Energy from Waste guidance

7/28/2019 Energy from Waste guidance

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WRAP EfW DEVELOPMENT GUIDANCE September 2012

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EW DEVELOPMENTGUIDANCE


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WRAPEfWDEVELOPMENTGUIDANCESeptember2012

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POTENTIAL sOUrCEsOf fUNDINGGuidance on unding option oeneg om wate development.

1.0 LondonGreenFund(LGF)

2.0 TheCarbonTrust

3.0 EDFEnergyGreenFund

4.0 GreenInvestmentBank(GIB)

5.0 WRAPeQuipScheme

6.0 Additionalsourcesofinformation


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Pott oc o

There are a number of funding options available to assist companies in thedevelopment of sustainable energy facilities, including energy from waste (EfW). Thetypes of funding available are usually project specic and can differ depending onyour location. A selection of the funding options currently available is outlined below.These funds do not have an advertised end date. However, as sources of funding are

constantly changing to meet market demands, it is worth checking national and localgovernment websites for updates.

igure 1: vailable funding sures (as ugus 2012)

1.0 ndn reen und ()

The London Green Fund (LGF) was launched in 2009. This 100 million fund isavailable for investment in schemes that will cut Londons carbon emissions.The fund consists of 50 million from the European Regional Development FundProgramme (ERDF), 32 million from the London Development Agency (LDA), and18 million from the London Waste and Recycling Board (LWARB). The fund is part

of the Joint European Support for Sustainable Investment in City Areas initiative(JESSICA) that was developed by the European Commission and the EuropeanInvestment Bank. The LGF is managed by the European Investment Bank.

The LGF is divided between two smaller urban development funds, which aremanaged independently and invest directly in waste and energy efciency projects.The UDFs are the Waste Urban Development Fund (WUDF) with funds of 35 millionand the Energy Efciency Urban Development Fund, (EEUDF) with funds of 50million. The fund managers decide the amount to invest in selected projects, basedon an investment policy agreed by the London Green Fund Investment Board. Thefund managers also expect to attract further investment into their UDFs from otherinvestors. The Waste UDF is managed by Foresight Group LLP and is known as theForesight Environmental Fund. It is commercial funding.

The WUDF nances the construction or expansion of waste to energy facilities, valueadded re-use, recycling or re-processing facilities and facilities which displacethe use of fossil fuels. To apply for the funding and further details contact the UDFmanagers who are responsible for assessing project proposals. Contact details canbe found at:

http://www.lwarb.gov.uk

unding

LondonGreenFund(LGF)

TheCarbonTrust

EDFEnergyGreenFund

GreenInvestmentBank(GIB)

WRAPeQuip


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2.0 the carbn trus

2.1 Interestfreeloans.

Small and medium enterprise (SME) businesses in Wales and Northern Ireland canapply for 0% interest loans of 3,000 - 100,000 from the Carbon Trust to help themnance and invest in energy saving projects. The repayment period of the loans is

dependent on the individual projects. In Northern Ireland 1,000 can be borrowed forevery 1.5tCO2 saved per year. In Wales, 1,000 is available for every 2.5t CO2 saved.

To be eligible for the loan, SMEs must have incorporated businesses that havebeen trading for at least 12 months or non-incorporated businesses trading for atleast 36 months (this will include charities, friendly societies, clubs and similar).For the purpose of this funding, an SME is dened as a company with fewer than250 full time or equivalent employees, an annual turnover not exceeding 50m(approximately 42.5m) and/or assets not exceeding 43m (approximately 36.5m)and no controlling interest of more than 25% by a non-SME. More details can befound at:

http://www.carbontrust.co.uk

2.2 Energyefciencynancing(UK)

In partnership with Siemens, the Carbon Trust offer nancing options includingleases and loans from just 1,000 with no maximum limit. Financing is available toall types of organisations. The repayments are calculated to tie in with the anticipated

energy production and resulting cost savings making the nancing option pay foritself.

To qualify for nance, companies are subject to a credit check and trading historyas this will assist in determining the available nance. Businesses must have beentrading for at least 36 months. In addition to this, an energy saving assessment willbe completed by the Carbon Trust to ensure sufcient savings can be made. Moredetails can be found at:

http://www.energyefciencynancing.co.uk


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3.0 nergy reen und

In 2001 EDF Energy set up the Green Fund using the funds from their Green Tariff.Every customer contributes an amount to green projects which the company matchpound for pound. The fund is used to help promote the development and installationof renewable energy technology in communities.

The fund is mainly used to help non-prot organisations set up micro-generationtechnologies. Any technology that produces heat and electricity will be consideredand innovative technologies are supported, as long as evidence of successful trialscan be provided.

The fund will provide up to 30,000 (excluding VAT) for a single scheme. The fundingis usually only awarded to schemes that have secured funding from other sources ofan equal or greater amount, and the applicant is also expected to contribute to theoverall cost. The scheme will not be eligible to receive EDF funds if they have alreadysecured funding from other energy companies.

There are two rounds of funding per year with the closing dates being 28th Februaryand 31st August. Currently there is no known end date for the fund. All applicantsare scored in two stages against pre-set criteria. Unsuccessful applicants are notallowed to re-apply for the project in the next funding round, however they can applyfor subsequent rounds. Further details and the application form can be found at:

http://www.edfenergy.com/products-services/for-your-home/our-services/green-energy-fund.shtml

4.0 reen nvesmen Bank (B)

The Green Investment Bank is being set up by the government to provide thesignicant investment that will be required to establish a green economy in the UK.In December 2011 the Department for Business, Skills and Innovation (BIS) publishedthe criteria for deciding where the bank will be based and what the banks rstpriorities will be until 2016, which includes energy from waste generation.

A new team will be set up within BIS to drive investment in the UKs greeninfrastructure until the Green Investment Bank is formally established. The UK GreenInvestments (UKGI) team will have access to the 100 million made available by theGovernment to invest in smaller waste infrastructure projects on a fully commercialbasis. A further 100 million has been provided for investment in the non-domesticenergy efciency sector for the next nancial year. 80 million has been awarded tofund managers Foresight and Greensphere. UKGI will also be available to co-investin offshore wind projects. It is proposed that the GIB project will evolve over threephases as below:

UK Green Investments from 2012 until state aid approval for GIB is granted,BIS UK Green Investments project will make direct investments in greeninfrastructure projects.

Establishment GIB will be established as a stand-alone institution followingstate-aid approval. It is expected that state aid approval will be granted in autumn2012.

Full borrowing from April 2015, the GIB will be given full powers to borrow,subject to public sector net debt falling as a percentage of GDP and further stateaid approval being granted.

To keep up to date with the GIB developments please visit:

http://www.bis.gov.uk/greeninvestmentbank
http://www.foresightgroup.eu/http://www.greenspherecapital.com/http://www.greenspherecapital.com/http://www.foresightgroup.eu/


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5.0 WP eQuip heme

The eQuip leasing scheme has been set up by WRAP to help companies securenancial assistance for new and second hand recycling plants and machinery,through guaranteeing the future value of plant machinery which is leased. Financialbenets from the scheme include:

VAT is charged on each individual rental payment, removing the need for it to be

paid up front; lease facilities are generally not payable on demand or subject to annual reviews;

and

all rental payments made by the company can be set against tax liabilities

To qualify for the scheme, a business must sort, reprocess, recycle or manufactureproducts using one of a range of materials that include plastic, organics (In-Vesselcomposting or Anaerobic Digestion only), textiles, glass or wood (only treated/contaminated wood). eQuip can support waste to energy applications but it must beclearly demonstrated that there is no higher value use for the material.

The eQuip scheme has been designed to process applications quickly - withapplications for equipment up to 250,000 processed in less than one month, andapplications over 250,000 taking a maximum of eight weeks from receipt of thecompleted application form. Further details and the application form can be found at:

http://www.wrap.org.uk/content/equip-leasing-made-easy-0

6.0 ddiinal ures f nfrmain

6.1 TheKnowledgeTransferNetwork

Provides advice on funding and networking and recently launched the EnergyGeneration and Supply Knowledge Transfer Network which is a useful on lineresource to nd funding and partners.

https://connect.innovateuk.org/web/energyktn/overview

6.2 TheBritishPrivateEquity&VentureCapitalAssociation

The industry body for the private equity and venture capital industry in the UK.

http://www.bvca.co.uk

6.3 TheGreenGrantsMachine

A source of information on grants, loans, awards and other funds available to helpbusinesses go green.

http://www.greengrantsmachine.co.uk


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fEAsIbILITy, DUEDILIGENCE AND GOODPrACTICE IN EW PrOjECTDEVELOPMENTGuidance to help in the eaiilit aement o EWacilitie to acilitate the deign and eaiilit poceeo EW plant.

1.0 Introduction

2.0 Developingabusinesscase

3.0 Energyfromwastetechnologies

4.0 Siteselection

5.0 Duediligence


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1.0 tocto

The purpose of this guidance is to provide a source of information for wasteproducers and businesses who are interested in developing small scale energy fromwaste (EfW) plants. This guidance focuses on the feasibility study stage of the projectprocess.

There are a number of different EfW technologies available, including combustion,AD, gasication and pyrolysis, which can provide an energy recovery option for thosewastes which cannot be re-used, recycled, composted or digested. Projects of thisnature frequently take a period of time to develop and implement so it is prudent toperiodically review the initial feasibility work in light of any changes to feedstock,legislation/regulations, funding options, progression of new technologies andobservation of lessons learned on similar projects.

An initial, robust feasibility assessment should help to lay the foundations for asuccessful project. This document covers the areas of business case development,site selection, technology options and due diligence. In addition to providing a quickoverview of key project considerations, it also provides useful contacts and sources toassist with this process.

2.0 oP B c

Developing a business case should help to ensure a successful, well planned project,prior to investing any funds. The business case should help answer the followingquestions:

What are the key legislative and policy issues: should the waste be managed inan EfW facility?

What will the feedstock be? What is the need for the facility in respect to waste management and/or low

carbon energy production?

What are the local waste management options and alternatives?

What is the most appropriate technology for the waste feedstocks beingconsidered?

Do I have a suitable site?

What size should the facility be?

How much will a facility cost to construct (including the feasibility of heat andenergy off-take/connection to electricity grid and combined heat and power(CHP))?

How much will the facility cost to operate?

How long will the project take from planning to operation?

Is the project economically viable and how will it be funded?

Have I carried out appropriate project due diligence?

Who will be the project partners?

What legal matters need to be considered?


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2.1 tehnial feasibiliy

The rst crucial step for a potential EfW proposal will be to develop a business modelto determine the most appropriate technology. The specic elements as shown inFigure 1 will need to be considered within the feasibility assessment before choosinga technology:

igure 1 typial prje feasibiliy assessmen diagram

2.1.1 Location

Before an EfW plant can be built, you will need to establish how much land isrequired, as technology footprints vary for each type and design of EfW plant (seesection 4 Site selection). The proposal will also need to consider land allocation

for feedstock, waste reception, processing requirements, storage requirements andother ancillary equipment. Dependant on the outputs of the process (in terms ofheat, steam and/or electricity) you may need to consider heat users, access to anelectricity sub-station or local electricity distributor. Where will the process residuesbe managed and is the location well situated to facilities which can manage bottomash and ue residues or does this need to be accommodated in your site?Further information can be found in section 4.

Feasabilityassesment

Feedstockstypeofwaste

FeedstockSecurity

Energyproduction

Operationoffacility

Governmentincentives

Planningand

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GateFeesandrevenues

CAPEXandOPEX

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2.1.2 Feedstockwaste

A market assessment of waste facilities is crucial at the feasibility stage. This wouldinclude a waste forecast, a consideration of policy targets (for example LA recycling)and evaluation of existing and planned waste capacity within a specied distance

from the proposed location.The availability of waste feedstock and its variability are key parameters whendetermining which technology will be the most suitable for the proposal, as well asthe long term economic viability of a project. The feasibility assessment will need toinclude a detailed analysis of the availability and physical & chemical characteristicsof the feedstock. The larger mass-burn technologies are less sensitive tovariations in feedstock, however others, such as gasication are more sensitive,requiring pre-treatment of feedstock.

The physical and chemical properties of the fuel can have an impact on the energyefciency, operation and emissions of an EfW facility. See forthcoming WRAPguidance on feedstocks and fuel classication for more detail, but typically the

following factors will need to be evaluated to determine the overall fuel quality: biogenic content;

moisture content;

ash content;

net caloric value;

size and density; and

chemical content (including chlorine, mercury, cadmium and other heavymetals).

2.1.3 Fuelpreparation

The feedstock may also require further processing before it can be thermally treated.The type of fuel preparation techniques used would depend on the input fuel andthe EfW technology being used. Some of the most commonly used fuel preparation

techniques include: sorting;

biological treatment;

crushing, grinding, shredding;

separating;

screening;

washing;

drying, cooling;

pelletising;

compacting; and

dust removal.

2.1.4 Feedstocksecurity

The work involved in the concept, feasibility, design, commissioning and operationalstages of an EfW facility represents a large capital investment over a long period oftime. A cost/benet analysis needs to demonstrate to funders that sufcient suitablewaste feedstock is available over that period to ensure the facility can run at or nearcapacity and generate the revenues or savings expected. Developers will also needto demonstrate feedstock security and consider any changes to their business thatmight impact on the quantity or composition of the waste they require.


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2.1.5 Electricityandheatproduction

The UK Government has set an ambitious target to reduce 60% of carbon emissionsby 2050 and has identied the importance of energy recovered from waste indisplacing fossil fuels. EfW technology can convert the low entropy chemical energy

in waste derived fuels into high entropy heat, electricity or both.The amount of energy produced depends upon the composition of the feedstock,the technology used, the boiler and turbine efciency and how long the facility willneed to operate. The technology selection and set up of the facility will dependon the desired outputs, which in most cases can be set up to produce direct heat/steam (most efcient), electricity (least efcient) or a combination of both. For smalland medium enterprises (SMEs) which require a signicant supply of heat and/orpower, a nearby EfW facility can represent a secure source of power and protect thebusiness against potential rising energy costs.

2.1.6 Operationofthefacility

The operation of EfW facilities, particularly advanced thermal treatment plants,require a greater level of skill and operator knowledge compared to conventionalincinerators. The availability of staff with the required skills will need to beconsidered, along with the number of additional staff required to operate the facility.The feasibility assessment will also need to consider any maintenance costs andemissions monitoring costs within the business case.

2.1.7 OutlineCAPEXandOPEX

A key parameter for the development of a business case is the capital expenditure(CAPEX) and operational expenditure (OPEX) that is required to purchase and runthe EfW equipment over its lifetime. The capital cost represents the estimated total

plant costs, which include but are not limited to: main equipment costs; direct plantcosts; purchase of the land; costs associated with obtaining planning permission;environmental permits and indirect plant costs. The operational cost includes, butis not limited to: raw materials; labour; electrical energy consumed; maintenance;

materials consumed; consultant services; general insurance; expenses; local tax;unforeseen expenses and ash disposal.

2.1.8 Governmentincentives

There are a number of policies supporting the delivery of EfW technologies that twithin the waste hierarchy. The UK Government is committed to sourcing 15% of itsenergy from renewable sources by 2020 and has stated where appropriate that EfWcan make a contribution to the renewable energy target.

The landll tax escalator is also acting to reduce the amount of waste sent tolandll. Gate fees, current disposal costs, and energy/transport requirements are allconsiderations which will need to be considered within a business case.

Within the policy framework there are a number of funding opportunities to generaterevenue from energy production that SMEs can now access to build into a businesscase for investment in small scale EfW technology. These include:

the Renewables Obligation (RO);

Renewable Heat Incentive (RHI); Combined Heat and Power (CHP); and

Feed in Tariffs (FiTs).

Where projects involve the export of power to the National Grid, there is the potentialto gain additional revenue through the sale of Renewables Obligations Certicates(ROCs). ROCs are issued by Ofgem to producers of renewable electricity. As allenergy suppliers have an obligation to provide a certain amount of their electricityfrom a renewable source, those suppliers who do not produce renewable energy canpurchase the certicates from those who do, so the ROCs themselves have a marketvalue, which can add signicantly to the income of a renewable energy supplier.

Similarly, where a plant provides direct heat to a heat user the supplier can applyfor payments through the Renewable Heat Incentive (RHI). This works in a similarmanner to the ROCs regime, but supports non-fossil fuel produced heat delivery,rather than electricity. See WRAP guidance onFinancial Incentives for more detail.


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Combined Heat and Power (CHP) is a form of plant design which produces electricity,but in addition then captures and utilises the waste heat from the process. In thiscase, the supplier can choose whether to claim under ROCs for the electricity or toclaim under RHI for the heat, but they cannot claim for both.

Feed in Tariffs (FiTs) are a similar scheme to ROCs but aimed very much at the smallscale. Eligible installations need to be less than 5MW capacity, which would excludemany EfW facilities.

2.1.9 Gatefeesandrevenue

One of the important factors that determine the projected revenue from an EfWfacility is its gate fees. This is the fee which is paid by the waste fuel supplier for thetreatment and disposal of waste. The revenue generated from gate fees depends onthe location of the site, the type of process and the capacity of the plant, as well asother economic factors.

Gate fees are levied on each tonne of waste accepted at site for treatment in order to

offset the total operating cost of the systems. It is customary for operators to includethe prot within the cash ow for calculation of gate fees. The gate fees levied wouldalso depend on the projected revenues from electricity sales, ROCs, RHI and thesales of other outputs and residues such as secondary aggregates made from bottomash.

2.1.10 Planningandpermitting

Planning permission and an Environmental Permit will need to be obtained forthe construction and operation of the facility. It is important to factor in the cost ofpreparing a planning and permit application, as well as the time taken to prepare

and determine these applications.Securing planning is a key project hurdle and it is advisable to carry out initialplanning feasibility work for the proposed site and development at the business casedevelopment stage.

For further information see the WRAP guidance on planning.

For further information see the WRAP guidance on environmental permitting.

2.1.11 Legalagreements

New projects will need to consider contractual arrangements and legal warranties.It is important that legal advice is sought early within the project development toscope any potential legal barriers and determine any risks to the business. Theoverall business case will need to consider issues such as the utilisation of wastematerials, electricity generation, grid connection agreements, planning conditionsand technology warranties.

Any joint venture or partnerships may have to be warranted, and legal supportmay also be required to ensure contracts are in place. Seeking legal advice withinthe feasibility phase will provide the necessary evidence for any commercialcommitments that may be required from project concept to delivery.


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3.0 o Wttcoo

There are a number of EfW technologies which canprocess waste to generate energy in the form ofelectricity, heat or cooling. The most well-knowntype of commercial EfW plant is the modern waste

incinerator which burns wastes at high temperaturesto produce heat which converts water to steam. Thesteam is then used to drive a turbine, generatingelectricity which is exported to the National Grid.There are also other EfW technologies generallyreferred to as advanced thermal treatments (ATT) oras advanced conversion technologies (ACT) thoughmany remain unproven on a commercial scale forspecic feedstock use. Examples across the range ofEfW thermal processes include:

incineration;

gasication;

pyrolysis; and

plasma gasication.

3.2 Incineration

The most well known thermal process is incinerationand a variety of EfW incineration technologies areavailable such as uidised bed or moving grate.During incineration the waste is burnt in the presenceof oxygen at a high temperature normally above 850C. The process produces steam which can be usedto generate electricity and heat; wastes that are notincinerated remain as a solid residue.

igure 2 ninerain plan w diagram (o imn d)


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3.3Gasication

Gasication is considered a commercial technologyin the coal and chemicals industry and a variety ofgasication designs are available such as up draft,

down draft, entrained ow and uidised bed reactors.Gasication is another thermal process during whicha controlled amount of oxygen, air or steam is passedthrough the waste preventing full combustion. Theprocess occurs at high temperatures, normally above750 C, producing syngas (synthetic gas, whichtypically contains Carbon Monoxide, Hydrogen andMethane) and a solid residue or char. The syngas canbe burnt to produce steam or converted via a primemover such as a gas engine or turbine which canbe used to produce electricity and heat. Gasicationis considered as an advanced thermal treatmenttechnology, and although not yet commercially

proven in the UK using MSW, there are wood biomassgasication plants being established across the UK.The advantages of gasication plants are that theycan be modular and the operating parameters can bevaried to match the variety of feedstock composition.

igure 3 asiain plan w diagram (o imn d)


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3.4 Pyrolysis

Historically the pyrolysis process has been used in thechemical industry to produce charcoal and coke fromwood. During pyrolysis no oxygen is used; the waste

undergoes thermal degradation at temperaturesbetween 300 C to 850 C. The process typicallyproduces a hydrogen rich syngas (which typicallycontains Carbon Monoxide, Hydrogen and Methane),a liquid oil and a solid char. The relative proportionsof these products can be altered by the speed of theprocess and the temperatures at which the reactorruns. The syngas can be burnt to produce steam orconverted via gas engines to produce electricity andheat or condensed to produce more oils. Pyrolysis isnot yet developed at a commercial scale within the UK,although developmental projects are up and runningand reference plants have been built within the EU torecover organic wastes.

3.5 Plasmagasication

Plasma gasication techniques use an electriccurrent, an inert carrying gas and powerful electrodesto create plasma - an ionised gas (not dissimilar tolightning). In plasma gasication, fuel or waste isfed to a reactor vessel where it comes into contactwith electrically generated plasma and is heated totemperatures of up to 6,000C. Organic molecules areconverted into a syngas that can be used to generateelectricity and liquid fuels, while most metals meltor are vaporised and other inorganic solids areconverted into a glass-like substance that can bemarketed to the construction industry as an aggregatereplacement.

igure 4 Pyrlysis plan w diagram (o imn d)


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4.0 t cto

4.1 Thesiteselectionprocess

Choosing the right site can minimise planning delays and help ensure projectsuccess.

The planning system is plan-led and nding a site which is allocated for an EfWfacility in an adopted Development Plan will increase the likelihood of success.Modern EfW facilities are industrial in nature and often t well within an industrialsetting.

The site selection process is very important in determining the correct and mostsuitable location for the proposed facility. There is national guidance contained withinPlanning Policy Statement 10 (PPS10), its Companion Guide and Supplement toPlanning Policy Statement 1: Planning and Climate Change which deal with locationcriteria for such developments. Annex E of PPS10 provides locational criteria whichassist in the site selection process.

4.2 Siteselectionprocesschecklist

The list below provides a check list that should be considered when locating apotential EfW facility.

4.2.1 Availability,locationandfeedstock

Is the feedstock readily available in a format that the chosen technology cantreat?

Is the feedstock located within a cost effective distance from the site? Roadbased transportation should ideally be no more than a 1 hour drive.

Is the site located close to the primary road network, thereby avoiding residentialand school routes?

Is the site access suitable for HGV movements?

Is the site available and deliverable for the proposed use?

Has there been sufcient consideration for the location where the waste residuesfrom the EfW process will end up, either to be re-processed or disposed of at a

suitably licensed (hazardous) landll site?


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4.2.2 Developmentplanpolicies:

If you are looking for a site:

Is there an up to date adopted Waste Core Strategy and supporting developmentplan document with sites allocated for waste uses?

Are any of these allocated sites suitable and available for your proposal (seechecklist below)?

If no, does the development plan include a policy for EfW proposals onunallocated sites? If yes, ensure the site you select adheres to this policy(checklist below may also assist).

If there is no up to date waste development plan, is there an emerging wasteplan? If so, check if any sites have been nominated for waste uses or nominateyour site for waste use.

If you have a site which you think is suitable for an EfW facility:

check that your site complies with the policies in the adopted developmentplan; and

where there is an emerging plan (one which hasnt yet been adopted) makerepresentations to the Planning Authority that your site is available and suitablefor waste uses (use checklist below to help with the assessment).

4.2.3 Locationofnearbyutilitiesandgridconnectionpoint

Is there a suitable and viable substation/grid connection point nearby for exportto grid?

Are there any utility constraints that may restrict the construction or operationalelements of the proposed facility?

4.2.4 Locationofnearbypossibleheat/coolingcustomers

Is there a suitable customer nearby that could utilise either heat or cooling fromthe EfW process?

4.2.5 Landclassication/location

avoid greenbelt - otherwise you will need to demonstrate the very specialcircumstances for proposing inappropriate development in green belt land;

try to utilise previously developed land;

ideally locate within an industrial setting; and

try to identify the potential to co-locate with existing or planned wastemanagement facilities.

4.2.6 Locationofsensitivereceptors

Ideally the site should not be located within close proximity to:

residential properties;

school or colleges;

Areas of Outstanding Natural Beauty (AONBs);

national parks;

areas or sites of historic interest (e.g. listed buildings World Heritage Sites,Conservation Areas); and

areas of nature conservation interest, e.g., Sites of Special Scientic Interest(SSSI), Special Area for Conservation (SAC), Special Protection Area (SPA), LocalNature Reserve (LNR), National Nature Reserve (NNR), Biosphere Reserves orGlobal Geoparks etc.


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4.2.7 Othersitesensitivities

Sites should ideally not be located within:

an area liable to ooding;

an Air Quality Management Area (AQMA); and

a Ground Water Source Protection Zone (SPZ) 1 as dened by the Environmentagency.

Careful consideration should also be given to the following:

the impact of the development on aerodrome safeguarding areas depending onthe stack height of the facility;

the potential of the site to support protected species (ecology) and anyimplications that may have for the development; and

the potential impact of the proposed EfW on Special Protection Areas (SPA) andSpecial Areas of Conservation (SAC) located near the site. There would need to bea compelling case in the public interest if the proposed EfW is likely to harm theSPA or SAC through emissions to air and other impacts. It is advisable to review

the Air Pollution Information System information www.apis.ac.uk and contact theEnvironment Agency and Natural England on this matter.

igure 5 suiable sie lain fr an fW failiy


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5.0 c

5.1 Whatisduediligence?

Due diligence is a process often undertaken at a time of business acquisition,restructuring or major project development. The purpose of due diligence is to reviewthe prole of a company or project to understand any potential risks.

5.2 Whatdoesitinclude?

A due diligence audit is normally undertaken to gather information and evidence.This can include auditing different aspects across a company or project such asan assessment of liabilities, potential impact on value, environmental compliance,health and safety and technology.

5.3 Whyisituseful?

A due diligence audit can be used to act as a guarantee when undertaking a newproject. Financial institutions, insurance companies and business partners willwant information and evidence to demonstrate investment potential and understandliabilities.

igure 6 xamples f he differen audis ha an frm par f due diligene

Due

Dilligence

EnvironmentalAudit

TechnicalAudit

FinancialAudit

LegalAudit


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PLANNINGGuidance to explain the planning poce and how itaect eneg om wate development

1.0 Introduction

2.0 Theplanningsystem

3.0 Developmentplanledsystem

4.0 Changestotheplanningsystem

5.0 Design

6.0 Keystagesoftheplanningprocess

7.0 Health

8.0 Otherconsents


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1.0 tocto

Following the development of a business case and initial feasibility work, securingplanning permission is the next key step in the delivery of an EfW facility.

Understanding the planning process will help you develop a realistic projectprogramme taking account of:

time required to prepare a planning application;

the likely time taken for the planning authority to determine the application; and

the time required to seek discharge of pre-commencement style planningconditions which are needed before you can commence construction.

This guidance focuses on EfW planning proposals determined under the Town andCountry Planning regime for proposals with a power generation capacity of less than50MW1 .

A robust planning application prepared in parallel with an Environmental Permitapplication2 can be cost effective, assists in securing the necessary consents andminimises the risk of legal challenge to decisions made either by the planningauthority or the EA.

The planning system helps ensure that development takes place in a way whichbalances environmental, social and economic impacts in the public interest.

1.1 Planning-quickchecklist

Planning can seem a challenge but you can minimize costs and avoid project delaysby understanding the system and following some key steps:

Make sure your proposal is consistent with the adopted local development plan.

Establish the key planning considerations trafc increase, impact on natureconservation, landscape, local residents etc., and make sure these impactsare minimised as much as possible through good quality design of the proposal[Design Council website and BREEAM guidance].

Consult the planning authority and key statutory consultees, for instance:EA; Natural England; Design Council; Highways Agency.

If your site is in an area where a new development plan is being prepared, contactthe LPA, promote your site for inclusion in the development plan and makerepresentations to ensure that emerging policies support your proposal.

Consult local people The Localism Act has introduced a statutory requirementto consult on certain projects, available from the Communities and LocalGovernment Guidance It is advisable to discuss the approach to communityconsultation with the LPA.

Environmental Impact Assessment (EIA): in most cases an EIA is mandatory butyou should check with the planning authority at an early stage.

Allow enough time to prepare a comprehensive Planning Application: agreewith the planning authority the information required in support of the planningapplication to avoid delays at a later stage.

1Energyfacilitieswhichgenerateover50MWofenergyareconsiderednationallysignicantinfrastructureprojectsandwillbedeterminedbytheNationalInfrastructurePlanningUnit.2SeeWRAPguidanceonEnvironmentalPermittingRegulations
http://www.designcouncil.org.uk/http://www.breeam.org/page.jsp?id=235http://www.environment-agency.gov.uk/contactus/default.aspxhttp://www.naturalengland.org.uk/about_us/contact_us/http://www.designcouncil.org.uk/Contact-Us/http://www.highways.gov.uk/aboutus/2304.aspxhttp://www.communities.gov.uk/planningandbuilding/planningsystem/preapplicationconsultation/http://www.communities.gov.uk/planningandbuilding/planningsystem/preapplicationconsultation/http:///www.legislation.gov.uk/uksi/2011/1824/pdfs/uksi_20111824_en.pdfhttp:///www.legislation.gov.uk/uksi/2011/1824/pdfs/uksi_20111824_en.pdfhttp://www.communities.gov.uk/planningandbuilding/planningsystem/preapplicationconsultation/http://www.communities.gov.uk/planningandbuilding/planningsystem/preapplicationconsultation/http://www.highways.gov.uk/aboutus/2304.aspxhttp://www.designcouncil.org.uk/Contact-Us/http://www.naturalengland.org.uk/about_us/contact_us/http://www.environment-agency.gov.uk/contactus/default.aspxhttp://www.breeam.org/page.jsp?id=235http://www.designcouncil.org.uk/


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2.0 t P t

The planning system helps to ensure that development takes place in a way whichbalances environmental, social and economic impacts thereby securing sustainabledevelopment.

The core elements of the planning system are:

preparing development plans; and

managing the development itself.

These activities are mainly led and undertaken at the local authority level by theLPA. The LPA is responsible for deciding whether a proposed development should beallowed to go ahead. In areas where there are two tiers of local authority (county anddistrict councils), planning applications for waste development, including energy fromwaste facilities, should be made to the higher level (county council rather than districtor borough).

Where an LPA:

refuses planning permission;

attaches an unreasonable planning condition to a planning approval; or

delays decision-making beyond a statutory period (13 weeks for a non EIA typeproposal and 16 weeks for an EIA type development (See Section 6.2),

then applicants will have the right to appeal to the Secretary of State. Appeals are usuallyconsidered by a Planning Inspector who is appointed by the Secretary of State.

3.0 oPt P t

LPAs prepare development plans through consultation with local communities whichset the broad framework for acceptable development in their local area. CountyCouncil Waste Planning Authorities (WPA) will prepare waste core strategies anddevelopment plan documents which guide waste development in the larger countyareas. Unitary authorities will perform both roles. Development plans may allocatespecic sites for waste development and should provide guidance as to the type ofsites which are considered most suitable.

The planning system is a development plan led system. Planning applications have tobe decided in line with the development plan unless there are very good reasons notto (e.g. the plan is out of date or other material considerations should be given moreweight). Ensuring a planning proposal is consistent with up to date development planpolicies minimises the risk of planning delay or failure.

The Planning Advisory Service and Planning Portal websites provide guidance on theplan making process.
http://www.planningportal.gov.uk/planning/appeals/planninginspectoratehttp://www.pas.gov.uk/pas/core/page.do?pageId=108842http://www.planningportal.gov.uk/planning/planningsystem/localplanshttp://www.planningportal.gov.uk/planning/planningsystem/localplanshttp://www.pas.gov.uk/pas/core/page.do?pageId=108842http://www.planningportal.gov.uk/planning/appeals/planninginspectorate


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4.0 c to t P t

The Government introduced signicant changes to the planning system when theLocalism Act received Royal Assent in November 2011.

4.1 Whatisnew?

The Act makes a number of key changes to the planning system:

a statutory requirement for pre-application consultation;

neighbourhood planning;

allows councillors to discuss a planning proposal before it reaches the planningcommittee;

abolishes the Infrastructure Planning Commission which previously determinedapplications for energy facilities over 50 MW; and

abolishes the regional tier of planning policy. Regional Spatial Strategies will nolonger be part of the development plan.

4.2 NationalPlanningPolicyFramework

The Government has streamlined national planning guidance by the introduction ofthe National Planning Policy Framework (NPPF), which sets out the governmentsplanning policies for England. It replaces the previous Planning Policy Statements(PPSs)/Planning Policy Guidance Notes (PPGs).

The NPPF states that there is a presumption in favour of sustainable development,as well as containing general planning policies which will be relevant to energy fromwaste development, such as nature conservation, cultural heritage, climate changeetc.

Annex 1 of the NPPF explains how it should be implemented. It specically excludesdetailed waste policies as a national waste planning policy and will be publishedalongside the National Waste Management Plan for England. In the meantimePlanning Policy Statement (PPS) 10: Planning for waste management will remain therelevant national policy for waste.
http://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/http://www.planningportal.gov.uk/planning/planningpolicyandlegislation/currentenglishpolicyhttp://www.planningportal.gov.uk/planning/planningpolicyandlegislation/currentenglishpolicyhttp://www.communities.gov.uk/publications/planningandbuilding/planningpolicystatement10http://www.communities.gov.uk/publications/planningandbuilding/planningpolicystatement10http://www.planningportal.gov.uk/planning/planningpolicyandlegislation/currentenglishpolicyhttp://www.planningportal.gov.uk/planning/planningpolicyandlegislation/currentenglishpolicyhttp://www.communities.gov.uk/planningandbuilding/planningsystem/planningpolicy/


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5.0

Good design is now a core part of Government planning policy. When determiningplanning applications local authorities are required to consider design quality. Whereenergy from waste proposals involve new buildings or structures a Design and AccessStatement will need to be submitted along with the planning application.

Design is a process which should be a dening part of any project and will evolve as

the project develops. Good design balances the function, quality and impact of thefacility. Further detailed guidance is provided in Designing Waste Facilities- a guide tomodern design in waste.

Good quality design which incorporates sustainability principles can minimiseplanning delay, particularly if the location for the EfW facility is located in a visibleand/or sensitive location.

The design needs to be appropriate for the particular site and location. Someplanning authorities will have design guidance for planning proposals this can bechecked during pre-application discussions with the relevant authority.

Achieving sustainable design of waste facilities is an important part of the design

process. Many local authorities now require sustainability to be considered in planningapplications. The Building Research Establishments Environmental AssessmentMethod (BREEAM) is a recognised process to guide the design and assess the facilitysperformance in terms of environmental sustainability. Some Local Authorities may havepolicies requiring developments to achieve a certain BREEAM rating.

Further information is available on the BREEAM website:http://www.breeam.org

Guidance on preparing Design and Access Statements is provided in:Circular 01/2006 Guidance on changes to the development control system:http://communities.gov.uk/documents/planningandbuilding/pdf/144854.pdf

Design and Access Statements - How to read, write and use them CABE 2006:http:/www.cabe.org.uk/publications/design-and-access-statements
http://archive.defra.gov.uk/environment/waste/localauth/documents/designing-waste-facilities-guide.pdfhttp://archive.defra.gov.uk/environment/waste/localauth/documents/designing-waste-facilities-guide.pdfhttp://archive.defra.gov.uk/environment/waste/localauth/documents/designing-waste-facilities-guide.pdfhttp://archive.defra.gov.uk/environment/waste/localauth/documents/designing-waste-facilities-guide.pdf


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6.0 K t o t P Poc

The Planning Portal www.planningportal.gov.uk provides detailed informationon the planning process and allows applications to be submitted online.

It is advisable to develop a realistic planning programme, preferably at the feasibilitystage of the project. The period for preparing and determining a planning applicationcan vary signicantly according to the level of complexity of the proposal. For

example a development requiring an EIA requires a longer period of time for theplanning application to be prepared.

Other key factors which will impact on planning programmes include carrying outecology surveys in the appropriate season or gathering bespoke air quality datawhich can be required for EfW projects, particularly if the application site is nearsensitive ecology sites.

Initiate

pre-application

discussions

with

Planning

Authority

Conrmif

Environmental

Impact

Assesmentis

required

Prepare

Planning

Appplication

Submit

Planning

Appplication

Local

Authority

ConsultationSignoff

legal

agreements

ifapplicable

Issueof

Decision

Notice

Discharge

ofpre

commencement

conditions

Consult

the

community

Consult

theLocal

Authority

igure 1- Key ages f he Planning Press


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6.1 Initiatepre-applicationdiscussions

At the outset, proposals should be discussed with the relevant LPA prior tosubmitting the planning application. The LPA will be able to provide advice on therequirements for the planning applications including the forms, certicates, plansand supporting information which is required to be submitted with the application.

They should also be able to advise on any key planning issues which are relevant tothe proposed site for the development, and also provide advice on consulting with thelocal community and stakeholders prior to the application being submitted, which isnow a legal requirement for certain proposals. All LPAs should be happy to engagein pre-application discussions. However, it is now becoming common for planningauthorities to charge for this service. It is advisable to check relevant websites or callthe authority planning reception for assistance on this matter.

For proposals in London with a waste capacity over 50,000 tonnes per annum it wouldbe advisable to also consult the Greater London Authority (GLA). The GLA providespre-application advice to developers although there is a charge for this service.

6.2 ConrmwhetheranEnvironmentalImpactAssessment(EIA)isrequired.

Certain waste proposals will require an EIA to be carried out. Essentially there aretwo categories of development for the purposes of EIA:

Schedule 1 developments are those where an EIA is always required. This would

include incineration of hazardous waste or incineration of more than 100 tonnesper day of non-hazardous waste; and

Schedule 2 developments may require an EIA if they fall above certainthresholds and are likely to have a signicant effect. This would includedevelopment which involves incineration (other than that specied in schedule 1above) or exceeds 0.5 ha or is in a sensitive area e.g. a National Park or Area ofOutstanding Natural Beauty (AONB). Guidance states that an EIA is less likely tobe required on waste facilities with a capacity under 50,000 tonnes per annum.The developer can submit a screening opinion request in order to conrmwhether an EIA would be required.

The EIA Regulations require an EIA to be submitted in support of a proposal whichis likely to have potential signicant impacts on the environment. A waste proposal

could have transport, ecology, air quality, noise, archaeology, ground condition,landscape/visual and ood risk impacts. Where considered signicant these willneed to be assessed, with assessments submitted with the planning application toallow the LPA to consider the potential impacts.

If no EIA is needed then supporting information may still be required, such as atransport assessment and ecology surveys.

It should be noted that the proposed connection of the EfW facility to allow electricityor heat off-take does not need to form part of the planning application. However,if the proposal is an EIA type development, any environmental impacts of thetransmission line must be assessed separately.
http://www.london.gov.uk/priorities/planning/strategic-planning-applications/pre-planning-application-meeting-servicehttp://www.london.gov.uk/priorities/planning/strategic-planning-applications/pre-planning-application-meeting-servicehttp://www.london.gov.uk/priorities/planning/strategic-planning-applications/pre-planning-application-meeting-servicehttp://www.london.gov.uk/priorities/planning/strategic-planning-applications/pre-planning-application-meeting-service


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6.3 Undertakepre-applicationconsultationwiththelocalcommunity

EfW proposals can be controversial and cause delays during the planning phase.Local communities can be concerned about a number of issues including:

increased trafc;

visual impact; noise generation; and

dust and odour.

Effective communication with the local community and other stakeholders can helpsignicantly reduce the risk of a planning application being refused and is now a legalrequirement of the planning process for certain proposals.

It is important to consider consultation early in the process in discussion with theLPA. They may have ideas about who should be consulted and how best to carry outthe consultation. Most authorities will have a Statement of Community Involvement(SCI) which will set out guidance on pre-application consultation for developers.

There a number of key points to consider:

evelp a nsulain plan: At the outset it is useful to put together aconsultation plan which sets out what you are trying to achieve, who should beconsulted, when and how.

eiding wh nsul: Different people and organisations will have differing

interests in the proposals. In the case of neighbours to the scheme and Parish/Town Councils it can help build trust if they are made aware of the proposalsearly in the process.

eiding hw and when nsul: The timing and method of consultation needsto be appropriate for the audience. It is advisable to give careful consideration tothe way the consultation is carried out, the timing and venue for any events.

eedbak: It is important to show that you are listening to the local community.Consultation feedback will need to be analysed and results communicated backto those involved. Showing how you have taken account of comments and madechanges if possible can be very helpful.

anaging expeains: The local community may have their own view of whatthey can achieve from the consultation process. It is important to manage

expectations and be clear about how they can input into the scheme; and

epring: Most authorities will require a statement to be submitted with theplanning application detailing what pre-application consultation has been carriedout and with whom. The results should therefore be written up and submitted assupporting information to the application.

The government provides guidance on consultation good practice.
http://www.communities.gov.uk/publications/planningandbuilding/preapplicationguidehttp://www.communities.gov.uk/publications/planningandbuilding/preapplicationguide


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6.4 Submittingaplanningapplication

LPAs encourage planning applications to be submitted electronically via the PlanningPortal www.planningportal.gov.uk

A planning application fee will be payable to the LPA on submission of the application.

The fees will vary according to the type of application made. Guidance can be found atthe Planning Portal:

When the application is submitted the LPA will go through the process of validatingthe applications. This involves checking the forms, plans and the planning fee tomake sure the application is complete and valid. If there are any problems theapplication is unlikely to progress until the necessary details have been received. Ifthe application is complete it is conrmed as valid and formally registered, given areference number and an acknowledgement letter is sent out.

6.5 Localauthorityconsultation,planningdecision&rightofappeal

The application is then advertised and internal/external consultations are carriedout by the planning authority. The Town and Country Planning (DevelopmentManagement Procedure) Order 2010 sets out the requirements to publicise andconsult on planning applications. The statutory period for consultation is 21 days. Theapplication is also made publically available, and occupiers of properties immediatelyadjacent to the site should be notied, giving them the opportunity to comment(if they wish). Any written comments received from the public or consultees areavailable for anyone to see via the authority.

Energy from waste proposals are classed as a major development and shouldtherefore be determined within 13 weeks or 16 weeks if an EIA is required. It is notunusual for these statutory periods to be exceeded.

6.6 CommunityInfrastructureLevy

The Community Infrastructure Levy (CIL) allows local authorities in England and

Wales to raise funds from developers undertaking new build projects in theirarea. The money can be used to fund a wide range of infrastructure that is neededas a result of the development. This includes new roads or safer road schemes,ood defences, schools, hospitals and other health and social care facilities, parkimprovements, green spaces, leisure centres, etc.

More information about the CIL can be found via the Department for Communitiesand Local Government.
http://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdfhttp://www.communities.gov.uk/documents/planningandbuilding/pdf/1897278.pdf


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6.7 Planningapplicationdecision

A decision notice will be issued by the LPA to either approve or refuse the applicationwhich details the reason for the decision. Where permission is granted the decisionnotice will include a list of conditions with which the developer must comply. In thecase of a refusal, the decision notice will include reasons for refusal.

It is possible to appeal against a refusal or an unreasonable condition within 6months of the decision notice being issued. The appeal process is dealt with by thePlanning Inspectorate. Guidance on the appeal system can be found at the PlanningPortal.

You should be aware that planning decisions can be challenged by judicial review.For a challenge to be successful the court would need to be satised that the localauthority, Planning Inspector or Secretary of State had made an error in law e.g.misinterpreting or misapplying a policy, or failing to take account of an importantconsideration.

The risk of judicial review can be reduced by ensuring that the planning application

is prepared in line with advice received from the planning authority and statutoryconsultees. It may also be benecial to have the planning application and EIAdocuments reviewed by a legal adviser to ensure they are legally robust.

6.8 Dischargeofpre-commencementplanningconditions

Conditions can be attached to planning permissions which are considered necessary,reasonable, enforceable and relevant to the development permitted. The LPA mustgive reasons when attaching conditions to consent.

These could be pre-commencement conditions which require additional informationto be submitted. Conditions should not be imposed which duplicate other regulatorycontrols, for example environmental permitting. LPAs do however sometimes imposeconditions which duplicate those covered by the Environmental Permit e.g. coveringdetails of odour or litter management.
http://www.planningportal.gov.uk/uploads/pins/procedural_guidance_planning_appeals.pdfhttp://www.planningportal.gov.uk/uploads/pins/procedural_guidance_planning_appeals.pdfhttp://www.planningportal.gov.uk/uploads/pins/procedural_guidance_planning_appeals.pdfhttp://www.planningportal.gov.uk/uploads/pins/procedural_guidance_planning_appeals.pdf


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7.0 t

Health impacts are frequently cited in connection with proposals for EfW facilities,with the key health concern being the potential risk from emissions to air. Healthprotection is an inherent feature during the design, assessment and permitting ofsuch facilities, and subject to the most stringent of environmental standards.

The Health Protection Agency (HPA) provides advice on the potential impacts of EfW

facilities to government agencies and departments, public health professionals andmembers of the public. They conclude that:

while it is not possible to rule out adverse health effects from modern, wellregulated municipal waste incinerators3with complete certainty, any potentialdamage to the health of those living close-by is likely to be very small, ifdetectable.

Modern EfW plant have a negligible impact on ambient air quality, and operate toenvironmental standards4 that signicantly reduce potential risks to health.

7.1 Planning,permittingandhealth

Health protection is an inherent feature of the design, assessment and permittingof EfW facilities. A key issue is the sheer weight of technical information produced,and the ability for the lay person to effectively navigate and comprehend it. As anexample, due to the complex multidisciplinary nature of health, it is typically notcovered under a single heading within Environmental Statements (ESs), but coveredby each technical discipline (i.e. air quality, noise and vibration, transport, socio-economics, water, etc.) to standards set to protect both the environment and humanhealth. Health Impact Assessments (HIA), although not a regulatory requirement tothe UK planning process, are increasingly commissioned to help address this issue.These draw out, signpost and build upon technical assessment outputs to moreeffectively convey health matters to key stakeholders and communities alike.

In order to operate, EfW facilities require a permit that is issued by the EA. The EAconsiders permit applications through comparing the data for a proposed facility withthe strict emission limits set out in the EU Waste Incineration Directive (2000/76/EC). This includes key pollutants such as nitrogen dioxide, sulphur dioxide, dioxins

and total dust (including PM10s), the limits for which have been set to protect boththe environment and human health. Should a permit be granted then subsequentmonitoring reports must be provided to the EA to ensure ongoing compliance.

Community health protection is therefore an underlying design feature for suchfacilities, enforced through both the regulatory planning and permitting process,and monitored by the Environment Agency.

1TheHPApositionstatementadoptsagenericEfWtermtocoverallresidualwasterecoveryfacilities.2SeeWRAPguidanceonWID


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8.0 ot cot

Depending on the chosen site location and its surroundings, various licences mayneed to be applied for or considered. Some of the consents, if required, can take aconsiderable time to obtain or implement. Such as:

protected species licences;

grid connection consent;

building control consent; and environmental permit.

8.1 Protectedspecieslicences

A licence is required by anyone who wishes to carry out an activity prohibited underwildlife legislation. Examples which may affect a development include:

licences to carry out surveys or conservation work;

licences to disturb or damage the habitat of certain strictly protectedspecies; and

licences to possess or keep certain wildlife.

There are different types of licences for a developer, depending on the activityinvolved and level of risk to a particular protected species. The licences that needto be applied for relating to developers and commercial companies are listed on theNatural England website.

8.2 Gridconnectionconsent

The connection application is the rst step of the regulated process to gain aconnection agreement. The connection application results in a Distribution NetworkOperator (DNO) offer of terms for connection. DNOs are obliged under their licenceconditions to process a connection application and issue a formal connection offerwithin 65 working days.

8.3 Buildingcontrolconsent

The building regulations apply to most building work, therefore it is important toknow when approval is needed.

The responsibility for checking that the Building Regulations are met falls to

Building Control Bodies (BCBs) - either from the local authority or the privatesector as an Approved Inspector. If you choose to use an approved inspector thenyou should jointly notify the local authority that the approved inspector is carryingout the building control function for the work. This notication is called an InitialNotice. If you choose to use a local authority, the procedures are set out in theBuilding Regulations. Some of them relate to pre-site procedures and others relateto procedures once work is underway on site. Further information is available at thePlanning Portal website.

8.4 EnvironmentalPermit(EP)

An EP must be secured from the EA in order to operate an EfW facility in England

and Wales. See WRAP guidance on Environmental Permitting Regulations for moredetail.
http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/appexamples.aspx#3http://www.planningportal.gov.uk/buildingregulations/http://www.planningportal.gov.uk/buildingregulations/http://www.naturalengland.org.uk/ourwork/regulation/wildlife/licences/appexamples.aspx#3


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ENVIrONMENTALPErMITTINGEnvionmental Pemit (EP) ae equied to opeatean eneg om wate acilit within England and Wale.

1.0 EnvironmentalPermitting

2.0 Wasteinputs

3.0 Processcontrol

4.0 Emissionstotheenvironment

5.0 Managementandperformancemonitoringofthefacility

6.0 Commissioningandoperation

7.0 Furtherinformation


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1.0 ot Ptt

Environmental Permits (EP) are required to operate an energy from waste (EfW)facility within England and Wales1.

They are the overarching mechanism for regulating EfW facilities and are issuedby the Environment Agency (EA) or the facilitys Local Authority (LA). The facilityregulator, and therefore the issuing authority, will depend upon the scale of the

proposed facility and where the activity sits within the connes of the EnvironmentalPermitting (England and Wales) Regulations (EPR) 2010. Generally, facilitiesaccepting waste as a fuel and with a capacity in excess of 1 tonne per hour will beregulated by the EA, and anything less than this by the LA.

For consistency, the term Regulating Authority is used within this guidance note tomean both the EA and LA where relevant.

If you are considering operating an EfW facility you will need to consult with theappropriate regulator on the scope and extent of the EP you will require. Theappropriate regulator will require a considerable amount of information about theactivity you are proposing to carry out in order to grant an EP. This guidance setsout some of that information and the process you must undergo to achieve one. The

Regulating Authority requires a considerable amount of information about the activityyou are proposing to carry out in order to grant an EP.

For consistency, this document makes reference to combustion and combustionconditions when describing the process under which waste is thermally degraded,with or without the presence of oxygen, or to generate gases that are subsequentlyprocessed to generate energy. It is recognised that not all thermal treatmentprocesses are combustion. However, to ensure consistency with Environment AgencyTechnical Guidance Notes, which also make the above distinction, combustion andcombustion conditions are used when referencing the thermal breakdown of wasteand the design conditions which lead to the thermal breakdown of such wastes.

1.1 WhatisanEnvironmentalPermit?

An EP is a permit to operate a facility governed by the requirements of theEnvironmental Permitting (England and Wales) Regulations 2010 (EPR). Theregulations cover a range of types of facilities including waste management facilitiessuch as recycling and recovery facilities and EfW.

The EPR were introduced into UK law within England and Wales in 2007 andcombined the Pollution Prevention and Control Regulations and the WasteManagement Licensing Regulations, thereby introducing one environmentalregulation system that covers all aspects of environmental regulation. In 2010 theEPR were further updated to include water discharges and groundwater activities,radioactive substances and provisions for a number of other Directives such as theMining Waste Directive.

The principal aims of the EPR are to:

bring Environmental Regulation across England and Wales onto a level playingeld;

provide protection for the environment by controlling and regulating pollutioncontrol and emissions to air, water and land; and

emphasise the polluter pays mechanism by making operators liable for thecondition of the land on which they operate.

The EPR introduced a tiered approach to environmental regulation based on thepotential risk to the environment of the proposed activities. Authorisations can be inthe form of registered exemptions; standard rules EPs and bespoke EPs. Exemptionscover those activities at the lowest risk end of the spectrum while bespoke EPs willcover higher risk activities - see Section 7 for further information on permit levels.

All EfW activities require an EP so operators will need to apply to the relevantRegulating Authority for an appropriate authorisation2. The permit will have

conditions which must be followed to prevent business activities from harming theenvironment or human health.

1EPsareissuedinScotlandexclusivelybySEPAandinNorthernIrelandbyNIEA.2ApplytotheEAviahttp://www.environment-agency.gov.uk/business/topics/permitting/32318.aspxorcontactyourLocalAuthority.FuelusageofoveronetonneperhourwillrequireanEApermit,lessthan1tonneperhouranLApermit.


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1.2 WhataretheEnvironmentalPermitting(EnglandandWales)Regulations2010?

The EPR 2007 brought into force the rst phase of the Environment Agencysenvironmental permitting system and established a common permitting programme.The EPR 2010 brought into force the bulk of the second phase of environmentalpermitting and extended this common permitting system to cover a wider range of

permitted activities and exemptions3.

1.3 WhoneedsanEnvironmentalPermit?

You must have an EP if your business carries out any activity or operation that iscovered by the term Regulated Facility within the context of the EPR. This includes a llEfW facilities, but in addition:

any waste operation, including waste activities which are technically linked andcould include the treatment and storage of waste, e.g. MRF or waste derived fuelprocesser;

a mobile plant used to carry out a waste operation;

a water discharge activity; or a groundwater activity.

1.4 WhocanapplyforanEnvironmentalPermit?

The person /organisation in charge of the day to day operation of the facility will bethe Operator and therefore will be the person required to apply for the EP(see footnote 2 re: how to apply for a permit).

3EnvironmentalPermittingnowgovernstheregulationoffacilitiesthatwerepreviouslyregulatedunderthePollutionPreventionandControlRegulations2000,theWasteManagementLicensingRegulations1994&itsassociatedWasteExemptionsScheme,thedischargeconsentingrequirementsoftheWaterResourcesAct1991,theRadioactiveSubstancesAct1993andtheGroundwaterRegulations2009.


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2.0 Wt Pt

2.1 Whatcontrolscanapermitsetwithregardstowasteinputs?

EPs set controls on the operation of a facility with regards to the throughput, storageand types of wastes that can be accepted.

Varying levels of control apply to EfW with regards to the nature of the waste

proposed to be utilised as the plant fuel. Facilities can accept both hazardous andnon-hazardous waste. However, it is common practice for facilities to be dedicatedto one or the other and given that this guidance is aimed at non-hazardous facilities,further consideration of hazardous waste facilities is not provided herein.

The major controlling factor on the acceptability of fuel types at an EfW facility is theability of the fuel to meet the design criteria for the facility and therefore provide theappropriate technical, economic and environmental fuel mix for the plant4. As part ofthe EP application process operators will be required to provide detailed calculationsabout the net caloric value and chemical composition of the proposed fuel.

2.2 WhatwasteistypicallyacceptableatEfWfacilities?

The typical waste stream for most current EfW facilities is residual waste, whichis that fraction remaining following the removal of recyclables, either by sourcesegregation or separation at a treatment facility, such as a MRF.

Typically, the waste is generated by the municipal sector for large scale, localauthority contracted facilities, topped up with wastes from the commercial andindustrial sectors of a similar nature (i.e. ofce waste).

The EP application needs to include a list of proposed waste for acceptance at thefacility based on the European Waste Catalogue (EWC) code list of wastes.

Smaller scale facilities that do not have the capacity to manage large local authoritycontracts are generally operated utilising commercial and industrial wastes ofa similar nature to household wastes, with some facilities aimed specically atindividual waste types (e.g. waste biomass).

4SeeforthcomingWRAPAclassicationsystemtodenethequalityofwastederivedfuels.

WRAP EfW DEVELOPMENT GUIDANCE S t b 2012


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3.1 Whatareprocesscontrols?

Within your EP application you will be required to provide a full description of theproposed process that will be carried out at the facility. This will include details ofeach of the controls to be in place to manage and mitigate the activities on site i.e.how the ow of waste through the process is controlled to ensure that completecombustion5 of the waste stream is achieved and how the fuel is regularised toensure a homogenous blend of waste types for caloric value consolidation.

Your EP will set limits for emissions to air, land and water, where relevant. In orderto set suitable limits it is essential that the proposed process to be adopted isunderstood and assessed to provide a full understanding of the potential impacts ofthe process.

If such identied impacts are considered unacceptable then the Relevant Authoritymay require further process controls/evidence of process controls.

When dening process controls, operators are required to take into account technicalcompliance standards for their sector as laid out in the European BAT Reference

Documents6 (BREFs). These documents set out the accepted/proven methodologiesfor pollution control in accordance with the principals of Best Available Techniques(BAT), as dened by:

best means the most effective techniques for achieving a high level ofprotection of the environment as a whole;

available means techniques developed on a scale which allows them to beused in the relevant industrial sector, under economically and technically viableconditions, taking into account the costs and advantages; and

techniques includes both the technology and the way the installation isdesigned, built, maintained, operated and decommissioned.

From the start of the application process, through the commissioning phase andthroughout operation the operator will need to consider the most appropriate BATprocess controls for their facility.

3.2 Useofrawmaterialsonsite

As part of your EP conditions you will be required to keep a record of the rawmaterials stored and used on site to demonstrate that you are complying withappropriate legislation and have adequate risk mitigation measures in place tomanage such materials.

3.3 Interactionswithotherlegislation

Where EfW facilities accept waste classied as animal by-products, they are requiredto also gain approval under the Animal By-Products Regulations 2011 (ABPR).

EfW facilities that only process animal carcasses, or parts of carcasses are exemptfrom the WID and are instead regulated by the ABPR. However, plants which processother types of ABP, such as former foodstuffs, catering waste and manure must beauthorised under the Waste Incineration Directive (WID)7.

If more than 1 tonne per hour of ABP is processed, approval is via the EA in England- less than 1 tonne per hour would require approval through the LA.

5SeeAppendix1forEnvironmentAgencyTechnicalGuidanceNotedenitionofcombustion.6EuropeanCommissionJointResearchCentre:http://eippcb.jrc.es/reference

7SeeWRAPguidanceonWID.

WRAP EfW DEVELOPMENT GUIDANCE S t b 2012


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