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Biomethane from Waste

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Biomethane from Waste Quality Protocol Biomethane from waste End of waste criteria for the production and use of biomethane from landfill gas and anaerobic digestion (AD) biogases. This Quality Protocol was developed by the Environment Agency and WRAP (Waste & Resources Action Programme) in consultation with Defra, industry and other regulatory stakeholders. The Quality Protocol is applicable in England and Wales. It sets out the end of waste criteria for the production and use of biomethane arising from the degradation of organic wastes in a landfill site or anaerobic digestion plant, for injection into the gas grid or use in an appliance suitably designed and operated for natural gas. The Quality Protocol was developed under the European Pathway to Zero Waste partnership project, with the contribution of the LIFE financial instrument of the European Community (Project ref LIFE08 ENV/UK/000208). Contents 1. Introduction 02 2. Producing biomethane 06 3. Providing evidence of compliance with the Quality Protocol 08 4. Uses of Quality Protocol compliant biomethane 09 Appendix A 10 Definitions Appendix B 12 Standards and specifications Appendix C 13 Statement of Conformity Biomethane 01 Foreword Background Uncertainty over the point at which waste has been fully recovered and ceases to be waste within the meaning of Article 3(1) of the EU Waste Framework Directive (WFD) (2008/98/EC) has inhibited the development and marketing of materials produced from waste which could otherwise be used beneficially without damaging human health and the environment. In some cases, this uncertainity has also inhibited the recovery and recycling of waste and its diversion from landfill. Interpretation of legislation is ultimately a matter for the courts and there is now a substantial body of case law on the interpretation of the definition of waste. In accordance with Article 3 (1) of the WFD, and drawing on the principles established in this case law, it is possible to identify the point at which certain wastes cease to be waste and thus when the WFD waste management controls no longer apply. More specifically, depending on the circumstances of the waste concerned, the aim is to achieve the following outcomes: To produce a Quality Protocol identifying the point at which waste, having been fully recovered, may be regarded as a non-waste product that can be either reused by business or industry, or supplied to other markets, enabling it to be used without the need for waste management controls; and/or To produce a statement that confirms to the business community what waste management controls they must comply with. What is a Quality Protocol? A Quality Protocol sets out end of waste criteria for the production and use of a product from a specific waste type. Compliance with these criteria is sufficient to demonstrate that the fully recovered product may be used without undermining the effectiveness of the WFD and without the need for waste management controls. In addition, a Quality Protocol indicates how compliance may be demonstrated. A Quality Protocol further aims to provide increased market confidence in the quality of products made from waste and so encourage greater recovery and recycling. 02 Biomethane 1. Introduction Definitions of terms that appear in italics when they are first used in this Quality Protocol are given in Appendix A. 1.1. What is this Quality Protocol? 1.1.1 This Quality Protocol has been developed by the Environment Agency and WRAP (Waste and Resources Action Programme) in consultation with industry and other regulatory stakeholders. It is applicable in England and Wales. 1.1.2 The Quality Protocol sets out end of waste criteria for the production and use of biomethane arising from the degradation of organic wastes in a landfill site or anaerobic digestion plant, for injection into the gas grid or use in an appliance suitably designed and operated for natural gas. If these criteria are met, the biomethane will normally be regarded as having been fully recovered and to have ceased to be waste. 1.1.3 Producers, processors and users are not obliged to comply with the Quality Protocol. If they do not, the material will normally be considered to be waste and waste management controls will apply to its storage, handling, transport and application1. 1.1.4 This Quality Protocol does not affect the obligation on producers and processors to hold an environmental permit and to comply with its conditions when processing and storing waste. 1.1.5 Producers should note that biogas (and, therefore, biomethane) is exempt, under the terms of Annex V, from the requirement for registration under the REACH Regulations2. 1.2 The purpose of this Quality Protocol 1.2.1 This Quality Protocol has four main purposes: To clarify the point at which waste management controls are no longer required; To provide users with confidence that the biomethane they use conforms to an approved product standard and, if specified, a customer specification; To provide users with confidence that the material is suitable for use in the designated applications; and To protect human health and the environment. 1.3 Complying with the Quality Protocol 1.3.1 The requirements that must be met for biomethane to comply with this Quality Protocol and be regarded as having ceased to be waste vary depending on the designated application. For the purpose of this Quality Protocol there are two designated applications which are: A. Biomethane for injection into the gas grid (also referred to as Biomethane to Grid or BtG) as described in Section 4. B. Biomethane for use as a fuel in an appliance (BfA) suitably designed and operated for natural gas as described in Section 4 1 The material will remain a waste unless it has been demonstrated to have been completely recovered on a case-by-case basis having regard to the aims of the end of waste criteria set out in the Waste Framework Directive and the need to ensure that the Directive’s effectiveness is not undermined. 2 http://www.hse.gov.uk/reach/resources/waste.pdf and http://www.hse.gov.uk/reach/resources/exemptions.pdf. Biomethane 03 1.3.2 Biomethane used in accord with A or B above will normally be regarded as having ceased to be waste and, therefore, no longer subject to waste management controls, provided it: Requires no further processing before its use; and Complies with the criteria set out in Section 2.2. 1.3.3 This Quality Protocol will be adopted as a technical regulation under the Technical Standards and Regulations Directive 98/34/EC as amended. We recognise that there may be codes of practice or standards which apply in European Economic Area (EEA) States other than the UK, setting out requirements for the production and use of biomethane. We accept that biomethane may cease to be waste provided that it has been produced in compliance with: A relevant standard or code of practice of a national standards body or equivalent body of any EEA state; or Any relevant international standard recognised for use in any EEA State; or Any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in any EEA State. These must give levels of product performance, protection to human health and the environment which are equivalent to those required by this Quality Protocol. 1.3.4 An outline of the main stages and control mechanisms of the Quality Protocol is presented in Figure 1. 1.4 When Quality Protocol compliant material may become waste 1.4.1 Processors and users of biomethane should note that compliance with this Quality Protocol does not prevent the status of the material reverting to a waste, if it is at any stage: Disposed of; or Stored indefinitely with little prospect of being used. 1.4.2 If Quality Protocol compliant biomethane gas is mixed with any waste (for example, the mixing of two gases or dissolving the gas within a liquid) the resulting mix will be considered to be a waste and subject to waste management controls. If Quality Protocol compliant biomethane is mixed with non-waste materials, the resulting mix will not, as a result of this, be waste. 1.5 Failure to comply with the Quality Protocol 1.5.1 Where this Quality Protocol is not complied with (e.g., the biomethane does not meet a specified product standard, or the processor cannot demonstrate evidence of compliance), the biomethane will be considered to be waste3. In such circumstances, the processor or user must comply with the appropriate waste management controls for the transportation, storage and use of the biomethane and may be committing an offence if they do not do so. 1.5.2 Detailed guidance on waste management controls can be obtained from the Environment Agency’s National Customer Contact Centre on 03708 506 506 or from the website www.environment-agency.gov.uk/waste or from from Natural Resources Wales website [email protected]. 3 Unless it has been demonstrated to have been completely recovered on a case by case basis having regard to the Article 6 of the Waste Framework Directive. 04 Biomethane Figure 1: Main stages and control mechanisms of the Quality Protocol Start 1. Input material – Biogas Apply waste acceptance criteria in accordance with permit requirements and the industry standard Reject Accept Fail 2. Upgrade Biogas 3. Sample and analyse In accordance with the specified procedures Records management required Pass Point at which material ceases to be waste 4. Quality Protocol compliant product 5. Produce supply documentation Dispatch from site of upgrading for injection to gas grid or use in suitably designed appliances Biomethane 05 1.6 Updating the Quality Protocol 1.6.1 We will review and update this document as we consider appropriate.
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