Biofuels and (Waste) Legislation- Presentation

to Funding and Legislation Workshop

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)

Requirements

• 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 SEPA

• 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 (trans-esterfication)

• Prescribed as an activity for control under PPC Part A as a chemical process.• There is no lower throughput threshold

level

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

Example• 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 biodiesel)

Example• FREDS Sub Group on hydrogen economy

Energy Position Statement

• Sets out our strategic view on energy and renewables:

• http://www.sepa.org.uk/about_us/news/2011/sepa_sets_out_how_it_will_help.aspx

• Launched February 2011

• Supportive of renewable energy including bio-energy but with caveats…

Advice

• Complex area

• Speak to local SEPA office…

• NETREGS: netregs.gov.uk…

• SEPA website – position statements; contacts for offices etc….