Non-waste anaerobic digestion of more than 100 tonnes per day
This activity applies to the anaerobic digestion of non-waste materials and associated feedstock and digestate handling and storage.
Anaerobic digestion of non-waste materials is a new regulated activity made law in the Environment Authorisations (Scotland) Regulations 2018 (EASR). This activity has a ‘sunrise date’ of 1 April 2028; this means that it will not be regulated by SEPA until this date. Digestate and containment requirements as per Schedule 9 of EASR must still be adhered to and more information on how and when to apply will be provided prior to the new activity being regulated.
We will publish updated and new guidance documents to account for the changes in waste and non-waste anaerobic digestion. The guidance states that digestate produced using only non-waste materials (e.g. energy crops grown specifically for anaerobic digestion) when used directly on agricultural land will not be regulated as waste.
This activity is found in Schedule 26 Part 3 Paragraph 69 of the Environmental Authorisations (Scotland) Regulations.
Authorisation level
Permit
Public consultation
We may publicly consult on applications that, due to their nature or location, have higher likelihood of environmental impact and community impact. For this activity we will publicly consult on your application.
Read more about public participation and engagement
Fit and Proper Person tests
Fit and Proper Person tests apply to this activity. You will be asked in your application if you have any relevant convictions held by you or any additional persons.
Read more about Fit and Proper Person tests
Permit conditions
Permits may contain both standard conditions and conditions specific to the activity and location. The conditions of your permit will be decided when we assess your application. This is to ensure that the appropriate limits and controls are in place to minimise pollution and protect the environment.
If you carry out an activity under a permit authorisation you must comply with the conditions set out in your authorisation. It is an offence if you do not comply with the conditions.
SEPA will not authorise this activity if it poses an unacceptable risk to the environment.
Fees and charges
An application fee applies to the application for a new authorisation for this activity.
An annual activity fee applies to this activity. Read our charging information for further information on annual activity fees.
Information on the application fees to transfer, vary or surrender a permit that authorises this activity, is in our charging information.
How to apply
It is not possible to apply for this activity at this time.
The new digital application service for this activity will be launched in April 2028. Information on how to apply for this activity will be shared here ahead of the launch.
Help and guidance
- Glossary of terms
- Non-waste anaerobic digestion specific guidance is not currently available but it will be published before 1 April 2028 ahead of applicants being able to apply for this regulated activity.
- IND-G-019: A practical guide for Schedules 20 & 26 EASR Permit-level Industrial Activities
- IND-G-012: SEPA Guidance on content and scope of site reports and baseline reports
- IND-G-013: Soil and Groundwater Monitoring Technical Guidance for Schedule 20 Installations (except landfills) and relevant permit-level Schedule 26 activities
- Noise and vibration management: environmental permits
- IND-G-010: Noise emissions from vehicle reversing alarms
- IND-G-011: SEPA Odour guidance
- IND-T-001: Systematic assessment of resource use and efficiency template
- IND-G-014: Systematic Assessment of resource use and efficiency in EASR permits
- IND-G-017: Capacity & Threshold Guidance for EASR Industrial emissions and Other Emission Activities
- IND-G-020: Identifying a substantial change for Industrial Activities
- IND-G-016: Guidance on appraising derogations from BAT-AELs for Schedule 20 emission activities
- Air Emissions Risk Assessment for Environmental Permits
You might also need
- WAS-G-DEF-07: End of waste criteria for digestate
- BAT Reference document for Waste Treatment
- Non-waste anaerobic digestion of less than 100 tonnes per day
- Anaerobic digestion of biowaste
- Other anaerobic digestion (non-IED)
- Medium combustion plant – if you are operating your own boiler, engine or generator (including back-up/stand by) for the production of heat or power
- Scottish Pollutant Release Inventory (SPRI)