1. ADBA PERMITTING WORKSHOP 27 March 2013 Stephen Barnes, Technical Director, Wardell Armstrong

2. Introduction Regulatory Background Exemptions Standard Rules Environmental Permits Bespoke Environmental Permits Fees and timescales.

3. Regulatory Background Environmental Permit required to deposit, treat, keep and dispose of waste (unless lawfully exempt) Environmental Permitting (England and Wales) Regulations 2010 o Schedule 1 includes AD plants that treat >10 tonnes per day of animal carcasses or animal waste (up to 6 April 2012 gas engines with a net rated thermal input 3MW also fell under Schedule1) o Schedule 3 lists exempt activities, which includes small scale AD plants o Schedule 9 list waste operations, which includes those AD plants that do not fall under exemption or Schedule 1.

4. Regulatory Background Environmental Permitting (England and Wales) (Amendment) Regulations 2013 implement the Industrial Emissions Directive (IED) Sites that fall under the IED also fall under Schedule 1, however there are phase-in dates Implementation of IED, from: o 7 January 2013 - at new sites that fall under the Directive o 7 January 2014 – at existing Schedule 1 sites that fall under the Directive o 7 July 2015 – at existing sites (not previously Schedule 1) that fall under the Directive

5. Regulatory Background The AD of non hazardous waste at a site with a capacity 100 tonnes per day falls under the IED and therefore Schedule 1 Schedule 1 activities subject to additional permitting requirements, Best Available Techniques, Energy Assessment, Raw Materials Assessment Existing sites that fall under the IED will require a variation of the Environmental Permit (possibly an Environment Agency administrative variation, otherwise an application by the Operator).

6. Regulatory Background Schedule 9 Other AD Waste Activities not falling under Schedules 1 and 3 Schedule 1 AD100 tonnes per day AD > 10 tonnes per day of animal waste 50MW (Part A) 20MW - <50MW (Part B) Schedule 3 T24 T25 U10 U11 Environmental Permit Exemption Environmental Permitting (England and Wales) Regulations 2010, as amended

7. Exemptions Register exemption, renewal required every 3 years Exemptions for on farm AD (T24), off farm AD (T25) and spreading digestate on land (U10 & U11) Comparatively small schemes only (gas engines with a net rated thermal input less than 0.4MW) Maximum waste storage and treatment at any one time: on farm AD - 1,250m³; off farm AD 50m³ Spread digestate on land to confer benefit - up to 50 tonnes per hectare in any 12 months period Exempt activity must not cause pollution, harm or nuisance.

8. Exemptions Cockle Park Farm, photo courtesy of Newcastle University

9. Exemptions Small scale activities, e.g. Cockle Park Farm o University of Newcastle upon Tyne o 350kWe o Gas to a boiler for heat production o Heat supplied to farm buildings o Plant installed by Marches Biogas

10. Environmental Permits Standard Rules Schedule 1 Bespoke Schedule 9Schedule 1 (Subject to BAT etc) Schedule 9 On-farm Installation Off-farm Installation On-farm waste Operation Off-farm waste operation

11. Standard Rules Environmental Permit New Standard Rules permits published in January 2013 (SR2012 No 09, SR2012 No 10, SR2012 No 11 and SR2012 No 12) Replace previous Standard Rules permits SR2010 No 15 (off-farm AD) and SR2010 No 16 (on-farm AD) SR2010 No 15 (off-farm AD) and SR2010 No 16 (on-farm AD) are no longer available for new sites Existing sites under Standard Rules permits for AD will be phased-in to the new Standard Rules Phase-in details to be finalised by the Environment Agency.

12. Standard Rules Environmental Permit Generic criteria for Standard Rules permits (SR2012 No 09, SR2012 No 10, SR2012 No 11 and SR2012 No 12) o Not within 10m of any watercourse o Not within 50m of any well, spring or borehole used to supply water for human consumption o Not within a Groundwater Protection Zone 1 o Not within a specified Air Quality Management Area Gas engine emission limits (NOx = 500mg/m 3, CO = 1,400mg/m 3, SO 2 = 500mg/m 3, total volatile organic compounds = 1,000mg/m 3. No emission limits for boilers, back up flares, pressure relief valves.

13. Standard Rules Environmental Permit Specific criteria for Standard Rules permit SR2012 No 09, on-farm installation o Not within 500m of a European Site or SSSI (excluding geological SSSI) o Minimum stack height of 3m o Not within 200m of a sensitive receptor unless the stack height is at least 7m or the effective stack height is at least 3m o AD capacity over 100 tonnes per day o Up to 100,000 tonnes per annum of farm waste only (or a combination of farm waste & non waste) o Net rated thermal input of gas engines <5MW o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

14. Standard Rules Environmental Permit Specific criteria for Standard Rules permit SR2012 No 10, on-farm waste operation o Not within 200m of a European Site or SSSI (excluding geological SSSI) o Minimum stack height of 3m o Not within 200m of a sensitive receptor unless the stack height is at least 7m or the effective stack height is at least 3m o Farm waste (or a combination of farm waste & non waste) only o AD capacity less than 100 tonnes per day (therefore < 36,500 tpa) o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

15. Standard Rules Environmental Permit Specific criteria for Standard Rules permit SR2012 No 11, off-farm installation o Not within 500m of a European Site or SSSI (excluding geological SSSI) o Not within 200m of a sensitive receptor o Minimum stack height of 3m o AD capacity over 100 tonnes per day o Up to 100,000 tonnes per annum (includes a much wider range of wastes than on-farm Standard Rules permits) o Net rated thermal input of gas engines <5MW o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

16. Standard Rules Environmental Permit Specific criteria for Standard Rules permit SR2012 No 12, off-farm waste operation o Not within 200m of a European Site or SSSI (excluding geological SSSI) o Not within 200m of a sensitive receptor o Minimum stack height of 3m o AD capacity less than 100 tonnes per day (therefore < 36,500 tpa) o No more than 10 tonnes per day of animal waste o Permit includes physical pre-treatment of wastes, gas drying cleaning & storage & upgrade to biomethane).

17. Bespoke Environmental Permits Reliance Street, photo courtesy of Viridor Laing

18. Bespoke Environmental Permits Sites that do not fall under exemption or Standard Rules Detailed application, including quantification of all emissions (H1) Air dispersion modelling may be required in some cases Use of Best Available Techniques for certain activities (known as Schedule 1) Risk based assessment to determine application fee (EPR OPRA)

19. Bespoke Environmental Permits Westry AD Facility, photo courtesy of Local Generation Limited

20. Timescales and Costs Exemptions o Complete form and submit to Environment Agency o Environment Agency should register exemption within 5 working days o Registration is free Standard Rules Environmental Permit o AD waste operations - £1,590 application fee (on-farm & off-farm) and annual subsistence fees of £1,540 (on-farm) or £2,420 (off-farm) o AD installations - £1,900 application fee (on-farm & off-farm) and annual subsistence fees of £1,990 (on-farm) or £3,330 (off-farm) o Environment Agency has 13 weeks to determine application once Duly Made (should take less) Bespoke Environmental Permit o Application fee based on EPR OPRA (experience of AD indicates at least £7,000) o Annual subsistence fees based on either EPR OPRA or fees and charges scheme o Environment Agency has 13 weeks to determine application once Duly Made