Register the waste exemption T19?

[willbuild]

Yes you need to register.
I have a 15 digit number issued by the ea

[Keef]

Just to throw a spanner in the works, I've got an EA inspection due next week so I've been doing a bit of research and came up with this from a 2011 EA regulatory position statement taken from here

http://www.catagle.com/40-3/MWRP_RPS_030_v2_1_biodiesel_Feb_2011.htm

Other circumstances
Please note that where biodiesel is used as an automotive fuel or as a heating fuel in a
domestic situation, its use would not be subject to the Environmental Permitting Regulations
whether the biodiesel complies with the Quality Protocol or not. (Environmental Permitting (England and Wales) Regulations 2010, Schedule 1, Part 1, Paragraph 3.)


and this is the para referred to taken from page 53 of this document

http://www.legislation.gov.uk/uksi/2010/675/pdfs/uksi_20100675_en.pdf

Application of activities falling within Sections 1.1 to 6.9 of Part 2
3. An activity is not to be taken to be an activity falling within Sections 1.1 to 6.9 of Part 2 of
this Schedule if it is—
(a) carried on in a working museum to demonstrate an industrial activity of historic interest;
(b) carried on for educational purposes in a school as defined in section 4(1) of the Education
Act 1996(a);
(c) carried on at an installation or by means of Part A mobile plant or Part B mobile plant
solely used for research, development and testing of new products and processes;
(d) the running on or within an aircraft, hovercraft, mechanically propelled road vehicle,
railway locomotive or ship or other vessel of an engine which propels or provides
electricity for it;
(e) the running of an engine in order to test it before it is installed or in the course of its
development; or
(f) carried on as a domestic activity in connection with a private dwelling.

[Julian]

Keith, have you got links to the document?

Googling finds stuff on sewerage and a draft pdf with suggested deletions and additions.

The regulations are getting so complicated these days.  I tried following Julians links on the Government site when he first posted.   Following links to register just kept linking backwards to the same page.

Now Julian's link  http://www.environment-agency.gov.uk/business/topics/permitting/115492.aspx  takes you to a page on depositing waste from dredging operations for some obscure reason.

I'm sure we'd all like to operate within the regulations, but the authorities certainly don't  make it easy to do so.

We have instances in the past where brewers have been given incorrect information by visiting EA personell, so it's little wonder there's confusion.

[Julian]

The t19 document Julianf linked to is now here ...

https://www.gov.uk/waste-exemption-t19-physical-and-chemical-treatment-of-waste-edible-oil-and-fat-to-produce-biodiesel

[Keef]

I've updated my post to include the links.

As the second document is a Statutory Instrument, it seems pretty clear cut to me.

Which in turn means that in these instances, bunding regulations are recommendations only.

[Julian]

On the t19 page there's a link "Register an exemption" ... https://www.gov.uk/waste-exemption-t19-physical-and-chemical-treatment-of-waste-edible-oil-and-fat-to-produce-biodiesel



That takes you to a page "2 Environmental permit: how to apply"

On this page, item 1 reads ... Before you apply, check if you need an environmental permit or exemption.



The text links to this page ...  "Check if you need an environmental permit"

Which commences ...

1. Overview
You might need an environmental permit if your business manages or produces waste or emissions that pollute the air, water or land.

clicking "3. Exemptions" you arrive at this page ... https://www.gov.uk/environmental-permit-check-if-you-need-one/exemptions

Which commenses ...

3. Exemptions
You may be able to get an exemption if your business activities are considered to be easily controlled and only create low risks of pollution, eg burning waste as a fuel in a small appliance and treating (‘recovering’) scrap metal for reuse.

Both the above two quotes refer solely to business, not private individuals or domestic properties, so I'd be of an opinion that this doesn't apply to the likes of us.
 

[Julian]

I've updated my post to include the links.

As the second document is a Statutory Instrument, it seems pretty clear cut to me.

Which in turn means that in these instances, bunding regulations are recommendations only.

Providing all the information we're looking at is extant, item f) from your extract ties in quite neatly with the fact that only business operations are referred to in the various web pages to which I linked.

[Keef]

The 2010 Statutory Instrument has been updated eight times up to 2014 and I've checked them all (what a waste of life!).

There seems to be no update that effects us as domestic brewers so to my mind we remain exempt from U5 and T19 registration.

[Soft top]

Things may have changed since, but in March 2011 when I decided to start brewing bio I tried to research the regulations and found it very confusing (like others have), so I rang the E.A. and asked if I need to register and can someone please explain things to me in easy to understand plain English.
Below is the E mail they then sent to me......

Dear Allen

http://www.environment-agency.gov.uk/business/topics/permitting/116312.aspx

If a private individual intends to make bio diesel for their own personal use they don't need an exemption or an environmental permit for the activity. However, they do need to ensure that they comply with the key conditions of the exemptions relating to bio diesel production.

T19 exemption - physical treatment of waste edible oil and fat to produce bio diesel


U5 exemption - use of waste-derived bio diesel as fuel
A waste carriers licence is not needed when any waste oil or fat is collected if the private individual is:

obtaining the oil or fat to make bio diesel for their own use in their own private vehicle
not profiting from the activity
not making the bio diesel as part of a commercial or business enterprise.
A waste transfer note should be completed if a private individual collects the oil or fat from a business, such as a chip shop.

In section C1 the private individual will need to put their home address. In section C2 they would tick the box for 'Exempt from requirement to register as a carrier' and explain that they are collecting the oil or fat to make bio diesel for their own personal use.

Both parties should keep a copy of the waste transfer note for two years.

A waste transfer note is not needed if waste oil or fat is being transported between private individuals making bio diesel for their own personal use.

Further information about duty of care requirements and a copy of a waste transfer note can be downloaded from our website.


 
Margaret Fedorenko
 
Customer Services
Environment Agency
National Customer Contact Centre
08708 506 506
 
E-mail enquiries@environment-agency.gov.uk
www.environment-agency.gov.uk

[Julian]

I too obtained a letter from the EA, unfortunately they omitteed to date it, but it was probably at least 5 years ago.  It said pretty much the same thing, referring to regulations extant at that time.  It basically stated that private individuals only need to complete WTNs, they didn't even mention record keeping.  No other conditions applied.

It would seem that the legislation wasn't/isn't intended to cover veg oil processing by private individuals at domestic dwellings.

[Julian]

The 2010 Statutory Instrument has been updated eight times up to 2014 and I've checked them all (what a waste of life!).

There seems to be no update that effects us as domestic brewers so to my mind we remain exempt from U5 and T19 registration.

Good work Holmes.  I'd agree with your take on things.

I hope the EA inspection goes OK for you ... I suspect it's a neighbour thing with you as well as Julianf.  I wonder how much tax payers money is wasted by aggrieved neighbours trying to cause trouble.

Let us know how you get on.

[julianf]

My email, 10th jan this year -

Dear Mr Fincham

 

Many thanks for your time earlier today, it was really helpful to meet you and chat through how your process works. As discussed I do not see any issues with you producing and storing bio diesel at your property providing you:

 

-       Register the waste exemption  T19 - Physical and chemical treatment of waste edible oil and fat to produce bio diesel. This exemption can be registered via our web site and is free of charge.

-       Comply with the conditions set out within this exemption. We discussed some improvements that are needed with regards to the provision of appropriate secondary containment for the areas where you store waste oil, bio diesel and where you undertake the treatment process. I am happy you recognise the need for secondary containment and I note your commitment to provide this as soon as is possible. As we discussed the provision of secondary containment does not have to be expensive or involve the purchase of readymade equipment, all that is required is that any structure is capable of containing:

 

o    100% of the original containers capacity, or

o    If there are more than one container within the containment area, have a capacity of not less than 110% of the largest container or 25% of the aggregate storage capacity, whichever is the greater. It must also have:

o    An impermeable lining.

o    And will need to be routinely maintained to ensure the overall storage capacity of the containment is not compromised in the event of a spill occurring.

 

It should also be noted the use the bio diesel as a fuel is covered by another waste exemption, U5 – Use of waste derived bio diesel as fuel. As you use the bio diesel you produce there is no requirement to register this exemption with us however you will need to ensure you meet its conditions but these are essentially the same as those set out within the T19 so providing you comply with this exemption you should be fine with complying with the U5. 

[Keef]

If a private individual intends to make bio diesel for their own personal use they don't need an exemption or an environmental permit for the activity. However, they do need to ensure that they comply with the key conditions of the exemptions relating to bio diesel production.

Whilst it is common sense to comply as far as possible, I fail to see how they could enforce it if you didn't comply with the 'key conditions of the exemptions' if there is no requirement for us to register for exemption.

I also found this document on my travels, it seems we don't need bunding if we store less than 3,500ltrs at a private dwelling.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/290118/pmho0811bucr-e-e.pdf

4.a Control of Pollution (Oil Storage) Regulations
In England, above ground oil storage is regulated by the Control of Pollution (Oil Storage) (England) Regulations 2001, (OSR England). Oils covered by these regulations include petrol, diesel, vegetable, synthetic and mineral oils. They apply to most industrial, commercial and institutional sites storing oil in containers over 200 litres and to private dwellings with containers storing more than 3,500 litres. The Environment Agency is responsible for enforcing these regulations throughout England and may serve an Anti Pollution Works Notice requiring inadequate facilities to be brought up to standard.

[Keef]

@Julianf, I can't help thinking that your inspector was interpreting the rules to cover himself, there seems to be plenty of evidence to the contrary of what he has said in the email.

I wonder why he suggests 100% of volume for secondary containment when the rules say 110%?

[julianf]

Maybe so - i was not going to question any of it with him, as, well, sleeping dogs and all that.

On his visit he said he would write me recommendations, but impose no time limit on their execution.  Which, to me, sounded like he was doing his job, but was not really bothered by what i was up to.

Again, this was a neighbour complaint situation (the same neighbour who got out a couple of fire engines a few months ago, and then calor gas, just to make sure!) and i got the impression that we were both of the opinion that he had better things to be doing with his time than checking what some chap was up to down the bottom of his garden!


Im just posting here what was said, rather than arguing one way or the other.  The lack of clarity is as good a 'get out of jail free' card as anyone could want anyhow, i guess?