Paragraph 5 - Burning waste as a fuel in an appliance & recovery of fuel from waste vegetable oils

What the legislation says:

5. —(1) Burning waste as a fuel in an appliance if the appliance has a net rated thermal input of less than 0.4 megawatts or, where the appliance is used together with (whether or not it is operated simultaneously with) other appliances, the aggregate net rated thermal input of all the appliances is less than 0.4 megawatts.

(2) The secure storage of waste intended to be submitted to such burning.

(3) In this paragraph, "net rated thermal input" means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.

(4) The recovery, from waste vegetable oils (within category 20 01 25 of the European Waste Catalogue), of fuel for use in an engine of an aircraft, hovercraft, mechanically propelled vehicle, railway locomotive, ship or other vessel, or in appliances described in sub paragraph (1).

(5) The secure storage of–

(a) such waste vegetable oil prior to the carrying out of the fuel recovery process, and

(b) waste produced by the fuel recovery process.

(6) Sub paragraph (4) or, as the case may be, (5) applies only where–

(a) the fuel recovery process is conducted in equipment manufactured for this purpose;

(b) the total quantity of waste (including waste produced by the fuel recovery process) stored at any one time does not exceed 23,000 litres;

(d) waste produced by the fuel recovery process is stored at the place where it is produced;

(e) accurate records (including information about sources, volumes and destinations) are maintained by the holder and processor of both the waste vegetable oil and the recovered fuel; and

(f) the fuel recovery process is not carried out for commercial purposes on an industrial scale, and in any case no more than 200 tonnes of recovered fuel is produced by the fuel recovery process in any calendar year.

What this means:

Paragraph 5 (1) permits wastes to be used as a fuel in an appliance or appliances that are exempt appliances under the Pollution Prevention and Control (Scotland) Regulations 2000.

Paragraph 5 (2) allows storage of the wastes that are to be used as a fuel.

Paragraph 5 (3) explains the method of calculating the net rated thermal input of the appliance or appliances.

Registration Requirements:

Needs to be registered with SEPA but no fee is required. This exemption can be registered online. However, establishments and undertakings can still use the paper form should they wish. This form should be sent to the Registrar at your local SEPA area office (addresses are given on the form)

The following questions and answers are provided to help you further understand this exemption:

Q. How long will the registration last? Will it require renewal at any time?
A. The registration of this exemption is not time limited but it can be de-registered by SEPA if it is not managed properly and no longer fulfills the criteria requirements of the exemption or if the activities cause pollution or harm to health. If the activity does comply with the exemption criteria the registration will not have to be renewed except where there is a significant change to the activity.

Q. What can you do?
A. You can use waste to generate heat or power in an appliance or appliances that have a net rated thermal input of less than 0.4 megawatts (400kW). If two or more appliances are used together, the total thermal input of the appliances combined must still be below 0.4 megawatts to qualify for the exemption.

Q. What wastes can you use?
A. You can burn any non hazardous wastes except tyres but to qualify for the exemption you must also make sure that the waste burns cleanly and does not pollute or cause a nuisance.

Q. Can I clear the waste from a site and burn waste in a metal container such as a skip to dispose of it?
A. No, a Paragraph 5 exemption applies to the burning of waste as a fuel and not for disposal and to an appliance that is designed for that purpose. Burning of a limited amount of wood, bark and plant matter is permitted under the Paragraph 30 exemption. You may wish to check if this exemption covers the activity that you wish to undertake. Paragraph 5 (2)

Q. What can you do?
A. You can store the waste that will be fed into the appliance.

Q. Where can you store it?
A. In the place or places that you identified when you registered the exemption. The storage must be secure so that waste cannot escape and access to it is controlled. Paragraph 5 (3)

Q. What is meant by ‘the net rated thermal input?’
A. The net rated thermal input is the maximum rate at which fuel can be burned continuously in an appliance. The rate is calculated by multiplying the calorific values of the waste by the maximum rated input of the appliance.

Examples of activities that are not suitable for registration under the Paragraph 5 (1)(2)(3) exemption:

A waste transfer station separates out combustible wastes and burns them in a small skip - The burning of waste for disposal is not permitted by this exemption.
A Company stores waste tyres, which it shreds and feeds into an appliance as a fuel source - The burning of tyres would not be suitable for a Paragraph 5 exemption as it is specifically covered by the other legislation. The activity is likely to require a permit.

Examples of activities that are suitable for registration under the Paragraph 5 (1)(2)(3) exemption:

Company burns confidential, paper waste in an appliance that also provides hot water for a building - The burning of the waste is permitted under the Paragraph 5 exemption.