Guidance

Treating, storing, and using carbon dioxide from anaerobic digestion: RPS 255

Updated 13 September 2023

Applies to England

© Crown copyright 2023

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/treating-storing-and-using-carbon-dioxide-from-anaerobic-digestion-rps-255/treating-storing-and-using-carbon-dioxide-from-anaerobic-digestion-rps-255

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you capture, treat, store and use carbon dioxide (CO2) from anaerobic digestion (AD) of waste.

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

  • your activity meets the description set out in this RPS

  • you comply with the conditions set out in this RPS

In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

  • cause a risk to water, air, soil, plants or animals

  • cause a nuisance through noise or odours

  • adversely affect the countryside or places of special interest

1. Activity this RPS applies to

This RPS applies if you:

  • capture CO2 produced from upgrading biogas to biomethane at your AD plant

  • treat and store CO2 at your AD plant or elsewhere, to meet food and beverage or industrial grade standards

2. Conditions you must comply with

You must get the Environment Agency’s agreement in writing before you use this RPS. Email wastetreatment@environment-agency.gov.uk and put ‘Treating, storing and using carbon dioxide from anaerobic digestion: RPS 255’ in the subject and include your name, contact details and permit number if you have one.

You must:

  • produce CO2 to food and beverage or industrial grade standards using one or more of the following techniques:
    • filtering
    • washing
    • distillation
    • compressing
    • condensation
    • drying
    • cooling
  • produce CO2 that meets or will meet food and beverage or industrial grade standards
  • show that you have a contract of supply in place
  • follow HSE guidance
  • record the amount of CO2 produced and stored on site
  • achieve a CO2 capture rate of at least 80%
  • apply for a permit or permit variation to capture, treat and store CO2 by 1 October 2024
  • 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

You must not:

  • store more than 150 tonnes of CO2 at any one time
  • store CO2 for longer than 6 months before use

3. When you must check back

The Environment Agency will review this RPS by 1 September 2026.

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

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

4. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must stop the activity to which this RPS relates and must tell the Environment Agency immediately. Email wastetreatment@environment-agency.gov.uk and put ‘Treating, storing and using carbon dioxide from anaerobic digestion: RPS 255’ in the title.

5. Contact the Environment Agency

If you have any questions about this RPS email wastetreatment@environment-agency.gov.uk.

Back to top