memory loss and motor performance.

In July 2019, Norbord, the company which ran the Cowie site at the time  applied to Sepa to vary its pollution permit. It wanted to be able to burn a contaminated byproduct in an  energy plant which provides heat for wood processing.

Sepa refused permission for the change because of the additional pollution it would cause. In 2020, Norbord appealed to Scottish ministers, who upheld  Sepa’s decision.

In January 2021, Norbord was bought by West Fraser, which appealed to the sheriff court in Edinburgh in November 2021. On January 29 2024 the court ruled in the company’s favour, though the written decision has still to be published.

Sepa considered appealing but decided not to, following legal advice. On April 12 2024, it amended West Fraser’s permit to allow the byproduct, known as “crumb”, to be burnt at Cowie, and imposed a limit on lead emissions.

Crumb is a woody residue from filters used to clean emissions from wood drying and board pressing processes. It is heavily contaminated and, according to Sepa, contains concentrations of heavy metals 109 times higher than fuels usually burnt in energy plants.

“This results in a 47% increase in emissions of lead compared to current emissions, leading Sepa to conclude that there is an overall adverse environmental or human health impact compared to the use of the currently permitted fuels,” said a statement from Sepa.

The Cowie site has been by far the biggest lead polluter in Scotland, emitting more than 10 tonnes into the air since 2007. According to Sepa’s Scottish Pollutant Release Inventory, emissions topped a tonne in 2022, more than twice as much as in 2018 and the highest since 2011.

In 2022, Cowie was the only industrial site in Scotland listed on the pollutant inventory as a lead polluter. Emissions for 2023 are not yet available.

Sepa defended its actions, saying that all UK environment agencies adopted the same approach to assessing new emissions. “Our expert staff made the decision to refuse the requested variation after careful consideration of environmental legislation,” a spokesperson said.

“This was done to protect the environment and local community from the significant increase in  lead emissions.”

The Sepa spokesperson added: “While we continue to believe our approach is correct, we have accepted the judgment and completed the variation to allow the burning of crumb as directed.

“We have included further requirements in the permit to set an emission limit value for lead and monitoring and will enforce compliance against them.”

Sepa’s stance was backed by the environmental campaigner and former Sepa board member, Dr Richard Dixon.  “Lead in the environment is a serious hazard for people and nature,” he said.

Dr Dixon pointed out that lead had long been banned in petrol and paint, and that lead shot and fishing weights were facing bans. “This decision is at odds with all these efforts to  stop lead from reaching the environment,” he argued.

“It is the environment that could be the loser when you look at the bigger picture. Sepa has done its best to apply conditions which will reduce the amount of lead that is emitted into the air.”

(Image: University of Stirling)

Professor Andrew Watterson (above), an environmental health expert from the University of Stirling, described the prospect of increased lead pollution as “profoundly disturbing” because of the dangers to public health and the environment.

“The circular economy was never designed to operate processes resulting in increased lead pollution under the guise of creating energy from waste, yet this seems to be what is happening,” he said.

“Many will be worried to find judges are viewed as better equipped to assess potential environmental pollution risks from waste products than the Scottish  environmental regulator.”

The independent councillor who represents the village of Cowie, Alasdair MacPherson, highlighted the multiple risks posed by lead  pollution, particularly to young children. There is a primary school in the village.

“It really concerns me that Sepa refused this to protect the local community from a significant increase in lead emissions,” he said.

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“I will now need to speak to Stirling Council’s environmental health officials to see what they can do to monitor this activity going forward.”

West Fraser did not respond to requests to comment.  “We know that our operations have the potential to impact upon the environment,” said its website.

“This is why we do our very best to negate or minimise these possible effects with our sustainable wood panels. We always work to ensure that we meet and, if possible, exceed environmental legislative criteria.”

West Fraser added: “As one of the largest producers of panel products in the UK, we feel it is our responsibility to be at the forefront of our industry with regards to relevant environmental challenges.”

The company pointed out that it was the largest generator of heat energy from renewable sources in the UK because of its investments in biomass technology.  “Our biomass plant burns wood that would otherwise go to landfill,” it said. “The heat from this powers the production process. Our £2.5m investment in biomass at our Cowie site has saved 2400 skips being sent to landfill.”

In 2022 The Ferret reported increased emissions from the Cowie site of other toxins that can threaten health and wildlife. They included dioxins, which can cause cancer and damage the immune system, as well as arsenic, mercury, and formaldehyde.

The site’s emissions of carbon dioxide, which causes climate change, also increased by 30% between 2020 and 2021. Emissions of the  gas dropped back again by 12%  in 2022.

Under Norbord, the Cowie site was rated as “poor” for pollution by Sepa in 2010, 2012, 2013, 2014 and 2017. The site was also issued with a “final warning letter” following dust pollution incidents in 2018.