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Guidance

Using biogas or biomethane in a small combustion unit under a SR2023 No 1 permit: RPS 372

Published 13 July 2026

Applies to England

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

  • have an environmental permit where one is required
  • comply with the conditions of your environmental permit

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements 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 to operators who, at the same site:

2. Conditions you must comply with

You must:

  • have a SR2023 No 1 permit at the site where the biogas or biomethane will be used
  • use biogas or biomethane collected passively from on-farm slurry lagoons or tanks
  • produce energy to provide power or heat
  • burn biogas or biomethane in a combustion unit (or units) with a net rated thermal input of less than 0.4MW in total
  • ensure your appliance is suitable to burn biogas or biomethane
  • maintain and operate the combustion unit (or units) in line with the manufacturer’s instructions
  • burn any excess gas in a flare
  • maintain a record of the duration and occasions of flare use in compliance with your permit
  • notify the Environment Agency by email at wastetreatment@environment-agency.gov.uk with RPS 372 in the subject before you use this RPS
  • keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not dispose of excess or collected biogas or biomethane by venting to atmosphere.

3. Things to note

The Environment Agency will be consulting on and amending SR2023 No 1 to include combustion units of less than 0.4MW thermal input in total.

4. When you must check back

This RPS will expire on 30 June 2027.

The Environment Agency can withdraw or amend this regulatory position before it expires 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 expiry 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.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. Use the ‘Get emails about this page’ feature on the RPS publication page.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

6. Contact the Environment Agency

If you have any questions about this RPS, email wastetreatment@environment-agency.gov.uk with RPS 372 in the subject.