Environmental Authorisations (Scotland) Regulations 2018: ​Proposed Standard Conditions for Registration level activities

Closes 24 Nov 2024

1.2.18. Anaerobic digestion of less than, or equal to, 100 tonnes of biowaste per day

Standard conditions

Below is the list of core and activity-specific standard conditions for anaerobic digestion of less than, or equal to, 100 tonnes of biowaste per day.

  1. The authorised person must have a written management system in place to ensure compliance with the conditions of this authorisation.
     
  2. Only the authorised wastes listed in Table 1 can be accepted at the Authorised Place.
     
    Table 1. Waste codes for biowaste
    Waste Code Authorised Wastes
    02 01 01 Sludges from washing and cleaning - vegetables, fruit and other crops
    02 01 02 Animal tissue waste
    02 01 03  Plant-tissue waste 
    02 01 06  Animal faeces, urine and manure (including spoiled straw) 
    02 01 07  Wastes from forestry 
    02 01 99   Straw, wood or paper–based bedding waste, slurry or dirty water from stables, zoos, animal parks or livestock markets 
    02 02 01 Sludges from washing and cleaning, peeling, centrifuging and separation
    02 02 02 Animal-tissue waste
    02 02 03 Materials unsuitable for consumption or processing
    02 02 04 Sludges from on-site effluent treatment
    02 03 01 Sludges from washing, cleaning, peeling, centrifuging and separation 
    02 03 04 Materials unsuitable for consumption or processing 
    02 03 05 Sludges from on-site effluent treatment
    02 04 01 Soils from washing and cleaning beet
    02 04 03 Sludges from on-site effluent treatment
    02 05 01 Materials unsuitable for consumption or processing 
    02 05 02 Sludges from on-site effluent treatment
    02 06 01 Materials unsuitable for consumption or processing 
    02 06 03 Sludges from on-site effluent treatment
    02 07 01 Wastes from washing, cleaning and mechanical reduction or raw materials used in the production of beverages (except coffee, tea and cocoa)
    02 07 02 Wastes from spirits distillation
    02 07 04 Materials unsuitable for consumption or processing 
    02 07 05 Sludges from on-site effluent treatment
    03 01 01 Waste bark and cork
    03 01 05 Sawdust, shavings, cuttings, wood
    03 03 01 Waste bark and wood   
    04 02 10  Organic matter from natural products (e.g. grease, wax)  
    07 01 08 Glycerol waste from bio-diesel manufacture from non-waste vegetable oils
    15 01 01 Paper and cardboard packaging
    15 01 02 Compostable or digestible plastics only
    15 01 03  Wooden packaging
    15 01 05 Compostable or digestible composite packaging only
    15 02 03 Absorbents, filter materials and cloths made from compostable material only
    16 10 02 Untreated wash waters from cleaning fruit and vegetables on farm only
    16 10 02 Milk and dairy waste milk from agricultural premises only
    16 10 02 Liquor and leachate from a composting process
    19 02 06 Sewage sludge which has been previously pasteurised and stabilised only
    19 02 10 Non-hazardous Glycerol
    19 06 03 Liquor from anaerobic treatment of municipal waste (from a process that treats wastes listed in this table)
    19 06 04 Digestate from anaerobic treatment of municipal waste (from a process that treats wastes listed in this table)
    19 06 05 Liquor from anaerobic treatment of animal and vegetable wastes
    19 06 06 Digestate from anaerobic treatment of animal and vegetable wastes
    19 08 09 Grease and oil mixture from oil and water separation containing only edible oils and fats
    19 08 12 Sludges from the biological treatment of industrial waste water (from a process that treats wastes listed in this table)
    20 01 01 Paper and cardboard
    20 01 08 Biodegradable kitchen and canteen waste
    20 01 25 Edible oils and fats
    20 02 01 Biodegradable waste  
    20 03 01 Separately collected biodegradable wastes
    20 03 02 Biodegradable waste from markets 

     
  3. All waste entering the Authorised Place must be inspected to ensure it meets the types and quantities authorised.
     
  4. Waste with the following characteristics must not be accepted at the Authorised Place:

    a. waste significantly contaminated with non-compostable or digestible materials;

    b. waste containing post-consumer wood, treated wood, wood-preserving agents or other biocides;

    c. waste containing Japanese Knotweed or any other invasive non-native plant species; or

    d. pest infested waste.
     
  5. All potentially odorous materials must be stored within suitable closed containers or covered to prevent odour.
     
  6. All storage and processing of feedstock, digestate and effluent must take place on an area with a sealed drainage system.
     
  7. All liquid feedstock, digestate and effluent must be kept within a liquid storage and management system.
     
  8. The liquid storage and management system must be designed, constructed, maintained, managed and of sufficient capacity to prevent any emissions.
     
  9. The liquid storage and management system must be constructed as detailed in the liquid storage and management system engineering plans.
     
  10. Liquid digestate storage lagoons with walls made of earth must not be filled to a level that results in less than 750 millimetres of freeboard.
     
  11. Liquid feedstock, digestate and effluent storage lagoons with walls made of earth must:

    a. be lined with an impermeable sheet material; and

    b. have suitable leak detection.
     
  12. The impermeable liner at the mixing and filling zones of any earth-banked liquid feedstock, digestate or effluent storage lagoons must be protected with a layer of concrete.
     
  13. Liquid digestate storage tank(s) must not be filled to a level that results in less than 300 millimetres of freeboard.
     
  14. Non-liquid feedstock must not be stored above the height of the container it is stored in.
     
  15. Any gas engine and/or combined heat and power (CHP) plant stack height associated with the authorised activities must be:

    a. greater than or equal to 3 metres above the roof ridge height of the building on which it is located; or

    b. greater than or equal to 3 metres above the ground if it is located separate to any building; and

    c. greater than or equal to the height of any part of a building which is located within a distance of 5 times the uncorrected stack height.
     
  16. All biogas condensate must be:

    a. collected and contained; or

    b. recirculated back to the digester.
     
  17. The pressure in the biogas system must not exceed 3.2 millibar.
     
  18. All pressure relieve valves (PRVs) in the biogas system must be linked to an alarm system(s) which must be connected to telemetry 24 hours a day to monitor and record, as a minimum, temperature and pressure within the PRV system.
     
  19. Emissions of unburned biogas and the operation of the auxiliary flare must be minimised.
     
  20. The activation of the following must be recorded as an event:

    a. the flare; or

    b. the PRV(s).
     
  21. All releases to the air from the authorised activities during normal operation, other than condensed water vapour, must be free from visible emissions.
     
  22. Whenever any flare is in use to combust biogas, it must operate at a minimum temperature of 1,000oC.
     
  23. Point source emissions to air from the authorised activities must only be made from the gas engine and/or the combined heat and power (CHP) plant stack(s).
     
  24. Emissions of substance(s) to the air from the gas engine and/or CHP plant stack(s) must not exceed the specified emission limit value specified in Table 2.
     
  25. Air must not be added to dilute emissions in order to achieve emission limit values specified in Table 2.
     
  26. The emission of any substance, not specified in Table 2, from the authorised activities must not cause environmental harm.
     
    Table 2. Emission limit values from gas engine and/or CHP
    Substance Emission Limit Value
    Dust 50 mg/m³
    Oxides of Nitrogen (NOx) 190mg/m³
    Sulphur Dioxide 15 mg/m³
    Total Volatile Organic Compounds 20 mg/m³
    Carbon Monoxide 1,000mg/ m³

     
  27. Monitoring of emissions of substances to air must be undertaken at the gas engine and/or CHP plant stack(s) at the sample port, frequency and using the monitoring standard specified in Table 3.
     
  28. Sample points must be installed, maintained and appropriately identified so that representative samples may be safely obtained.
     
  29. Monitoring must be undertaken:

    a. during normal operation;

    b. under stable conditions; and

    c. at a representative, even load.
     
  30. The first monitoring of emissions must be undertaken within four months of the start of operations.
     
    Table 3: Monitoring requirements for gas engine and/or CHP
    Parameter Emission Point Reference Monitoring Frequency Monitoring Standard
    Dust Sample port determined in accordance with BS EN 15259 Manufacturer’s guarantee or Annually  BS EN 13284-1
    Oxides of Nitrogen (NOx) Sample port determined in accordance with BS EN 15259 Annually BS EN 14792
    Sulphur Dioxide Sample port determined in accordance with BS EN 15259 On commissioning of new plant OR a new feedstock is introduced to the process BS EN 14791
    Total Volatile Organic Compounds Sample port determined in accordance with BS EN 15259 Annually BS EN 12619
    Carbon Monoxide Sample port determined in accordance with BS EN 15259 Annually BS EN 15058
    Biogas flare temperature (oC) Sample port determined in accordance with BS EN 15259 Continuous BS EN 16911-2

     
  31. Measures must be taken to prevent, or where that is not practicable, minimise:

    a. odour;

    b. noise;

    c. dust;

    d. litter;

    e. bioaerosols; and

    f. the presence of vermin;

    arising from the authorised activities.
     
  32. Offensive odours from the authorised activities as perceived by a SEPA Officer must not be emitted beyond the boundary of the Authorised Place.
     
  33. Noise from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  34. Dust from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  35. Litter from the authorised activities, which has a significant impact on the environment, people or property, must not be emitted beyond the boundary of the Authorised Place.
     
  36. Waste must not be burned at the Authorised Place.
     
  37. SEPA must be notified via its pollution hotline contact telephone number as soon as reasonably practicable, and in any case within 24 hours of identification of an event, of any of the following:

    a. an event that has caused or could cause adverse impact to the environment or harm to human health;

    b. an event that results, or could result, in an emission to the environment that is not authorised;

    c. an event that has caused a breach of a condition of this authorisation.

    In this condition, the meaning of ‘event’ is as defined in the Interpretation of Terms of this authorisation.
     
  38. All measures that are reasonably practicable must be taken to stop an event and to minimise its effect on the environment.
     
  39. Within 14 days of an event a report must be submitted to SEPA detailing:

    a. the reason(s) for the event;

    b. the action(s) taken to stop the event and minimise the impacts; and

    c. the action(s) taken to prevent the event from recurring.
     
  40. All information recorded, kept or submitted to SEPA in accordance with a condition of this authorisation must be:

    a. true and accurate;

    b. kept for a minimum of six years; and

    c. provided to SEPA upon request.
     
  41. Records must be kept of all monitoring results and verification of compliance with the emission limit values specified in Table 2.
     
  42. For each calendar year the information detailed in Appendix 1 must be submitted to SEPA on or before 28 January in the following year.
     
  43. The information detailed in Appendix 1 must be submitted to SEPA via email, in the excel spreadsheet supplied by SEPA, to waste.data@sepa.org.uk.
     
  44. The results of the monitoring of emissions, as described in condition 26, must be submitted to SEPA within eight weeks of the date the monitoring took place via email to registry@sepa.org.uk.

Interpretation of terms

Interpretation of terms
Term Interpretation
Application The application submitted for this authorisation.
Biowaste Biodegradable garden and park waste, food and kitchen waste from households, offices, restaurants, wholesale, canteens, caterers and retail premises and comparable waste from food processing plants and listed in Table 1.
Digestate Material remaining after anaerobic digestion of biodegradable feedstock including whole digestate (mixture of liquor and fibre), liquor, and separated fibre. 
Dust Suspended solid particles and liquid droplets suspended in air which may be deposited on surfaces and may cause air pollution and/or nuisance.
Effluent A mixture consisting wholly of or containing liquid produced from the storage of any forage crop or other feedstock, and rainwater or groundwater emanating from an effluent collection system or drain.
Emission The direct or indirect release of substances or heat from individual or diffuse sources in the authorised activities into air, water or land.
Emission limit value The mass, expressed in terms of specific parameters, concentration or level of an emission, which may not be exceed during on or more periods of time. All emission limit values are defined at:

(a) temperature of 273.1K. 
(b) a pressure of 101.3kPa.

without correction for water vapour content.
Environmental harm (a) harm to the health of human beings or other living organisms.

(b) harm to the quality of the environment, including:

   (i)    harm to the quality of the environment taken as a whole,
   (ii)    harm to the quality of air, water or land, and
   (iii)    other impairment of, or interference with, ecosystems,

(c) offence to the senses of human beings,

(d) damage to property, or

(e) impairment of, or interference with, amenities or other legitimate uses of the environment.
Event (a) any accident which has caused or could cause environmental harm; or

(b) any malfunction, breakdown or failure of plant, infrastructure or techniques which has caused or could cause environmental harm; or

(c) force majeure or action taken to save human life or limb.
Feedstock The waste and non-waste materials to be treated in an anaerobic digestion plant.
Forage crop Any crop grown as food for livestock or for use in energy production.
Freeboard The vertical distance between the crest of a tank, container or lagoon and the digestate surface.
Impermeable A surface constructed of impermeable material to a standard sufficient to prevent the transmission of liquids beyond the surface, and should be read in conjunction with the term ‘sealed drainage system’.
Impermeable sheet material Means: 
(a) synthetic rubbers, EPDM (ethylene propylene diene monomer rubber) and butyl, 
(b) plastics, including polyvinyl chloride, low density polyethylene and high density polyethylene, and 
(c) reinforced geomembranes.
Gas engine An internal combustion engine which operates according to the Otto cycle and uses spark ignition to burn fuel.
Leak-proof To be constructed of impermeable material of sufficient strength and structural integrity such that it is unlikely to burst or leak in its ordinary use.
Liquid Any aqueous material but excluding sludge.
Liquid storage and management system engineering plans. The liquid storage and management system engineering plans submitted as part of the application.
Liquid storage and management system. An impermeable system designed to contain liquid, comprising the base(s) and walls of liquid feedstock, digestate or effluent storage tank(s), lagoon(s), pit(s), vessel(s), tower(s) plus any connected channels, pipes and valves which:

(a) has sufficient capacity to accommodate contaminated run-off (including any rainfall) that directly or indirectly enters the liquid storage and management system and the volume of digestate produced during periods when application is not authorised under activity 18 of column 1 of Schedule 9 of the Regulations or would not comply with the requirements of the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008,

(b) has an effluent tank which is at least:

   (i) for a silo with a capacity of less than 1500m³, 20 litres for every 1m³ of silo capacity, or 
   (ii) for a silo with a capacity of 1500m³ or greater, 30,000 litres plus 6.7 litres for every 1m³ of silo capacity over 1500m³.

(c) is protected against corrosion in accordance with paragraph 7.2 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010,

(d) is capable of withstanding characteristic loads calculated on the assumptions and in the manner as set out in paragraph 5 of the Code of Practice on Buildings and Structures for Agriculture published by the British Standards Institution and numbered BS 5502-50:1993+A2:2010,

(e) where the system incorporates a system of pumps and sumps, it must be fitted with an automatic overfill prevention device with a dedicated electrical supply and an alarm,

(f) If new, reconstructed or enlarged on or after 1 January 2022, has a life expectancy of at least 20 years, with proper maintenance, from its construction, reconstruction or enlargement,

(g) where the liquid digestate storage tank is fitted with a drainage pipe— 

   (i) there must be two valves in series on the pipe and each valve must be capable of stopping the flow of liquid digestate through the pipe and must be kept shut and locked in that position when not in use,

   (ii) sub-paragraph (i) does not apply in relation to a liquid digestate storage tank which drains through the pipe into another liquid digestate storage tank of equal or greater capacity or where the tops of the tanks are at the same level.
List of waste. The list of wastes established by Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous wastes pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste, as amended from time to time.
Normal operations Operation of authorised activities excluding start-up and shut-down periods.
Point source emission Single, identifiable source of emission.
Sealed drainage system In relation to an impermeable surface, a drainage system with impermeable components which does not leak and which will ensure that:

(a) no liquid will run off the pavement otherwise than via the system; and

(b) except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
SEPA officer Any person who is authorised in writing by SEPA under section 108 of the Environment Act 1995.
Sludge A by-product of the anaerobic digestion process comprising a suspension with high solids content.
Storage tank Includes a lagoon, pit (other than a reception pit), vessel or tower used for the storage of feedstock, digestate and effluent.
Sump In relation to a sealed drainage system, the container in which all liquid collects and must:

(a) Hold at least:

   i. for a single container, 110% of its capacity.
   ii. or for two or more containers, the greater of:

      1. 110% of the capacity of the largest container; or
      2. 25% of the capacity of all containers together. 

(b) Catch all spills from the container(s) and related parts.

(c) Be leak-proof.

(d) Be located, and/or protected, to prevent damage as far as reasonably practicable; and

(e) Have any spills and/or rainwater removed as soon as reasonably practicable.
Uncorrected stack height The stack height before any required increases in height are made to account for any nearby buildings.
Waste Has the same meaning as in section 75 of the Environmental Protection Act 1990.
Waste code The six-digit code referable to a type of waste in accordance with the List of Waste and in relation to hazardous waste, includes the asterisk.
Water environment All surface water, groundwater and wetlands.

 

Rationale

This activity will apply to the anaerobic digestion of less than, or equal to, 100 tonnes of biowaste per day and contains conditions that mirror those in the Registration level activity for the anaerobic digestion of an equivalent tonnage of non-waste materials with some specific waste related additions.

The standard conditions will control the specific types of biowaste authorised and the acceptance checks required to ensure that the material being accepted is suitable for treatment. There will also be conditions in line with all other waste Registration level activities, that require waste returns to be made to SEPA on an annual basis and for environmental events to be recorded and reported to SEPA.

Applications for this registration level activity will require engineering plans for the liquid storage and management system which will be assessed by SEPA.

29. Do you agree with the list of standard conditions for the Anaerobic digestion of less than, or equal to, 100 tonnes of biowaste per day?