Guidance

Collecting, storing and upgrading biogas from on-farm manure and slurry: RPS 259

Updated 13 February 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit when you:

• collect and store biogas from on-farm manure or slurry lagoons and tanks
• upgrade this biogas to biomethane

However, the Environment Agency will not normally take enforcement action against you if 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 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

Activity this RPS applies to

This RPS applies to:

• collecting and storing biogas from manure or slurry lagoons and tanks on a farm at the place of production
• upgrading this biogas to biomethane

This RPS only applies to slurry and manure produced by agriculture consisting of:

• waste code 02 01 01: sludges from washing and cleaning milking parlours or livestock housing
• waste code 02 01 06: animal faeces, urine and manure, including spoiled straw and fully biodegradable animal bedding
• waste code 16 10 02: milk from agricultural premises, including milk unsuitable for consumption or processing

Conditions you must comply with

Tanks and lagoons

You must use tanks and lagoons that comply with the Silage, Slurry and Agricultural Fuel Oil (SSAFO) regulations.

You must tell the Environment Agency at least 14 days before:

• you build new storage to be used under this RPS
• you make changes to an existing store that you’ll use under this RPS

You must use lagoon and tank covers that are engineered and fitted by a technically competent engineer and installer. You will need to provide the Environment Agency with evidence of the engineer’s competence. (Their qualifications and experience, and if they are chartered.)

Collecting, storing and upgrading biogas to biomethane

You must comply with the biomethane quality protocol when you produce and use biomethane.

You must store activated carbon for upgrading biogas in line with the manufacturer’s instructions. You must dispose of spent carbon as hazardous waste at a permitted waste facility.

You must store less than 10 tonnes of biogas or less than 50 tonnes of biomethane at sites at any one time.

You must not store biogas or biomethane on site for longer than 6 months.

You must maintain records documenting the:

• gas capture rate
• storage volumes
• amount of gas and biomethane produced and used

You may need a permit if you combust biogas or biomethane other than a surplus gas flare.

Plant design and management

You must comply with the Dangerous Substances and Explosive Atmospheres Regulations 2002. As part of this you must:

• get an assessment produced by a suitably qualified process engineer
• install the appropriate explosion protected ATEX rated equipment

You must provide the Environment Agency with evidence of the engineer’s qualifications and competence.

You must install pressure relief and vacuum systems that are designed to the capacity of your plant. These must be validated and calibrated by a technically competent engineer to the relevant codes and standards. You must manage the pressure relief systems and pipework following a suitable maintenance regime. You must have a written examination scheme.

You must inspect every item of ATEX equipment at least every 3 years.

You must control the risks of confined spaces.

You must be working towards the relevant technical competence qualification for the waste activity. This is explained in the requirements of an approved competence scheme.

Prepare for incidents

You must have a standby flare or a means to use and combust biogas and biomethane if there is an emergency incident.

You must not vent collected gas except in an emergency. Venting must carefully follow the manufacturer’s instructions to make sure the gas does not ignite. You must keep records of the time and duration of any venting.

If your activities suffer an accident or incident that leads to pollution, you must tell the Environment Agency what measures you will take to mitigate against pollution impacts.

Get permission to use this RPS

The Environment Agency must agree by email before you operate under this RPS.

Email wastetreatment@environment-agency.gov.uk. Include:

• ‘RPS 259’ in the email subject
• your name, company name and contact details
• the address of the site where you want to operate under this RPS

You must 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 29 November 2024.

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.

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 include ‘RPS 259’ in the subject.

Contact the Environment Agency

If you have any questions about this RPS email wastetreatment@environment-agency.gov.uk and put ‘RPS 259’ in the subject.