Biofuels and (Waste) Legislation

Biofuels and
(Waste) Legislation- Presentation
to Funding and Legislation
29th March 2011
Dave Gorman
Head of Environmental Strategy
Scottish Environment Protection Agency
Brief overview of environmental
legislation that may apply
Pollution Prevention & Control (PPC)
Waste Management Licensing and exemptions
(WML and WMX)
Control of Major Accident Hazards (COMAH)
Controlled Activities Regulations (CAR)
Waste Incineration Directive (WID)
Waste Framework Directive
Animal By-products Regulations (ABPR)
(administered by Scottish Government –
Animal Health)
• If under PPC or WML then you need an environmental
license before you can start operating
• If WMX then you need to register an exemption with
• If under CAR then depending on the scale of the activity
you will need a licence, registration or follow a
general binding rule
• If COMAH you need to notify HSE & SEPA and then
depending on scale prepare & submit a safety report for
assessment before you can start
• If WID then you need a PPC permit (as above)
• If ABPR you will need permission from Animal Health
as well as a licence from SEPA
Biodiesel: a case study
• Making biodiesel from waste vegetable oils.
• Uses physical and chemical processing
• Prescribed as an activity for control under
PPC Part A as a chemical process.
• There is no lower throughput threshold
Biodiesel:a case study (2)
• May not be a Chemical PPC activity if not commercial
or at industrial scale.
• SEPA undertook a review and with Scottish
Government concluded that if capacity is less than 200
tonnes biodiesel production per year then would not be
considered to be subject to PPC Part A
• A new waste management exemption was issued to
allow <200 tonnes per year biodiesel production without
need of a licence (still require to comply with certain
conditions and other legislation)
Developments – gasification
Kerosene for aircraft fuel using mixed wastes
such as municipal waste.
Gasification to produce carbon and hydrogen
rich syngas followed by Fischer-Tropsch
reaction to produce hydrocarbons
Gasification - PPC Part A
Producing Hydrocarbons – PPC Part A
Developments – biological route
• Anaerobic Digestion producing syngas currently burned
in gas engine/CHP
• Syngas could be used either in Fischer – Tropsch
reaction or
• used as feedstock for bio fermentation
(ethanol/butanol) or
• Used in a fuel cell
• “Traditional” AD plants would likely be regulated under
WML or WMX unless taking animal by-products >10
tes/day which would require PPC
• Syngas conversion would probably be PPC Part A
Developments – fuel cells
• As with previous routes generate syngas to be
used directly in a fuel cell
• Syngas generation will probably require a
licence of some kind
Developments - biomass
• Several large biomass plants already in operation
• Eon Stevenscroft, Lockerbie
• UPM Kynmee, Irvine
• PPC Part A combustion with WID controls (due
to potential for contaminated biomass)
• 4 proposed by Forth Ports (currently at Section 36
Electricity Act (planning) stage)
• Not all biomass burning requires licence depends on
scale and source/type of waste biomass
Waste Framework Directive
• Recently Revised
• Requirement to hold a licence or exemption to
undertake waste disposal or recovery
operations (In UK through either PPC, WML
or WMX)
• Key question in this sector will be
“Is biofuel made from waste still a waste?”
Bio fuel – Is it still a waste?
• Treating or processing a waste material does not mean
that the ”product” will automatically be considered to be
fully recovered and not a waste
• Several tests have to be applied
• Guidance on ‘Is it waste?’ on SEPA’s website
• If product still considered to be a waste then burning as
a fuel will require PPC Part A permit with WID controls
• Biodiesel made from vegetable oils and tallow by
Argent Energy – not a waste (other outputs might be
still a waste e.g. residues). Biodiesel produced can be
blended with fossil diesel at the refinery with no further
environmental licence controls required
Working with Industry
• SEPA happy to engage with industry sector
level and others
• Establish positions, protocols, interpretation at
high level
• Consistency of approach
• Advise Scottish Government of legislative
changes that may be required (e.g. WMX for
• FREDS Sub Group on hydrogen economy
Energy Position Statement
• Sets out our strategic view on energy and
• Launched February 2011
• Supportive of renewable energy including bioenergy but with caveats…
• Complex area
• Speak to local SEPA office…
• SEPA website – position statements; contacts
for offices etc….