Guidance

Using back up flares at exempt anaerobic digestion plants: RPS 120

Updated 31 October 2022

Applies to England

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This publication is available at https://www.gov.uk/government/publications/use-of-auxiliary-back-up-flares/using-back-up-flares-at-exempt-anaerobic-digestion-plants-rps-120

This regulatory position statement (RPS) does not change your legal requirement to get an environmental permit for a waste operation when you use a back up (auxiliary) flare to burn biogas from exempt anaerobic digestion plants:

  • in an emergency

  • during a breakdown

  • when you carry out routine maintenance of an appliance used to burn biogas

However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements provided:

  • your activity meets the description set out in this RPS

  • you comply with the conditions set out in this RPS

  • your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health

When this RPS applies

The Environmental Permitting (England and Wales) Regulations 2016 list 2 exemptions for the anaerobic digestion of waste:

Under these exemptions you must only burn gas produced in an appliance used for producing energy. There is no provision within the exemptions for using auxiliary flares to dispose of biogas or biomethane.

All anaerobic digestion plants must have a standby flare available or a means to use and combust biogas and biomethane.

Conditions you must comply with

This RPS only applies if you are otherwise operating under, and in accordance with, a T24 or T25 waste exemption.

This RPS only applies if you use auxiliary flares to:

  • prevent the release of unburnt biogas and biomethane emissions to the environment, for example from pressure relief valves

  • protect the integrity of the plant during an emergency

  • burn gas if the appliance used for gas to energy cannot operate due to a breakdown, or during routine maintenance

You must:

  • only operate the flare for the minimum period of time needed – prolonged releases to atmosphere are not allowed

  • record the date, time and reason you carried out flaring

  • keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

When you must check back

The Environment Agency will review this RPS by 1 October 2025 or following any future waste exemption review. You will need to check back then to see if it still applies or if you need to take appropriate alternative action.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

If you cannot comply with this RPS

If you operate under this RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email [email protected]

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

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