Feedback on Guidance for Non Waste Anaerobic Digestion

Closes 11 Oct 2026

Contents

The Environmental Authorisations (Scotland) Regulations 2018 (EASR), as amended by the Environmental Authorisations (Scotland) Amendment Regulations 2025, bring Anaerobic digestion of non-waste materials and associated feedstock and digestate handling and storage (AD) within environmental regulation in Scotland.  It is regulated as a Schedule 26, Part 3, Chapter 5 “other emissions activity”, paragraph 69.

Anyone carrying out this activity or intending to carry out this activity will require an EASR Authorisation from 1 April 2028. The level of authorisation depends on the scale of the activity: 

This approach aligns non-waste AD with the existing regulatory structure for waste AD. 

Our draft guidance applies only to non-waste AD facilities with a capacity of over 100 tonnes per day that require a permit. By establishing relevant best available techniques and appropriate measures, this framework delivers a consistent, proportionate, and risk-based standard across the entire AD sector.

We have developed the guidance based on the feedback we gathered during our call for evidence that closed in January 2026. We are now seeking further feedback on the following points.