Guidance

Using backup flares at exempt anaerobic digestion plants: RPS 120

Environment Agency regulatory position on when you can use a backup flare to burn biogas at exempt anaerobic digestion plants.

• From: Environment Agency
• Published: 27 March 2014
• Last updated: 9 December 2025
  Show all updates

  1. 9 December 2025

     RPS has been reviewed, aligned with new template and updated based on latest policy information

  2. 31 October 2022

     We have updated the expiry date to 1 October 2025.

  3. 23 December 2019

     We have added the text: This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.

  4. 17 December 2019

     We have added the text 'You must keep records for 2 years that show you have complied with this RPS. You must make these records available to the Environment Agency on request.' We have also extended the review date until 31 October 2022.

  5. 27 March 2014

     First published.

Applies to England

Documents

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

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Details

This regulatory position statement (RPS) does not change your legal requirement to:

• have an environmental permit where one if required

• register an activity as exempt where you are required to do so

However, the Environment Agency will not normally take enforcement action if you do not comply with these legal requirements if you meet the requirements in this RPS.

This regulatory position does not apply to any other legal requirements.