U5 waste exemption: using biodiesel produced from waste as fuel

The U5 exemption allows you to store and use biodiesel produced from waste as fuel in portable generators and motor vehicles.

Types of activity you can carry out

These include:

  • running a delivery van or tractor on biodiesel produced from waste
  • running a portable generator to provide electricity for a power washer

Type of activity you cannot carry out

You cannot use this exemption to use any other type of waste as fuel.

Type of waste you can use

The waste code is listed in the List of Wastes (LoW) Regulations. You need to make sure your waste fits within this waste code and the description.

Waste code Type of waste
190210 Biodiesel produced from waste only

Amount of waste you can use

You can:

  • store up to 5,000 litres at any one time at a place owned or occupied by the owner or user of the biodiesel
  • store or use up to 1,000 litres of biodiesel in a portable generator or in a motor vehicle at any one time

Key conditions

  • the biodiesel must be stored with secondary containment
  • if you are using a portable generator, it must have a net rated thermal input of less than 0.4MW
  • if you are using more than one portable generator, the total net rated thermal input of all the portable generators must be less than 0.4MW (for example, four 0.1MW appliances)
  • you should not use any more waste than you need to or this will be considered as waste disposal and will not be exempt

Other things you need to know

If you are a private individual running a car on biodiesel made from waste, you do not need to register this exemption, but you must comply with its requirements.

Control of pollution (oil storage) (England) regulations 2001 will help you decide on the most appropriate form of secondary containment.

Quality biodiesel produced and supplied under the Quality Protocol (QP) is not waste. You do not need to register this exemption if you burn only quality biodiesel which meets the Quality Protocol for biodiesel.

You can make biodiesel from waste edible oils and fats under exemption T19: physical and chemical treatment of waste edible oil and fat to produce biodiesel.

Register a U5 exemption

You need to register this exemption with the Environment Agency if you meet the requirements:

Published 28 April 2014