Current legislation on FPBO as fuel for residential

12.01.2018 / D7_6_CURRENTLEGISLATIONONFPBOIN5KEYCOUNTRIES_1.0_BTL_20180112 1/41

Project title: Renewable residential heating with fast pyrolysis bio-oil Grant Agreement: 654650 Start of the project: 01.01.2016 (48 months)

Deliverable number: D7.6 Deliverable title: Current legislation on FPBO as fuel for residential

heating in five key countries Work package: WP7 Delivery due date: 31/12/2017 Actual submission date: 12/01/2018 Responsible organisation: BTG-BTL Authors: A. Toussaint, M. Vis Version: 1 Revision: 0

Dissemination (Please cross-tick the correct type and level) Type: R R - Report DEM - Demonstrator, pilot, prototype DEC - Websites, patent fillings, videos etc. Level: PU PU - Public CO - Confidential, only for members of the Consortium*) Cl - Classified*)

DISCLAIMER This document contains information which is the proprietary to the Residue2Heat Consortium. Neither this document nor the information contained herein shall be used, duplicated or communicated by any means to any third party, in whole or in parts, except with prior written consent of the Residue2Heat Coordinator. Contents of this document are not intended to replace consultation of any applicable legal sources or the necessary advice of a legal expert, where appropriate. All information in this document is provided "as is" and no guarantee or warranty is given that the information is fit for any particular purpose. The user, therefore, uses the information at its sole risk and liability. For the avoidance of all doubts, the European Commission has no liability in respect of this document, which is merely representing the authors' view.

This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No. 654650


Executive summary Table 1 summarises the analysis of relevant current legislation on FPBO as fuel for residential heating in five focus countries of the Residue2Heat project.

Table 1 Overview of relevant current legislation on FPBO as fuel for residential heating in five key countries

Germany Austria Italy France United Kingdom

EU definition biomass relevant for permit requirements / emission limits

no no no yes no

Procedure for end of waste status available for individual companies (without need to change the law)

no yes no yes yes

Classification as fuel relevant to bring FPBO on the market

yes (<100 kW) yes yes no no

Does FPBO already classify as fuel no no no n.a. n.a.

Procedure available to classify FPBO available (without the need to change the law)

yes yes no (!) n.a. n.a.

Air quality regulations relevant for FPBO? (like low emission zones, with stricter requirements on emissions)

no no yes, regions can apply stricter

emission limits

yes, regions can apply

stricter emission

limits

yes: stricter regime in

smoke control areas

Emission limit ( corrected to mg/Nm³ @ 3% O2 dry gas)

- NOx 20-100 kW: 1125

100-200 kW: 200

400 50-200 kW owned by

company: 150

720 525 - 550 no legal limit 495 to get

RHI subsidy

- SOx no limit specified

no limit specified 90 225 - 850 no limit specified

- Dust 20 - 100 kW: 45 20 - 200 kW: 20

"smoke spot number 1"

54 50 no legal limit 100 to get

RHI subsidy

- CO 20 - 100 kW: 563

100 - 200 kW: 900


company: 100

450 100 - 250 no limit specified

- Other substances? Dioxins and furans

Ammonia (SCR/SNCR)

VOS: 20 efficiency

requirements

PAH, NMVOC, HCl,

HF heavy metals

no "dark smoke"

Environmental permit needed < 100 kW: no 100 - 200 kW:

yes

no (only if boiler is

as part of commercial

activity

no no: if FPBO regarded biomass

yes: if FPBO not regarded

biomass

no, but notification is needed

Requirements to installation and operation

< 100 kW: type test from

manufacturer available

Yes: found in Art 15 a B VG

Those relevant according to EU

law

Yes: details in order of

24/06/13 on class 2910-B

In Building regulations

2000


Table of Contents Executive summary............................................................................................................................................ 2 Table of Contents .............................................................................................................................................. 3 1 Introduction ............................................................................................................................................... 5

1.1 Scope ................................................................................................................................................. 5 1.2 Objectives .......................................................................................................................................... 5 1.3 Approach ........................................................................................................................................... 5 1.4 This report ......................................................................................................................................... 5

2 Legal and pre-normative issues EU28 ....................................................................................................... 6

2.1 FPBO and the European definition of biomass ................................................................................. 6 2.2 Applicability Ecodesign directive to FPBO ......................................................................................... 7 2.3 Waste or product status for FPBO from waste biomass ................................................................... 8 2.4 Standardisation issues ....................................................................................................................... 9 2.5 Emission limits ................................................................................................................................... 9 2.6 Permit requirements ....................................................................................................................... 10 2.7 Market introduction ........................................................................................................................ 12 2.8 Conclusions and possible solutions ................................................................................................. 18

3 Current legislation on FPBO for residential heating in Germany ............................................................ 19

3.1 Definitions and classifications ......................................................................................................... 19 3.2 Air quality regulations ..................................................................................................................... 20 3.3 Emission limits ................................................................................................................................. 20 3.4 Permit requirements ....................................................................................................................... 21 3.5 Requirements to installation and operation ................................................................................... 22

4 Current legislation on FPBO for residential heating in Austria ............................................................... 23


5 Current legislation on FPBO for residential heating in Italy .................................................................... 26


6 Current legislation on FPBO for residential heating in France ................................................................ 31



7 Current legislation on FPBO for residential heating in the United Kingdom .......................................... 35


8 Overview of the legislation in the 5 focus countries ............................................................................... 41


1 Introduction

1.1 Scope FPBO is an intermediary product that could play an important role in the bio-economy of the EU. Legislation is usually designed to regulate existing situations. It took most EU member states (with no tradition of biomass utilization) more than a decade to develop appropriate permitting requirements and emission limits for solid biomass combustion installations. In this report the specific legislation on FPBO as fuel for residential of 5 key countries is investigated. The key countries are:

Germany;

Austria;

Italy;

France;

United Kingdom. Where relevant, the impact of European legislation as investigated will be taken into account.

1.2 Objectives This task results in an overview of relevant legislation for residential heating with FPBO in five key countries. This will facilitate the implementation of FPBO microgeneration applications in these countries. Secondly, it will be analysed whether legislation hampers the market introduction of FBPO. This will serve as input to the formulation of possible solutions that can serve as basis for discussion with the relevant authorities.

1.3 Approach For each focus country the following relevant legislative issues relevant for the implementation of small scale FPBO heating in the capacity range of 20 - 200 kW have been reported.

Relevant definitions of biomass and initial assessment whether FPBO fall into this definition;

Possibility to obtain the end-of-waste status of FPBO produced from biomass that is formally waste;

Classification of FPBO as fuel; in some countries classification as fuel is a requirement to bring FPBO on the market;

Check of relevant air quality regulations;

Overview of emission limits;

Check if an environmental permit or other permits are needed, of that FPBO installations can be brought on the market without such permit. The need for a full environmental permit would hinder the market introduction of small scale FPBO heating;

Legal requirements to installation and operation of an FPBO boiler. For instance the need of maintenance certificates etc.

1.4 This report As all focus countries are Member States of the European Union, and EU law has significant impact on national environmental law, in chapter 2, the most relevant European legislation is presented. In chapters 3 to 7 the situation in each focus country is presented. In chapter 8 an overview has been drawn of the legislation in the 5 focus countries and their differences and similarities are topic-wise discussed. Some topics are covered by European legislation, others are regulated at national level. Therefore, within Residue2Heat the relevant EU legislation has been screened and is summarised in chapter 2.


2 Legal and pre-normative issues EU28

2.1 FPBO and the European definition of biomass European emission legislation such as the Medium Combustion Plants Directive (MCPD) (2015/2193/EC) and the Industrial Emissions Directive (IED)1 (2010/75/EU) uses a specific definition of biomass that is transposed to national legislation of the Member States. ‘biomass’ means any of the following:

(a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content;

(b) the following waste: (i) vegetable waste from agriculture and forestry; (ii) vegetable waste from the food processing industry, if the heat generated is recovered; (iii) fibrous vegetable waste from virgin pulp production and from production of paper from

pulp, if it is co-incinerated at the place of production and the heat generated is recovered; (iv) cork waste; (v) wood waste with the exception of wood waste which may contain halogenated organic

compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste.

In the EU28 a specific regime exists for biomass combustion plants that combust “clean biomass” that falls under the above definition, as specified in the MCPD for biomass combustion plants with a capacity of 1-50 MW, and in the IED for biomass combustion plants >50 MW. These capacities are higher than the targeted size of boilers to be developed in Residue2Heat project (20-200 kW). However, in national law the above definition of biomass is sometimes applied to smaller plants as well2. It should be noted that thermal treatment of waste biomass that does not fall under part (b) of the definition of biomass, is subject to the Waste Incineration Directive (WID) and its’ extensive emission limits and monitoring requirements, regardless the capacity of the installation. Experts within the Residue2Heat consortium agree that FPBO fits well in the above definition of waste, provided that the biomass used to produce the FPBO fall under the definition of biomass as well. However, according to Infomil3, the Dutch organization that supports public authorities in understanding and interpretation of environmental legislation, FPBO4 does not fall under the above definition, as the biomass has undergone a chemical treatment. BTG points to the fact that during FPBO production, nothing is added to the FPBO, and still contains nothing than the incoming biomass. In fact pyrolysis is just a phase in any combustion process; i.e. in case of fast pyrolysis the pyrolysis and oxidation phases take place separately, while in case of ordinary combustion these processes take place simultaneously. The emissions after combustion of FPBO will not be higher than the emissions of direct combustion of biomass. In Finland, the other FPBO producing country in the EU, FPBO is regarded as biomass5. The above discussion suggests that in case of FPBO the interpretation of the definition of biomass can very per country, which means that it has to be checked for the selected focus regions.

1 DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 on industrial

emissions (integrated pollution prevention and control) 2 This is the case in the Netherlands. It has be checked if this is the case in other countries as well.

3 http://www.infomil.nl/onderwerpen/klimaat-lucht/stookinstallaties/biomassa-0/welk-regime-welke/

4 And likewise charcoal and torrefied wood.

5 Please check with Eija for her confirmation.

http://www.infomil.nl/onderwerpen/klimaat-lucht/stookinstallaties/biomassa-0/welk-regime-welke/


2.2 Applicability Ecodesign directive to FPBO The Ecodesign Directive6 2009/125 determines that implementing measures have to be taken if a product falls under the definition of an energy related product7, which (1) represent a significant volume of sales and trade, indicatively more than 200 000 units a year within the EU28 according to the most recently available figures; (2) has a significant environmental impact within the EU28 and (3) presents significant potential for improvement in terms of its environmental impact without entailing excessive costs. FPBO boilers fall under the definition of an energy related product, but do not yet represent a significant volume of sale and trade. The actual implementing measures are described in Regulations under the Ecodesign Directive. Table 2 provides information on possible relevant regulations.

Table 2: EC regulations under the Eco-design directive that could possible covers small FPBO boilers

Regulation (EU) no.

Contains eco-design criteria for: Remark Covers FPBO

813/2013 Space heaters and combination heaters with a rated heat output ≤ 400 kW.

Excludes heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass.

No

814/2013 Water heaters and hot water storage tanks.

Excludes water heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass.

No

2015/1185 Solid fuel local space heaters, including woody biomass pellet heaters.

Liquid fuels not covered. No

2015/1188 Domestic local space heaters with a nominal heat output of 50kW or less and commercial local space heaters with a nominal heat output of the product or a single segment of 120 kW or less.

Covers part of the targeted range of 20-200 kW of the FPBO.

Yes

2015/1189 Solid fuel boilers including solid woody biomass boilers with a rated output of ≤ 500 kW.

Liquid fuels not covered. No

The overview shows that only Commission regulation EU no 2015/1188 on local space haters is applicable to part of the envisaged capacity range. A local space heater is defined as: ‘local space heater’ means a space heating device that emits heat by direct heat transfer or by direct heat transfer in combination with heat transfer to a fluid, in order to reach and maintain a certain level of human thermal comfort within an enclosed space in which the product is situated, possibly combined with a heat output to other spaces and is equipped with one or more heat generators that convert electricity or gaseous or liquid fuels directly into heat, through use of the Joule effect or combustion of fuels respectively. (Regulation 2015/1188 Art. 2(1)) This means that boiler systems are not included. It is expected that the FPBO boilers developed in the Residue2heat project normally do not fit under the above definition, but in exceptional cases it might. In this report, where relevant the applicable legislation will be mentioned for both local space heaters and boilers.

6 DIRECTIVE 2009/125/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 establishing a

framework for the setting of ecodesign requirements for energy-related products 7 ‘Energy-related product’, (a ‘product’), means any good that has an impact on energy consumption during use which

is placed on the market and/or put into service, and includes parts intended to be incorporated into energy-related products covered by this Directive which are placed on the market and/or put into service as individual parts for end-users and of which the environmental performance can be assessed independently.


In fact Regulation 813/20138 fits best to the pyrolysis boilers to be developed in this project. However, Article 1 states that this Regulation shall not apply to (…) heaters specifically designed for using gaseous or liquid fuels predominantly produced from biomass. Therefore, this regulation is not applicable to FPBO fuelled installations. Although Regulation 813/2013 is not legally binding for FPBO fired boilers, it can be useful to consult in the design process.

It can be concluded that the eco-design directive and its regulations do not provide legally binding design requirements, such as minimum efficiencies or emission limits to FPBO fired boilers. Requirements for local space heaters might be applicable in a limited number of cases.

2.3 Waste or product status for FPBO from waste biomass Three main situations can be identified:

1) If FPBO is produced from a product (like energy crops), the FPBO itself is a product as well; 2) If FPBO is produced from hazardous waste, it is anticipated that the FPBO produced from it will

maintain its classification as waste, except if it can be proved that the FPBO oil is similar to FPBO produced from clean biomass;

3) If FPBO is produced from biomass that is classified as waste but falls under the definition of “clean” biomass under the MCPD and IED, it would be reasonable that the FPBO obtains the product status, but no certainty can be given.

The third situation, in which the FPBO that falls under the EU definition of biomass but is classified as waste requires further investigation. Producers can determine whether FPBO from these biomass types could be classified as a product by using end-of-waste (EoW) criteria, and ask confirmation of their interpretations from public authorities9. End-of-waste criteria specify when certain waste ceases to be waste and obtains the status of a product (or a secondary raw material). According to Article 6 (1) and (2) of the Waste Framework Directive 2008/98/EC, certain specified waste shall cease to be waste when it has undergone a recovery (including recycling) operation and complies with specific criteria to be developed in line with certain legal conditions, in particular:

the substance or object is commonly used for specific purposes;

there is an existing market or demand for the substance or object;

the use is lawful (substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products);

the use will not lead to overall adverse environmental or human health impacts10. Such criteria should be set for specific materials by the Commission using the procedure described in Article 39(2) of the Waste Framework Directive (so called "comitology"). So far, EoW criteria have been laid down for: iron, steel and aluminium scrap, glass cullet and copper scrap11. This means that End of Waste evaluations for FPBO from waste biomass need to be carried out on a national level.

8 Regulation 813/2013 of 2 August 2013 implementing Directive 2009/125/EC of the European Parliament and of the

Council with regard to ecodesign requirements for space heaters and combination heaters. 9 This is the case in the Netherlands. It has to be checked if this is the case in the focus regions.

10 See http://ec.europa.eu/environment/waste/framework/end_of_waste.htm

11 JRC(2010) reports that biodegradable waste materials stabilised for recycling are in line with the basic principles of

EoW and suited for further EoW criteria assessment. Moreover, Wood e.g. impregnated with protection chemicals, massive, chipboard, with or without metal contamination, may be in line with the EoW principles. These biomass types have however to completed the EoW procedure yet.

http://ec.europa.eu/environment/waste/framework/end_of_waste.htm


2.4 Standardisation issues

2.4.1 Standards applicable to FPBO The Draft CEN prEN 16900 standard “Fast pyrolysis bio-oils for industrial boilers – requirements and test methods describes two grades of FPBO, grade B containing less Sulphur, solids and ash than grade A. During the Residue2Heat project the requirements to FPBO used in small boilers will be determined. If a better quality than grade B as described in Draft CEN prEN 16900 is needed, the standard would need to be revised to include FPBO for small burners as well.

2.4.2 Standards applicable to FPBO fired boilers European standards exist for fuel oil boilers (such as EN 15034:2006 Heating boilers - Condensing heating boilers for fuel oil) but these apply not directly to FPBO fired boilers.

2.4.3 Need for additional standards Possibly there will be a need for standards for small pyrolysis boilers, like standards exist for pellet boilers (e.g. EN 14785). At this stage, before market introduction, it is too early to develop such a standard. It might be better to develop it say five years after market introduction.

2.5 Emission limits

2.5.1 FPBO boilers It is investigated whether EU wide emission limits exist that are valid for small PO boilers in a capacity range of 20-200 kW. The envisaged capacity of the Residue2Heat boilers (20-200 kWth) is below the capacity range of the Medium Combustion Plants Directive (MCPD) (≥ 1 MWth) and the regulations under the Ecodesign Directive are not applicable (with the exception of FPBO local space heaters, see section 2.2). Therefore, for FPBO boilers in the capacity range of 50-200 kW no binding European emission limits were found. It would make sense to apply the emission limits of Regulation 813/2013 as a reference. It requires that from 26 September 2018 the NOx emissions of fuel boiler space heaters and fuel boiler combination heaters with a rated heat output of max 400 kW using liquid fuels shall not exceed 120 mg/kWh fuel input in terms of gross calorific value, which in case of FPBO combustion results in an NOx emission limit of about 120 mg/Nm3 @ 3% O2 (see calculation in Annex 1). Regulation 813/2013 (consideration 6) found it not appropriate to set ecodesign requirements for emissions of carbon monoxide, particulate matter and hydrocarbons as no suitable European measurement methods are as yet available. Requirements for these components, however, do exist for solid fuel boilers. Regulation 2015/1189 concerns solid fuel boilers, including biomass boilers with a rated heat output of max. 500 kW. The emission limits are summarized in Table 3. It is observed that the NOx requirements are less strict than those in regulation 813/2013 that is written for liquid and gaseous space heaters.

Table 3: Emission limits as found in Regulation 2015/1189 on small solid fuel boilers

Automatically stoked boilers (mg/Nm3 @ 10% O2)

Recalculated to 3% O2

(mg/Nm3 @ 3% O2)

NOx 200 328

Dust (Particulate matter) 40 65

CO 500 818

Organic gaseous compounds 20 32

A third source of indicative emission limits is the Medium Combustion Plants Directive(MCPD). It formulates the following emission limited for liquid fuels combustion with a rated input of more than 1 MW.


Table 4: Minimum emission limits values (mg/Nm3) for existing and new (after 2030) medium combustion plants using liquid

fuels other than gas oil (such as FPBO) with a rated thermal input of 1-5 MWth. Source: (EU) 2015/2193

Pollutant Existing plants After 2030 Unit

NOx 650 300 mg/Nm³

SO2 350 350 mg/Nm³

Dust 50 20 mg/Nm³

It can be concluded that for FPBO boilers in the capacity range of 50-200 kW no binding European emission limits were found. The limits have to be acquired from or have to be obtained from national emission regulations, if available for small FPBO boilers.

2.5.2 Local space heaters Commission regulation EU no 2015/1188 on local space heaters is applicable to FPBO fuelled space heaters (domestic ≤ 50kW, professional ≤ 120 kW). It requires that the NOx emissions should not exceed 130 mg/kWh fuel input, which can be translated to 130 mg/Nm3 @ 3% O2.

2.6 Permit requirements

2.6.1 Environmental permit or notification The Industrial Emissions Directive (IED)12 article 4 requires that “Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co- incineration plant is operated without a permit.”. In this context a combustion plant is defined as (art. 3 (25)) “any technical apparatus in which fuels are oxidised in order to use the heat thus generated”. This suggests that for any combustion plant including small pyrolysis boilers a permit is needed. Article 6 of the IED however states that “Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules. Where general binding rules are adopted, the permit may simply include a reference to such rules.”. This opens the possibility to apply general rules to all pyrolysis boilers at national level. Registration of the installation is however needed in any case. The IED provides specific information on the minimum requirements to permits for large combustion plants of >50 MWth, but no information on small plants is provided. In case FPBO has the waste status, chapter IV provides special provisions for waste incineration and waste co-incineration plants. The Medium Combustion Plants Directive (MCDP) (art. 5) requires that no medium biomass combustion plant (i.e. with a rated thermal input of 1-50 MW) is operated without permit or registration. At least the following information has to be provided to the competent authority (MCDP, Annex I):

1. Rated thermal input (MW) of the medium combustion plant; 2. Type of the medium combustion plant (diesel engine, gas turbine, dual fuel engine, other

engine or other medium combustion plant); 3. Type and share of fuels used according to the fuel categories laid down in Annex II; 4. Date of the start of the operation of the medium combustion plant or, where the exact date

of the start of the operation is unknown, proof of the fact that the operation started before 20 December 2018;

5. Sector of activity of the medium combustion plant or the facility in which it is applied (NACE code);

12

2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 on industrial emissions (integrated pollution prevention and control)


6. Expected number of annual operating hours of the medium combustion plant and average load in use;

7. Where the option of exemption under Article 6(3) or Article 6(8) is used, a declaration signed by the operator that the medium combustion plant will not be operated more than the number of hours referred to in those paragraphs;

8. Name and registered office of the operator and, in the case of stationary medium combustion plants, the address where the plant is located.

According to the MCDP (consideration 5), the combustion of fuel in certain small combustion plants and appliances is covered by implementing measures as referred to in Directive 2009/125/EC of the European Parliament and of the Council (5). Further measures are urgently needed under Directive 2009/125/EC in order to cover the remaining regulatory gap. This shows that an extension of the Ecodesign Directive (2009/125/EC) is anticipated to cover all small combustion plants. However, currently, this is not the case for liquid biomass boilers in the range of 50-200 kW. Moreover, the Ecodesign Directive and their implementing regulations do not cover a permit or registration procedure. The pyrolysis boiler will be installed together with a storage vessel of say 3-30 m3 FPBO. Since pyrolysis is not classified as a dangerous good13, storage of FPBO is not expected to lead to environmental permit requirements.

It can be concluded that a notification or an environmental permit is needed for FPBO boilers with a rated thermal input ≥ 1 MW. European legislation does not provide a binding capacity range requiring a permit or notification for smaller boilers. The need for a notification or permit for boilers in the range of 20-200 kW has to be checked at Member State level.

2.6.2 Building permit Building regulations set minimum requirements for safe, healthy, energy-efficient and accessible buildings. The procedures to obtain a building permit are arranged on a national level and thus can differ between Member States. According to Petro, Meijer et al. (2011)14 who investigated building permit procedures in the European Union countries, the organisation of a regular building permit procedure is similar in the EU countries. No major differences were found concerning the several steps it takes to get a building permit and to carry out a construction work: pre-consultation, possibility of phasing, submission demands, checks carried out and maximum procedure time for plan approval, possibility and moment to object to a building permit being issued, start of construction works, frequency and moment of site inspections, fees, and completion of construction works. The main differences concern detail aspects in several of these steps. Most Member states have three types of procedures: "exemptions from a permit", "simplified procedure" and a "regular procedure". The need and the type of building permit needs to be checked at focus region level.

It can be concluded that the need for a building permit and its requirements has to be assessed at Member State level.

2.6.3 Other permits In about half of the EU Member States, a planning permit is needed separate from the building permit, while in other countries this is part of one building permit (Pedro, Meijer, et al. 2011).

13

See MSDS FPBO of BTG-BTL, revision 8. 14

João Branco Pedro, Frits Meijer and Henk Visscher (2011) Comparison of building permit proceduresin European Union countries. http://repository.tudelft.nl/islandora/object/uuid:b391c687-3ecb-4017-abba-06f1539017e6?collection=research

http://repository.tudelft.nl/islandora/object/uuid:b391c687-3ecb-4017-abba-06f1539017e6?collection=research

http://repository.tudelft.nl/islandora/object/uuid:b391c687-3ecb-4017-abba-06f1539017e6?collection=research


Table 5: Are there separate procedures for a planning permit and a building permit? Source: Pedro, Meijer, et al. (2011)

A planning permit is the basis for the development of a design, but it does not bind the building authority to grant a building permit, since it only states that designs presented at this phase are in compliance with the planning demands. The planning permit does not authorise the beginning of construction works. Details have to be checked at Member State level.

2.6.4 Permit obligation versus general rules and product certification Small pyrolysis boilers have a size that in some countries will require an environmental permit, and in other countries may be not, for instance depending whether small biomass installations are exempted from permit obligation and whether the authorities regard FPBO being biomass15. In case a permit obligation exists, there might be a desire to take action to cease the permit obligation, as it is cumbersome to apply for an environmental permit for each small boiler. If sufficient knowledge has been acquired to formulate general requirements that ensure environmental protection (like emission limits), the state can decide to describe those requirements in general rules, and exempt the installation from environmental permit obligation. It helps if standards exist on the product and the fuel, and if considerable practical experience has been developed with the small PFBO boilers. On the other hand, the existence of standards, inspection requirements, etc. does not automatically change the permit obligation; it requires the State changing the law. If currently a permit obligation exists, it can be anticipated that this will remain the case in the first years after the market introduction.

2.7 Market introduction In this section the regulations related to the market introduction of FPBO boilers and FPBO to consumers are investigated. A general overview of the European legislation regarding product rules can be found in the “Blue Guide” (2016/C 272/01), which is available in several European languages16. This section highlights some general and some specific requirements relevant for small FPBO boilers.

2.7.1 General product safety requirements Harmonised standards have been developed for various products, like bicycles, gymnastic equipment etc17. These standards are “harmonised standards” which producers are obligatory to meet. No such harmonised standards were found for (pyrolysis) boilers, which means that the general requirements of Directive 2001/95/EC on general product safety (GPSD) have to be followed. This directive intends to ensure a high

15

For instance in the Netherlands there is a permit obligation for each installation >20 kW, with the exception of biomass installations. However, FPBO is not regarded biomass according to state agency Infomil. 16

See http://ec.europa.eu/DocsRoom/documents/18027 17

See http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/general-product-safety/

http://ec.europa.eu/DocsRoom/documents/18027

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/general-product-safety/

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/general-product-safety/


level of product safety throughout the EU for consumer products that are not covered by sector-specific EU harmonisation legislation. It states that producers shall be obliged to place only safe products on the market. Article 3 states that: A “safe product” (2001/95/EC art 2(b)) shall be any product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons, taking into account the following points in particular:

(i) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance;

(ii) the effect on other products, where it is reasonably foreseeable that it will be used with other products;

(iii) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product;

(iv) the categories of consumers at risk when using the product, in particular children and the elderly.

The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be ‘dangerous’. Products are regarded safe if they meet specific European requirements and standards. If these requirements and standards are absent, the evaluation of the safety has to be based on18:

voluntary national standards transposing relevant European standards;

standards drawn up in the Member State in which the product is marketed;

Commission recommendations setting guidelines on product safety assessment;

product safety codes of good practice in force in the sector concerned;

the state of the art and technology;

reasonable consumer expectations concerning safety.

Article 5 provides details on other obligations of producers. For instance: “Within the limits of their respective activities, producers shall provide consumers with the relevant information to enable them to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where such risks are not immediately obvious without adequate warnings, and to take precautions against those risks” (2001/95/EC art. 5(1)). And “Producers and distributors shall, within the limits of their respective activities, cooperate with the competent authorities, at the request of the latter, on action taken to avoid the risks posed by products which they supply or have supplied. The procedures for such cooperation, including procedures for dialogue with the producers and distributors concerned on issues related to product safety, shall be established by the competent authorities”.

It can be concluded that the Directive 2001/95/EC provides general product safely requirements relevant for the market introduction of FPBO fired boilers.

2.7.2 Product liability Directive 85/374/EEC19 concerning liability for defective products regulated product liability at European level. Legal or administrative action may take place against any person in the supply or distribution chain

18

See 2001/95/EC Art. 3(3). 19

85/374/EEC COUNCIL DIRECTIVE of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products.


who can be considered responsible for a non-compliant product. Secondly, the Directive applies only to defective products, i.e. products not providing the safety that a person is entitled to expect. Liability, the responsibility to pay for damages, is placed on the producer. The producer is not automatically liable for damage caused by the product. The injured person, whether or not he is the buyer or user of the defective product, must claim his rights to obtain compensation. The victims will be paid only if they prove that they have suffered damage, the product was defective, and this product caused the damage. The Directive on product liability does not require Member States to repeal any other legislation on liability. In this respect, the Directive's regime adds to the existing national rules on liability.

2.7.3 Guarantee period Directive 99/44/EG on certain aspects of the sale of consumer goods and associated guarantees arranges product guarantees at the European level for consumer goods. Both FPBO and FPBO boilers fall under the definition of consumer goods if sold to a consumer. The seller must deliver goods to the consumer, which are in conformity with the contract of sale. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement. Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods. The seller shall be held liable where the lack of conformity becomes apparent within two years as from delivery of the goods. National legislation can include longer guarantee periods.

2.7.4 CE marking The CE marking is a key indicator (but not proof) of a product's compliance with EU legislation and enables the free movement of products within the EEA and Turkish market, whether they are manufactured in the EEA, Turkey or in another country. Regulation (EC) No 765/2008 lays down the general principles governing the CE marking while Decision No 768/2008/EC provides for rules governing its affixing. The CE marking is affixed by the manufacturer (established inside or outside the Union), or by his authorised representative established within the Union. A product may not be CE marked, unless it is covered by a Union harmonisation legislation providing for its affixing. The products for which CE marking is needed is presented in https://ec.europa.eu/growth/single-market/ce-marking/manufacturers/directives. Two product groups could be of interest for small FPBO boilers:

Eco-design of energy related products (Directive 92/42/EEC on hot water boilers and their implementation rules);

Hot-water boilers (Directive 92/42/EEC on hot water boilers). In section 2.2 it was concluded that Commission regulation 2015/1188 covering eco-design requirements domestic local space heaters with a nominal heat output of ≤ 50kW and commercial local space heaters with a nominal heat output of the product or a single segment of ≤ 120 kW could be relevant. Directive 92/42/EEC covers efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels. Article 3, however, states that “boilers designed to be fired by fuels the properties of which differ appreciably from the properties of liquid and gaseous commonly marketed (industrial waste gas, biogas, etc.)” are excluded from this directive. FPBO differs from commonly marketed liquid fuels, and thus FPBO boilers are excluded from Directive 92/42/EEC.

It can be concluded that FPBO boilers (20-200 kW) do not need a CE marking as there is no Union harmonisation legislation applicable to it. FPBO fired local space heaters with a rated thermal input of ≤ 50 kW need a CE marking, as these products fall under Commission regulation 2015/1188.

2.7.5 Conformity assessment before market introduction by a notified body

https://ec.europa.eu/growth/single-market/ce-marking/manufacturers/directives


FPBO fuelled boilers The conformity of hot water boilers with the rules as described in Directive 92/42/EEC on hot-water boilers with liquid or gaseous fuels has to be ascertained and attested by a notified body. A notified body is as such recognised by the Member State and the European Commission, and can be found in the European NANDO database20. However, since FPBO boilers are excluded from 92/42/EEC, no testing by a notified body is needed. Regulation EU 813/2013 (Art 4) under the Ecodesign directive sets out a procedure for conformity assessment (without third party certification21), which is formally not relevant as FPBO boilers are not covered in this regulation. However, it is advisable to follow the same procedures as described in 92/42/EEC and EU 813/2013 to check if reasonable requirements are met, but this is not obligatory by European law. FPBO fuelled local space heaters Regulation EU 2015/1188 under the Ecodesign Directive, relevant for FPBO fuelled local space heaters (≤50 kW for consumers, ≤ 120 kW for commercial users) does not include third party certification of local space heaters22. Although no third party certification is applicable, a conformity assessment has to be performed according to the procedures as set out in Article 8(2) of Directive 2009/125/EC (See art. 4 of 2015/1188). For the purposes of conformity assessment, the technical documentation shall contain the product information set out in point 5(b) of Annex II to Regulation 2015/1188).

It can be concluded that formally no specific conformity assessment procedures are applicable to small FPBO boilers. However, the procedures as set out in regulation EU 813/2013 can be followed by the producer. For FPBO fuelled local space heaters the conformity procedures of 2015/1188 need to be followed.

2.7.6 Inspection of equipment after market introduction

It can be concluded that Directive 2010/31/EU on the energy performance of buildings (EPBD) requires that boilers and space heaters with a rated output ≥ 20 kW are inspected regularly. Heating systems with boilers of an effective rated output of more than 100 kW shall be inspected at least every two years.

Article 14 of the EPBD states the following: “Member States shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings, such as the heat generator, control system and circulation pump(s), with boilers of an effective rated output for space heating purposes of more than 20 kW. That inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building. The assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime. Member States may reduce the frequency of such inspections or lighten them as appropriate, where an electronic monitoring and control system is in place.

20

See http://ec.europa.eu/growth/tools-databases/nando/index.cfm 21

According to Art. 7 of regulation 813/2013 the appropriateness of third party certification will be considered in the review of this regulation within 5 years after it entered into force (i.e. Aug 2018) 22

However, article 7 indicates that “The Commission shall review this Regulation in the light of technological progress and present the result of that review to the Consultation Forum no later than 1 January 2019. In particular, the review shall assess: (…) the appropriateness of introducing third party certification”. So this might change before the end of the Residue2heat project.

http://ec.europa.eu/growth/tools-databases/nando/index.cfm


2. Member States may set different inspection frequencies depending on the type and effective rated output of the heating system whilst taking into account the costs of the inspection of the heating system and the estimated energy cost savings that may result from the inspection. 3. Heating systems with boilers of an effective rated output of more than 100 kW shall be inspected at least every two years. For gas boilers, this period may be extended to four years. 4. As an alternative to paragraphs 1, 2 and 3 Member States may opt to take measures to ensure the provision of advice to users concerning the replacement of boilers, other modifications to the heating system and alternative solutions to assess the efficiency and appropriate size of the boiler. The overall impact of this approach shall be equivalent to that arising from the provisions set out in paragraphs 1, 2 and 3. Where Member States choose to apply the measures referred to in the first subparagraph, they shall submit to the Commission a report on the equivalence of those measures to measures referred to in paragraphs 1, 2 and 3 of this Article by 30 June 2011 at the latest. Member States shall submit these reports to the Commission every three years. The reports may be included in the Energy Efficiency Action Plans referred to in Article 14(2) of Directive 2006/32/EC” So the Member States have freedom to organise the way inspections are organised in their national legislation, and report this to the European Commission.

2.7.7 REACH For the introduction of chemicals on the European market REACH registration is necessary. FPBO has been REACH registered since the end of 2013. The FPBO REACH consortium was established on 2 January 2013, consisting of BillerudKorsnäs AB, Envergent Technologies, Fortum Power and Heat Oy, Green Fuel Nordic Oy, Metso Power Oy, and UPMKymmene Corporation23. Linnunmaa Oy was chosen to be the consortium manager by a common decision. The final joint dossier was submitted to the ECHA in November 2013.

23

IEA Bioenergy Agreement Task 34 Newsletter — PyNe 34 Page 4


Table 6: Use of PBPO as indicated in the REACH dossier

Source: https://echa.europa.eu/registration-dossier/-/registered-dossier/12235/3/1/4 Relevant information on the REACH registration of FPBO (EC number: 692-061-0, CAS number 1207435-39-9) can be found on https://echa.europa.eu/registration-dossier/-/registered-dossier/12235/1. Within the REACH dossier the usage of FPBO is indicated as “uses at industrial sites”. Entries for use by professional workers and consumers are not filled in. REACH regulation (EC regulation 1907/2006 art. 14(4)) requires that the exposure scenarios, exposure assessment and risk characterisation shall address all identified uses of the registrant. ECHA (2015)24 provides guidance on the use description. In case FPBO is used in residential buildings, the industrial use of FPBO needs to be expanded to widespread professional use and use by consumers. Its usage can be classified by ERC9a “Widespread use of functional fluid (indoor). Applies to uses by the public at large or by professional workers; substance is used as functional fluid and does not

24

ECHA (2015) Guidance on Information Requirements and Chemical Safety Assessment Chapter R.12: Use description Version 3.0 December 2015.

https://echa.europa.eu/registration-dossier/-/registered-dossier/12235/3/1/4

https://echa.europa.eu/registration-dossier/-/registered-dossier/12235/1


get in contact with products; substance is contained during the use”. The use by professionals and consumers, needs to be indicated in the technical dossier, and needs to be included in the exposure scenarios that are part of the Chemical Safety Report.

It can be concluded that the possible use of FPBO in residential buildings needs to be included in the REACH dossier of FPBO, which currently only covers the industrial use of FPBO.

2.7.8 Classification, labelling and packaging The Regulation (EC) No. 1272/2008 on classification, labelling and packaging of substances and mixtures lays down uniform requirements for the classification, labelling and packaging of chemical substances and mixtures according to the United Nations’ Globally Harmonized System (GHS). It requires companies to classify, label and package appropriately their hazardous chemicals before placing them on the market. The Material Safely Data Sheet of FPBO currently on the market provides already the needed labels indicating the hazards of FPBO.

2.7.9 Training of installers of FPBO boilers It may be of interest that the Renewable Energy Directive (2009/28/EC, Art. 14.3) requires Member States to provide certification schemes for installers of among others small-scale biomass boilers. These schemes may take into account existing schemes sand structures as appropriate. Annex IV provides details on the training to be offered, including both theoretical and practical parts. The certification can be voluntary, but Member States have to facilitate the setup of a training programme with the possibility to obtain the status of certified installer.

2.8 Conclusions and possible solutions So far, the following obstacles have been identified at EU level25:

Uncertainty whether FPBO falls under the European definition of biomass relevant for emission legislation; interpretation seems to vary between Member States. This has impact on permit requirements and emission limits.

There are European emission limits for small FPBO boilers as these are only available for boilers >1 MWth, while small FPBO boilers formally do not fall under the Ecodesign Directive. This means that emission limits need to be assessed at Member State level; If emission limits not available in national legislation, the competent authority has to determine it on a case by case basis, creating uncertainty.

Uncertainty whether FPBO produced from clean biomass waste (prunings, etc.) can obtain the product status.

Uncertainty whether PO boilers can be exempted from environmental permit procedure.

25

Specific obstacles at national level will be identified in the Residue2Heat project for Germany, Austria, Italy, France, Great Brittain


3 Current legislation on FPBO for residential heating in Germany

3.1 Definitions and classifications

3.1.1 FPBO biomass or not The European definition of biomass as found in the Medium Combustion Plants Directive (MCPD) (2015/2193/EC) and the Industrial Emissions Directive (IED) (2010/75/EU) is used in the German regulation on large combustion plants with a capacity of 50 MW and more (13.BImSchV) and in the German regulation on waste incineration (17.BImSchV). If pyrolysis oil is produced from waste that does not meet the European definition of biomass, it would fall under the German waste legislation (17. BImSchV) and its emission limits. This should be the same throughout the EU28. However, the question whether pyrolysis oil is biomass (following the European definition) or a liquid fuel does not impact the established emission limits, and is thus not directly relevant in the German environmental legislation on FPBO heating. The term “Nachwachsende Rohstoffe” is used once in 1.BImSchV (covering small combustion systems), it means renewable raw material, but is not linked to the EU definition of biomass. The term biomass is not used in 1. BImSchV and 4. BlmSchV (installations requiring an environmental permit). The draft TA Luft of 2016 provides emission limits for liquid fuels in general without making a distinction between biomass and other fuels.

3.1.2 End of waste status The German Waste Management Act (Kreislaufwirtschaftsgesetz, KrWG)26 § 5 states - similarly as described in the European Waste Framework Directive - that certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, operation and complies with specific criteria to be developed in accordance with the following conditions:

(a) the substance or object is commonly used for specific purposes; (b) a market or demand exists for such a substance or object; (c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and

(d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Further procedures can be worked out by the Federal government. An overview of end-of-waste issues by Weyer (2014)27 shows that at federal and state level legislation is developed on end-of-waste status of products such as old bread (if used for fodder), old tyres (if used for specific purposes). Weyer (2014) also states that at that time no end-of-waste status was provided to waste derived fuels. It seems that there is no national contact point to which individual companies can direct themselves to propose new end-of-waste products, like is the case in for instance in the Netherlands and the UK.

26

Gesetz zur Förderung der Kreislaufwirtschaft und Sicherung der umweltverträglichen Bewirtschaftung von Abfällen (Kreislaufwirtschaftsgesetz - KrWG); "Kreislaufwirtschaftsgesetz vom 24. Februar 2012 (BGBl. I S. 212), das durch Artikel 2 Absatz 9 des Gesetzes vom 20. Juli 2017 (BGBl. I S. 2808) geändert worden ist". 27

Weyer, G. (2014) Abfall, Nicht-Abfall und Abfallende Praktische Beispiele und Vollzugshinweise, Dipl.-Ing. Gunther Weyer, 13. Veranstaltung „Umweltrecht aktuell“ zu „Aktuellen Entwicklungen im Abfallrecht“ am 10.07.2014 in Hannover, Niedersächsisches Ministerium für Umwelt, Energie und Klimaschutz.


3.1.3 Classification as fuel Classification of pyrolysis oil is relevant for installations as fuel is relevant for FBPO boilers with a capacity of less than 100 kW, which fall under the Ordinance on small and medium combustion plants (1.BImSchV). In order to prevent the occurrence of high pollutant emissions by unsuitable fuels – e.g. treated wood or other waste, 1.BImSchV §3(1) contains a limited list of solid, liquid and gaseous fuels, which may be used in the installations concerned. Of course, pyrolysis oil as such is not listed, but may be classified as fuel (§3 point 13 of the 1.BlmSchV) being “other renewable raw materials that meet the requirements of §3, point 528”. These requirements are:

1. Standardized quality requirements must be met for the fuel; 2. The emission limit values according to Annex 4 (2) shall be complied with under test conditions; 3. When using the fuel, no higher emissions of dioxins, furans and polycyclic aromatic hydrocarbons

than in the combustion of wood should occur. This must be proven by means of at least one annual measurement program at the intended combustion installation;

4. When using the fuel the emission limits for particle matter and carbon monoxide as found in § 5 point 1 must be complied with. Again, this must be proven by means of at least one annual measurement program at the intended combustion installation.

The emission limits are further described in section 3.3 and the approval procedure for the fuel in section 3.5. For installations with a capacity of 100 kW and more an environmental permit needs to be obtained (4.BImSchV), and classification of PFBO as fuel is not needed.

3.2 Air quality regulations Since vehicle traffic is a major factor contributing to air pollution by particulate matter in urban areas, a number of Germany’s cities have designated low emission zones (LEZ) whose purpose is to improve the air quality within these zones and thus protect public health. Regarding household heating systems, national emission limits are established for small heating systems (1.BImSchV), but no specific zoning system is in place that would enforce stricter regulations in urban areas or environmental zones, compared to the other parts of the country.

3.3 Emission limits The emission limits for small boilers (20-100 kW, not subject to licencing), and larger boilers (>100 kW, subject to licencing) are described below. Emission limits for FPBO boilers of 20-100 kW not subject to licencing The Ordinance on small and medium combustion plants (in German: 1. BImSchV29) regulates the operation of combustion plants which are not subject to the licensing requirement of § 4 of the BImSchG30. As indicated in section 0, only fuels are allowed that:

meet the emission limits of Annex 4 (2);

meet the emission limits of § 5 point 1, and;

do not have higher emissions of dioxins, furans and polycyclic aromatic hydrocarbons than with the combustion of wood.

Annex 4 (2) provides the following emission limits:

Nitrogen dioxide: 0.5 g/m3 @ 13% O2, which is 1125 mg/Nm3 @ 3% O2

Carbon monoxide: 0.25 g/m3 @ 13% O2, which is 563 mg/Nm3 @ 3% O2

Dioxins and furans: 0.1 ng/m3@ 13% O2, which is 0.2 ng/Nm3 @ 3% O2

28

In German: sonstige nachwachsende Rohstoffe, soweit diese die Anforderungen nach Absatz 5 einhalten. 29

1. BImSchV: Verordnung über kleine und mittlere Feuerungsanlagen vom 26. Januar 2010 (BGBl. I S. 38), die durch Artikel 77 der Verordnung vom 31. August 2015 (BGBl. I S. 1474) geändert worden ist. 30

BImSchG: Bundes-Immissionsschutzgesetz in der Fassung der Bekanntmachung vom 17. Mai 2013 (BGBl. I S. 1274), das zuletzt durch Artikel 3 des Gesetzes vom 18. Juli 2017 (BGBl. I S. 2771) geändert worden ist.


In this annex no reference oxygen content is given. It is assumed that the reference oxygen content should be 13% as stated in § 4 (2) for solid biomass. Paragraph 5 (1) shows the following emission limits within the range of 4 - 100 kW, relevant for part of the FPBO boilers to be developed in the Residue2Heat project (20 – 200 kW):

Particle matter: 0.02 g/m3 @ 13% O2, which is 45 mg/Nm3 @ 3% O2

Carbon monoxide: 0.4 g/m3 @ 13% O2, which is 900 mg/Nm3 @ 3% O2.

The reference oxygen content in the exhaust gas is 13%, as stated in § 4 (2). The fuels may only be used in automatic loading combustion plants which according to the manufacturer are suitable for these fuels, and which were tested with the respective fuels within the framework of the type test pursuant to Article 4 (7) of the BImSchV (see section 3.5). Emission limits for FPBO boilers of 100-200 kW subject to licencing TA Luft of 200231 is the currently valid source of emission limits for installations smaller than 50 MW that require an environmental permit. Section 5.4 of TA luft 2002 provides “Special provisions for certain types of installations”, i.e. emission limits for a number of installations and fuels. The category “other liquid fuels” (of category 1.2.4 of 4. BImSchV, see section 3.4.1) is not included in this list, which means that the extensive general provisions of TA Luft would need to be applied. However, TA Luft 2002 currently undergoes a thorough revision, and in September 2016 a Draft new TA luft was published32. Section 5.4.1.2 includes draft emission limits that are valid for liquid fuels that fall in category 1.2.4 of 4.BImSchV, including pyrolysis heating in the range of 100-200 kW. The emission limits are as follows:

Total dust (particulate matter): 20 mg/Nm3 @ 3% O2

Carbon monoxide: 80 mg/Nm3 @ 3% O2

Ammonia (in case of SCR or SNCR) 10 mg/Nm3 @ 3% O2

Nitrogen dioxide 200 mg/Nm3 @ 3% O2.

Four months after installation the first measurements of the emissions will take place. The emission limits for FPBO boilers >100 kW are much stricter than the emission limits for small boilers, i.e. 200 versus 1195 mg/Nm3 NOx; 20 versus 45 mg/Nm3 dust; and 80 versus 563 mg/Nm3 CO, respectively. This is explainable as the emission limits of the 1.BImSchV relevant for 20-100 kW are aligned for combustion of solid fuels while the limits of draft TA Luft (version October 2016) are specific for combustion of liquid fuels.


3.4.1 Emission control permit (environmental permit) The Federal Emission Control Act (BlmSchG) is the leading legislation that regulates the need and content of an environmental permit. It does not only control emissions, as the title of this act suggests, but also most of the other permitting elements necessary to conduct and operate an industrial facility, such as building permits, nature protection permits, occupational safety and health issues (Clifford Change 2012)33.

31

TA Luft 2002: Erste Allgemeine Verwaltungsvorschrift zum Bundes–Immissionsschutzgesetz (Technische Anleitung zur Reinhaltung der Luft – TA Luft) Vom 24. Juli 2002, Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit. http://www.bmub.bund.de/fileadmin/Daten_BMU/Download_PDF/Luft/taluft.pdf 32

TA Luft (draft 2016): Entwurf zur Anpassung der Ersten Allgemeinen Verwaltungsvorschrift zum Bundes–Immissionsschutzgesetz (Technische Anleitung zur Reinhaltung der Luft – TA Luft), Entwurf Stand: 09.09.2016, Bundesministerium für Umwelt, Naturschutz, Bau und Reaktorsicherheit http://www.bmub.bund.de/fileadmin/Daten_BMU/Download_PDF/Luft/taluft_entwurf_bf.pdf 33

Clifford Change (2012) Q&A on environmental law in Germany.

http://www.bmub.bund.de/fileadmin/Daten_BMU/Download_PDF/Luft/taluft.pdf

http://www.bmub.bund.de/fileadmin/Daten_BMU/Download_PDF/Luft/taluft_entwurf_bf.pdf


Two regulations under the Emission Control Act, namely the Regulation on installations requiring a license (4.BlmSchV)34 and the Regulation for small to medium combustion plants (1.BlmSchV) are relevant for FPBO heating. Annex 1 of the 4.BlmSchV is a list of installation that require an environmental permit. FPBO heating of 100 kW and more falls within category 1.2.4 “other than in category 1.2.1 and 1.2.3 mentioned solid or liquid fuels with a heat power of 100 kW - 50 MW. It means that FPBO boilers with a capacity of 100-200 kW require an environmental permit. The simplified procedure without possibility of public participation as described in Article 19 of the BlmSchG can be followed. For smaller FPBO boilers with a capacity of 20-100 kW, no environmental permit is needed, but the emission limits and testing procedures of the 1.BlmSchV need to be followed. A permit for construction and operation of an installation requiring a permit shall only be granted if it is ensured that the installation is constructed and operated in a way that a) the air pollution originating from the installation cannot induce harmful environmental effects for the general public and the neighbourhood and b) precautionary measures have been taken against harmful environmental effects, which may be caused by air pollution originating from this installation (TA Luft section 3.1).

3.4.2 Building permit A building permit (Baugenehmigung) is required for the construction, alteration, demolition, or change in use of a building. The building permit is granted if the project complies with the planning and building regulation law as well as with all other applicable laws (such as environmental laws). An application for a building permit must be submitted to the local building authority or the building supervisory authority (Bauamt). The application must include a detailed plan of the project, accompanied by necessary supporting documentation such as site plan, construction drawings, building specifications, and, where applicable, documentation regarding heating, noise prevention, and fire protection plans. The documentation required for the application must also be presented to adjacent property owners. German law recognizes the principle of procedural merger. In order to simplify and coordinate the permit procedure, the emission control permit application procedure also includes the building permit process. Repeat procedures are therefore avoided and there is only one contact partner for the applicant35.

3.5 Requirements to installation and operation The 1. BlmSchV §4 (7) requires that the FPBO boiler may be operated only if, a type test of the manufacturer can be handed over, showing that under the required test conditions, the emission limit values according to Annex 4 (2) are complied with. In Germany, following the chimney sweeper law (Schornsteinfeger-Handwerksgesetz, SchfHwG)36 chimney sweepers have the authority to check the technical condition and emission limits of small heating systems that fall under (1.BImSchV) that don’t need an environmental permit, including small FBPO boilers of 20 - 100 kW. The tradition of chimney sweepers having an authorative position (they can legally enter the property without notice or consent, something policemen are not allow to), checking the proper working of heating devices dates back to the middle ages. Also today they have more prominent role than in other EU countries.

34

4. BlmSchV: Verordnung über genehmigungsbedürftige Anlagen in der Fassung der Bekanntmachung vom 31. Mai 2017 (BGBl. I S. 1440)" https://www.gesetze-im-internet.de/bimschv_4_2013/4._BImSchV.pdf 35

Source: https://www.gtai.de/GTAI/Navigation/EN/Invest/Investment-guide/The-legal-framework/planning-and-building,t=building-permits,did=6834.html 36

SchfHwG: Gesetz über das Berufsrecht und die Versorgung im Schornsteinfegerhandwerk (Schornsteinfeger-Handwerksgesetz) "Schornsteinfeger-Handwerksgesetz vom 26. November 2008 (BGBl. I S. 2242), das durch Artikel 1 des gesetzes vom 17. Juli 2017 (BGBl. I S. 2495) geändert worden ist".

https://www.gesetze-im-internet.de/bimschv_4_2013/4._BImSchV.pdf

https://www.gtai.de/GTAI/Navigation/EN/Invest/Investment-guide/The-legal-framework/planning-and-building,t=building-permits,did=6834.html

https://www.gtai.de/GTAI/Navigation/EN/Invest/Investment-guide/The-legal-framework/planning-and-building,t=building-permits,did=6834.html


4 Current legislation on FPBO for residential heating in Austria


4.1.1 FPBO biomass or not Like elsewhere in the EU28, biomass as defined in the European Medium Combustion Plants Directive (MCPD) (2015/2193/EC) and the Industrial Emissions Directive (IED) (2010/75/EU) (see section 2.1.1) is excluded from the strict emission regime of waste incineration plants. In case of Austria this exclusion of biomass is found in §2(2) of the ‘Abfallverbrennungsverordnung (AVV)’37. This European definition of biomass is not used in other emission regulations. Therefore, as long as FPBO is produced from biomass as defined in the EU emission regulations, there is no need to discuss the issue whether the pyroly sis oil from this pyrolysis oil can also be classified as biomass. More important is the question whether FPBO classifies as “standardised biogenic fuel”, see section 4.1.3.

4.1.2 End of waste status According to the Abfallwirtschaftsgezetz (AWG)38 (§5) the Federal Ministry of agriculture, forestry, environment and water management (Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft) is allowed to determine whether waste can have the end of waste status, following EU Directive 2008/98/EG. Requests for end of waste status of a particular type of waste can be sent to the Ministry, and have to meet requirements as described in AWG §5(5).

4.1.3 Classification as fuel Classification of FPBO oil as “standardised biogenic fuel” is needed if small scale FPBO boilers are brought on the market in Austria. Standardised biogenic fuels are defined as: fuels that have solely or predominantly natural matter as starting material for which the essential combustion technology related quality aspects (for instance water content, nitrogen content) have been arranged in standards (for example cleft timber, wood pellets, biogenic heating oil)39(See Art 15a B VG on small scale heating systems40, Article 2.27). Therefore, in order to be accepted as a fuel in Austria, the FPBO should meet the limits of for instance a CEN standard on the quality of pyrolysis oil. Moreover, Article 16 of Art 15a B VG states that fuels can only combusted if specific requirements are met. For “other” standardised biogenic fuels (FPBO) it is stated that the fuel should not consist of materials that have been treated with wood preservatives or halo-organic compounds or heavy metals. The total chlorine content of these fuels should not be higher than 1500 mg/kg dry matter. Please note that there is also a limited list of “non-standardised biogenic fuels”, consisting of straw, oil seeds, plant oil, biogas, sewage gas, wood gas, landfill gas, remainings from wooden materials. This list has no category “other”, therefore it seems to be better to go for introduction of FPBO as “standardised biogenic fuel”. Please note that installations that require an environmental permit, or fall under waste regulation may be exempted from the requirement of Article 16 of Art 15a B VG for acceptance as fuel. However, the need of an environmental permit or dealing with waste regulations is not desirable for small scale heating systems.

37

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20002239 38

Bundesgesetz über eine nachhaltige Abfallwirtschaft (Abfallwirtschaftsgesetz 2002 – AWG 2002) StF: BGBl. I Nr. 102/2002 (NR: GP XXI RV 984 AB 1008 S. 94. BR: 6576 AB 6584 S. 685.) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20002086 39

In German: Brennstoffe, die ausschließlich oder überwiegend naturbelassene erneuerbare Materie als Ausgangsmaterial haben und deren wesentliche verbrennungstechnische Qualitätsmerkmale (zB Wassergehalt, Stickstoffgehalt) in Normen geregelt sind (zB Stückholz, Holzpellets, biogene Heizöle) 40

Vereinbarung gemäß Art 15a B VG über das Inverkehrbringen von Kleinfeuerungen und die Überprüfung von Feuerungsanlagen und Blockheizkraftwerken StF: LGBl Nr 1/2013. See https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrSbg&Gesetzesnummer=20000826

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20002239


https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=LrSbg&Gesetzesnummer=20000826


4.2 Air quality regulations The Air quality act ‘Immissionsschutzgesetz-Luft (IGL)41’ allows the Federal government to set emission limits for categories of activities that require an environmental permit, and also for activities that do not require such a permit if they emit substantial emissions. The emissions of small scale installations is however already regulated in the “Art 15a B VG” on small heating systems as further discussed in the next section.

4.3 Emission limits The emission limits of small heating systems with a maximum capacity of 400 kW only used for space heating and hot water that do not need an environmental permit can be found in “Art 15a B VG” on small heating systems. The following emission limits are found in Article 4 for “standardised biogenic fuels” like pyrolysis oil:

CO: 20 mg/MJ, which is about 66 mg/Nm3 @ 3% O2

NOx: 120 mg/MJ, which is about 400 mg/Nm3 @3% O2

VOS (sum of volatile organic substances): 6 mg/MJ, which is about 20 mg/Nm3

Smoke spot number: 1

The smoke spot number (Russzahl) is the degree a filter paper get dark caused by the combustion of from the heating system originating and emitted solid particles. This is a qualitative check. Moreover, minimum thermal efficiencies are determined for different applications:

84% for space heating (> 10 kW);

78.7 + 4 log Pn* % for hot water systems (>12 kW)

72.3 + 7.7 log Pn* % for central heating systems (10- 200 kW)

* Pn is the rated capacity of the heating system in kW. In cases where the FPBO boiler is used by a company, the heating systems regulation (Feurungsanlagen Verordnung, FAV)42 describes the emission limits of commercially operated installation within the range of 50 kW - 50 MW requiring an environmental permit. Standardised biogenic fuels need to meet the following emission limits:

CO: 100 mg/Nm3 @ 3% O2

NOx: 150 mg/Nm3 @ 3% O2

The NOx emissions are much stricter than for small heating systems that do not need an environmental permit, which can be explained by the fact that the FAV directs itself in principle to larger installations.

4.4 Permit requirements Households do not need an environmental permit for having a heating installation with a capacity up till 400 kW. These installations fall under the Art 15a B VG on small heating systems. The Austrian trading regulation (Gewerbeordnung 1994; GewO)43 determines which commercial activities are required to have an environmental permit. In fact all commercial activities need a permit except those indicated in GewO § 2. Biomass heating systems up till 4 MW are exempted from the permit obligation if

41

Bundesgesetz zum Schutz vor Immissionen durch Luftschadstoffe (Immissionsschutzgesetz – Luft, IG-L) StF: BGBl. I Nr. 115/1997 (NR: GP XX RV 608 AB 681 S. 74. BR: AB 5454 S. 627.) https://www.ris.bka.gv.at/GeltendeFassung/Bundesnormen/10011027/IG-L%2c%20Fassung%20vom%2006.12.2017.pdf 42

Verordnung des Bundesministers für wirtschaftliche Angelegenheiten über die Bauart, die Betriebsweise, die Ausstattung und das zulässige Ausmaß der Emission von Anlagen zur Verfeuerung fester, flüssiger oder gasförmiger Brennstoffe in gewerblichen Betriebsanlagen (Feuerungsanlagen-Verordnung - FAV) StF: BGBl. II Nr. 331/1997 (CELEX-Nr.: 388L0609 und 394L0066). https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007873 43

Gewerbeordnung 1994 – GewO 1994 StF: BGBl. Nr. 194/1994 (WV) https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517

https://www.ris.bka.gv.at/GeltendeFassung/Bundesnormen/10011027/IG-L%2c%20Fassung%20vom%2006.12.2017.pdf

https://www.ris.bka.gv.at/GeltendeFassung/Bundesnormen/10011027/IG-L%2c%20Fassung%20vom%2006.12.2017.pdf




carried out as side activity in agriculture and forestry if there is no by pipeline transported energy carrier with the exception of electricity (in short natural gas connection) is available at this location. All other biomass heating systems operated commercially will need a permit.

4.5 Requirements to installation and operation The Art 15a B VG on putting into circulation of small heating systems and approval of heating systems and block heating (Art15a B VG) regulates the testing requirements to small heating systems in Austria. It concerns legislation agreed between the Federal government and different States within Austria (the Länder) which need to be implemented in State law. Requirements of bringing the FPBO heating system on the market Regarding the testing of small heating systems (up till 400 kW) the following test conditions have been defined, as relevant for small scale FPBO heating (see Art 15a B VG, article 6-9):

Testing of emissions and efficiency of the boilers needs to follow state of the art test procedures, taking into account relevant Önormen and other equivalent technical standards used within the EU.

The emission limits need to be tested at rated capacity and at the lowest by the manufacturer indicated partial load of heat delivery.

The NOx emission limits are related to a nitrogen content of 140 mg/kg, and varies if the fuel bound nitrogen content is higher or lower. If the nitrogen content of “heating oil” (Heizöl) is more than 140 mg/kg fuel, the emission limit for NOx can be adjusted: for each additional mg organic bound nitrogen in the fuel (above 140 mg/kg fuel), the emission limit can be increased with 0.06 mg/MJ, with a maximum of 130 mg/MJ. If the organic bound nitrogen content is lower than 140 mg/kg fuel, the emission limit should be lowered with 0.06 mg/MJ. (Art 15a B VG, article 6(4)). Please note that Article 6(4) mentions “heizöl” (heating oils), while the emission limits in Article 4 mention “flüssige brennstoffe” (liquid fuels) divided in “standardised biogenic fuels” and “fossil fuels”. It is assumed that standardised biogenic fuels are included in the term “heizöl”, but this is not completely sure as the term heizöl is not further defined in Art 15a B VG; though it occurs in Article 16 in the table of allowed fuels.

A test report has to be produced for each model of heating system. Each installation should show the efficiencies and a CE mark following EU Directive 92/42/EC.

Each heating system should be delivered with technical documentation in German showing technical information as further described in Art 15a B VG Article 8, e.g. emissions, date and number of test report, conformity declaration, etc.

The type plate has to meet the requirements as stated in Art 15a B VG Article 9.

Regular emission measurements Following Art 15a B VG Article 18(1)2 four weeks after installation of the boiler and subsequently each two years installations with standardised biogenic fuels (like FPBO) the emissions have to be measured, and a test report prepared that the owner should keep at least until the next emission test.


5 Current legislation on FPBO for residential heating in Italy


5.1.1 FPBO biomass or not Like elsewhere, the EU definition of biomass is used to exempt clean biomass from waste incineration regulations. A second definition of biomass, used to define whether biomass can be applied as a fuel for civil and industrial heating installation can be found in Decree 152/06 on environmental provisions, Part V, Annex X, part II, section 4: and goes as follows44.

a) Plant material produced from dedicated crops; b) Plant material produced by solely mechanical treatment, washing with water or drying of non-

dedicated grown agricultural crops. c) Plant material produced by silvicultural interventions, forest maintenance and pruning; d) Plant material produced exclusively by mechanical processing and treatment with air, steam or

water, also overheated of virgin wood, bark, sawdust, shavings, chips, trimmings and stumps of virgin wood, granulates and waste of virgin wood, granulates and waste of virgin cork, rods, not contaminated with pollutants;

e) Plant material produced by the exclusively mechanical processing of agricultural products f) De-pomified olive pomace (…) [that need to meet certain characteristics are further described in

point 3 of Annex X, part II, section 4]

Given that only mechanical treatment, washing and drying are explicitly mentioned as pre-treatment methods, pyrolysis oil does not fall under this definition. This observation was also made by (Migliavacca 2016)45 of Innovhub.

5.1.2 End of waste status In Italy, the end-of-waste status has been established for solid recovered fuel (SRF), providing it a product status if the SRF meets certain quality criteria established in UNI CEN/TS 15359/2011. This change has been incorporated in Decree 152/06 on environmental provisions (see article 183 and further). For more information on the specific issue of product status of SRF see Paolo and Paolo (2015)46. No simple procedure was found to obtain end of waste status of substances; like in case of SRF most probably the law needs to be changed to allow new substances produced from waste to have the end of waste status.

44 Original Italian text: a) Materiale vegetale prodotto da coltivazioni dedicate;

b) Materiale vegetale prodotto da trattamento esclusivamente meccanico, lavaggio con acqua o essiccazione di coltivazioni agricole non dedicate;" e la lettera e) e' sostituita dalla seguente: "e) Materiale vegetale prodotto da trattamento esclusivamente meccanico, lavaggio con acqua o essiccazione di prodotti agricoli.)) c) Materiale vegetale prodotto da interventi selvicolturali, da manutenzione forestale e da potatura; d) Materiale vegetale prodotto dalla lavorazione esclusivamente meccanica e dal trattamento con aria, vapore o acqua anche surriscaldata di legno vergine e costituito da cortecce, segatura, trucioli, chips, refili e tondelli di legno vergine, granulati e cascami di legno vergine, granulati e cascami di sughero vergine, tondelli, non contaminati da inquinanti; e) Materiale vegetale prodotto dalla lavorazione esclusivamente meccanica di prodotti agricoli

f) Sansa di oliva disolcata avente le caratteristiche riportate nella tabella seguente, ottenuta dal trattamento delle sanse vergini con n-esano per l'estrazione dell'olio di sansa destinato all'alimentazione umana, e da successivo trattamento termico, purche' i predetti trattamenti siano effettuati all'interno del medesimo impianto; tali requisiti, nel caso di impiego del prodotto al di fuori dell'impianto stesso di produzione, devono risultare da un sistema di identificazione conforme a quanto stabilito al punto 3: 45

G. Migliavacca (2006) Personal communication of Prof. Alessio Frassoldati, Politecnico di Milano with Gabriela Miliavacca of Innovhub on 17

th October 2016.

46 Paolo M., and M. Paolo (2015) RDF: from waste to resource – the Italian case, Energy Procedia 81 ( 2015 ) 569 – 584

ScienceDirect 69th Conference of the Italian Thermal Machines Engineering Association, ATI2014 ATIA-ISWA Italia , Via Cavour 183/A,00184 Rome (Italy).


5.1.3 Classification as fuel In Italy heating plants are subject to Decree 152/06 on environmental provisions47. As stated in article 293 on permissible fuels (combultibili consentiti) heating plants can only use the fuels that are defined in Annex X (part I, section 1) of part V of Decree 152/06. The article states that this is also the case for energy generation below the threshold value of 35 kW48. All fuels that are not defined in Annex have to follow the rules for waste incineration, even if it is formally not waste. The list in Annex X includes biomass and firewood. As analysed in section 5.1.1, Pyrolysis oil does not fall under this definition of biomass. Furthermore, Annex X provides a list of specific fossil fuels that allowed, and unfortunately no general terms like “liquid fuel” were used under which pyrolysis oil could fall. Therefore it is concluded that pyrolysis oil is not classified as fuel. No specific procedure was found to introduce new fuels, which means that the Decree 152/06 would need to be changed in order to allow pyrolysis oil combustion on the market. There might be one possibility to avoid the need to change the law: Annex X (part I, section 1 under 2) describes that the energy conversion of biomass can be carried out through direct combustion that is after pyrolysis or gasification49. If the pyrolysis mentioned in this sentence could be regarded as a separate process instead of an integral phase of the combustion process, this would open the door for small scale FPBO utilisation, applying the emission limits for small bioenergy plants, without the need to change the law. This needs to be further investigated.

5.2 Air quality regulations The presentation of Tava (2015) shows that regions are allowed to put stricter emission limits for (biomass) combustion plants than the national baseline emissions. This can be regarded as a way air quality is controlled in Italy.

5.3 Emission limits In the next figures the national and regional emission limits for biomass, as defined in Annex X (part I, section 1) of part V of Decree 152/06 for NOx, SOx, dust and CO are shown. These emission limits are currently not valid for pyrolysis oil, as pyrolysis oil is not defined as a fuel in Annex X. However, it gives some indication on what emission limits could be expected if pyrolysis oil would be allowed as fuel. It is important to observe that the regional limits are generally a bit stricter than the national emission limits for Italy.

47

Decreto Legisativo 3 aprile 2006, n. 152, Norme in materia ambientale, pubblicato nella Gazzetta Ufficiale N. 88 del 14 aprile 2006 – suppl. Ord. n. 96. http://www2.unibas.it/spp/files/Download/TU%20152-06.pdf 48

Below this threshold the emission limits of Decree 152/06 do not apply. 49

Original text: 2. Condizioni di utilizzo; 2.1 La conversione energetica della biomasse di cui al paragrafo 1 puo' essere effettuata attraverso la combustione diretta, ovvero previa pirolisi o gassificazione.

http://www2.unibas.it/spp/files/Download/TU%20152-06.pdf


Figure 1: Emission limits for NOx in Italian biomass plants. The x axis shows the capacity in MW, the y axis the emission limit in mg/Nm

3 @ 11% O2. Source: Tava (2015)

50

Figure 2: Emission limits for particle matter in Italian biomass plants. The x axis shows the capacity in MW, the y axis the emission limit mg/Nm

3 @ 11% O2. Source: Tava (2015)

50

Tava, M. (2015) BIOMASSA: OPPORTUNITA’ PER LO SVILUPPO SOSTENIBILE? Biomasse combustibili e limiti di emissione: Normativa e prospettive, Maurizio Tava, APPA – Responsabile per lo studio e l’analisi dei processi tecnologici e produttivi, VENERDI’ 5 GIUGNO 2015 – TAIO (TN), SALA CONVEGNI C.O.CE.A.


Figure 3: Emission limits for SOx emissions in Italian biomass plants. The x axis shows the capacity in MW, the y axis the emission limit mg/Nm

3 @ 11% O2. Source: Tava (2015)

Figure 4: Emission limits for carbon monoxide emissions in Italian biomass plants. The x axis shows the capacity in MW, the y axis the emission limit mg/Nm

3 @ 11% O2. Source: Tava (2015)


5.4 Permit requirements Not specific permits are required for conventional small scale boilers, except some declaration to local bodies. Storage tanks for fuels are subjected to the authorization of fire department, if exceeding some limit volume (Miliavacca 2016).

5.5 Requirements to installation and operation CE marking, and related testing, is required for those appliances falling under some specific European Directives. Periodic maintenance is required for conventional boilers; inspections by local authorities are possible (Miliavacca 2016).


6 Current legislation on FPBO for residential heating in France


6.1.1 FPBO biomass or not The French environmental legislation including the relevant Decree of 24/09/1351 uses the following European definition of biomass: ‘biomass’ means any of the following:

(a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content;

(b) the following waste: (i) vegetable waste from agriculture and forestry; (ii) vegetable waste from the food processing industry, if the heat generated is recovered; (iii) fibrous vegetable waste from virgin pulp production and from production of paper from

pulp, if it is co-incinerated at the place of production and the heat generated is recovered; (iv) cork waste; (v) wood waste with the exception of wood waste which may contain halogenated organic

compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste.

This definition of biomass is not used only to exempt biomass from waste incineration legislation, it is also used to determine what permitting and emission regime should be applied, which can be different for biomass and non-biomass fuels. The question whether pyrolysis oil is biomass or not is relevant in the French context.

6.1.2 End of waste status End of waste status can be obtained by companies by obtaining an authorisation or declaration from the competent authorities. Article L. 541-4-3 du code de l'environnement (Ordonnance n° 2010-1579 du 17 décembre 2010, article 4) states the following: A waste ceases to be waste after being treated in a facility referred to in Article L. 214-1 subject to authorization or declaration or in an installation referred to in Article L. 511-1 subject to authorization, for registration or declaration and to have undergone a recovery operation, in particular recycling or preparation for reuse, if it meets criteria fulfilling all the following conditions: "- the substance or object is commonly used for specific purposes; "- there is a demand for such a substance or object or it responds to a market; "- the substance or object fulfills the technical requirements for specific purposes and complies with product legislation and standards; "- its use will not have any overall effects harmful to the environment or human health. "These criteria are set by the competent administrative authority. They include, where appropriate, pollutant limit values and are set taking into account the harmful effects of the substances or the object on the environment. "The detailed rules for the application of this article are fixed by decree. "

51

Decree of 24/09/13on requirement for biomass the general requirements applicable to installations covered by the registration procedure under heading No. 2910-B of the nomenclature of classified installations for the protection of the environment. https://aida.ineris.fr/consultation_document/27539

https://aida.ineris.fr/consultation_document/27539


6.1.3 Classification as fuel The French law does not have an exhaustive list of fuels that are allowed on the market (like in Italy). The permitting regime has a category 2910-B which includes all fuels that are not waste for waste incineration plants, biomass according to the definition of biomass, or biogas. By using class 2910-B pyrolysis oil can in principle be brought on the market.

6.2 Air quality regulations Air quality regulations are governed by the code of the environment (articles R222-13 to R222-36). The plans for the protection of the atmosphere gather the information necessary for the inventory and the evaluation of the air quality of the zone considered52.

6.3 Emission limits The applicable emission limit depend on the classification of FPBO as biomass, and on the type of biomass used.

If FPBO is regarded as biomass, and is produced from vegetable products from agriculture or forestry, vegetable waste from agriculture and forestry, cork waste or related sawmill products, no emission limits are formulated. This corresponds with category 2910-A in section 6.4.

If FBPO is regarded as biomass, and is produced from vegetable waste from the food processing industry, from fibrous vegetable waste from virgin pulp production or from paper production from pulp, or from clean wood waste, emission limits of biomass are applicable for capacities of more than 100 kW. This corresponds with category 2910-B in section 6.4.

If FPBO is not regarded as biomass, emission limits are applicable for capacities of more than 100 kW. This corresponds with category 2910-B in section 6.4.

The emission limits as found in the Decree of September 24, 2013 with further requirements on 2910-B facilities53, chapter 5 are displayed in Table 7. Please note that emission limits for small installations without national emission limits, are regulated by regional health regulations (“règlement sanitaire departmental”) (Voulgaraki et al. 2009)54 .

Table 7: Emission limits as applicable to pyrolysis oil with a capacity of 20-200 kW, in mg/Nm³ @ 3% O2. Source: Order of 24/09/13 on heading No. 2910-B, article 63 and 64

NOx SOx Dust CO Unit

Biomass 525 225 50 250 mg/Nm³

Other liquid fuels 550 850 50 100 mg/Nm³

Furthermore, article 67 provides a limit value for PHAs of 0.1 mg/Nm3 at 3%O2; and for NMVOC of 50 mg/Nm3 @ 3%O2. Also limits for HCl, HF and heavy metals are provided. Article 71 of the Decree of September 24, 2013 states that all necessary steps need to be taken to limit odours from the facility. In particular, the storage, handling and transportation of fuels and products that could be the source of odour emissions are channelled or appointed in confined spaces and ventilated if necessary.

52

http://www.installationsclassees.developpement-durable.gouv.fr/6-PPA.html 53

Order of 24/09/13 on general requirements for facilities under the registration regime under the heading No. 2910-B of the nomenclature of facilities classified for environmental protection. https://aida.ineris.fr/consultation_document/27539 54

Voulgaraki, S., A. Balafoutis, G. Papadakis (2009) MBP (Mixed Biomass Pellets WP 5), General framework, Pellet Atlas IEE project, Agricultural University of Athens, Greece https://pelletsatlas.info/wp-content/uploads/2015/09/Legal-Framework-For-MBP-Utilisation_MBP.pdf

http://www.installationsclassees.developpement-durable.gouv.fr/6-PPA.html


https://pelletsatlas.info/wp-content/uploads/2015/09/Legal-Framework-For-MBP-Utilisation_MBP.pdf

https://pelletsatlas.info/wp-content/uploads/2015/09/Legal-Framework-For-MBP-Utilisation_MBP.pdf


6.4 Permit requirements In France nomenclature ICPE55 is used to classify all kinds of installations and activities that require either a notification (déclaration), a registration (enregistrement) (light permit procedure) or an authorisation (authorisation) (full permit procedure), depending on the exceeding of threshold values56. For combustion processes the following classes could be relevant:

2910 combustion, excluding installations controlled by 2770, 2771 and 2971 o 2910-A Installations that use “commercial fuels”, including part of biomass o 2910-B Installations that use fuels not classified under 2910-A and 2910-C o 2910-C Biogas plants

2770 Thermal treatment of hazardous waste

2771 Thermal treatment plant for non-hazardous waste, excluding installations specified in 2971

2971 Plants for the production of heat or electricity from non-hazardous waste prepared in the form of solid recovered fuels in a facility provided for that purpose, whether or not associated with another fuel [RDF]

For FPBO heating with FPBO produced from biomass that falls in the European definition of biomass, only category 2910-A, and 2910-B are relevant. Their detailed classification is presented below57: 2910 Combustion, excluding installations controlled by 2770, 2771 and 2971

2910-A combustion plants, greater than 2 MW that (…) use biomass as defined as: o a [products consisting of any vegetable matter from agriculture or forestry which can be

used as a fuel for the purpose or recovering its energy content] or o b (i) [vegetable waste from agriculture and forestry] or in o b (iv) [cork waste]

of the definition of biomass,

o related sawmill products from b (v) [wood waste wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood

waste originating from construction and demolition waste]

of the definition of biomass or

o where the biomass is derived from waste within the meaning of Article L. 541-4-3 of the Code of the environment [meaning waste biomass that have obtained the end-of-waste status] except installations that already fall into another IPCE category.

This class is relevant if FBPO produced from the above types of biomass would be regarded as biomass. If this would be the case, no permit obligations would apply as the capacity of 20-200 kW is well below the threshold of 2 MW. 2910-B Combustion plants, where the products consumed - alone or in a mixture -

o are different from those referred to in A and C, or

are biomass as defined in

o b (ii) [vegetable waste from the food processing industry, if the heat generated is recovered] or

o b (iii) [fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered] or

55

Nomenclature des installations classes pour la protection de l’environment et taxe générale sure les activités polluantes https://www.enviroveille.com/public/documents/Nomenclature_ICPE_logo_23-11-2017.pdf 56

See http://www.installationsclassees.developpement-durable.gouv.fr/Regime-de-classement.html 57

And can be found here: https://aida.ineris.fr/consultation_document/10767

https://www.enviroveille.com/public/documents/Nomenclature_ICPE_logo_23-11-2017.pdf

http://www.installationsclassees.developpement-durable.gouv.fr/Regime-de-classement.html



o b (v) [wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste]

of the definition of biomass, and if the rated thermal power of the installation is:

Installations that have a capacity of 0.1 - 20 MW and use the in category 2910-B described types of biomass need to obtain a registration (enregistrement) (a light permit). This would be the case if pyrolysis oil from the mentioned types of biomass would be regarded as biomass. For all other installations between 0.1 – 20 MW authorisation is needed, and a full environmental permit procedure would need to be followed with a lead time of 10-12 months from the moment of the submission of a complete dossier. The permit requirements of category 2910-B can be found on https://aida.ineris.fr/consultation_document/27539. Table 6 summarises the permit requirements. If the French authorities regard FPBO as biomass, no permit would be needed. If not, FPBO heating installations of more than 100 kW would need a full environmental permit. It is recommended to check this situation in more detail within the frame of WP6 of Residue2heat.

Table 8 Summary of the permit situation when FBPO is regarded as biomass following the European definition, and when this would not be the case

Situation FBPO produced from Capacity Permit requirement

FPBO regarded as biomass Cat 2910-A biomass < 2 MW No permit, or notification

Cat 2910-B biomass 20 - 100 kW 100 – 200 kW

No permit, or notification Enregistrement (light permit)

FPBO not regarded as biomass

All biomass that meets EU definition, and all biomass with end of waste status

20-100 kW – no permit 100-200 kW authorisation (full environmental permit)

6.5 Requirements to installation and operation The order of 24/06/13 provides requirements to the installation, avoiding pollution and accidents as can be expected in a regular environmental permit. It can be found here: https://aida.ineris.fr/consultation_document/27539




7 Current legislation on FPBO for residential heating in the United Kingdom


7.1.1 FPBO biomass or not Like elsewhere in the EU, Biomass can generally fall into three categories depending on whether the fuel is classified as waste and whether it falls under the Waste Incineration Directive (WID) (Environmental protection 2010):

virgin fuels, e.g. fuels derived from fresh timber;

waste or waste derived fuels exempt from the WID (like agricultural residues), and

waste or waste derived fuels covered by the WID, e.g. treated wood waste. Pyrolysis oil will only be made of the virgin fuels and waste biomass exempt from the WID. These biomass types fall under the European definition of biomass as used in the Medium Combustion Plants Directive (MCPD) (2015/2193/EC) and the Industrial Emissions Directive (IED)58 (2010/75/EU) (see section 2.1). In some countries, like the Netherlands the issue whether pyrolysis oil produced from this specific definition of biomass is also biomass is highly relevant, as different emission regimes are established for biomass and other fuels. However, in the British Clean Air Act 1993, the most relevant legislation for emissions of small scale combustion, the word biomass is not mentioned even once. Since there no distinction is made between biomass and other fuels, the issue whether PFBO is biomass according to the European definition or not, does not play a role in the determination of emission limits. Only if the biomass is covered by the WID, it impacts the emission limits.

Within the UK the question whether FBBO falls under the European definition of biomass is not relevant.

7.1.2 End of waste status Like elsewhere in the EU, producers of products that are originally made of waste, and request for the end of waste status of their product. First is can be checked whether the product has reached end-of-waste status at EU level (see also section 2.3). Since this is not available for waste biomass derived products, an end of waste assessment needs to be made on the basis of the relevant case law on end of waste. A specific test has been developed that takes into account these case law requirements and assesses whether:

the waste has been converted into a distinct and marketable product, this means:

the waste has been turned into a completely new product, for example a playground surface is produced from waste tyres

the new product is different from the original waste (minor changes to its composition may not be sufficient), for example non packaging plastic recycled material is processed to make new plastic products

there is a genuine market for the material so it will definitely be used – if its stored indefinitely with little prospect for use the material remains waste

the processed substance can be used in exactly the same way as a non-waste

the processed substance can be stored and used with no worse environmental effects when compared to the material it is intended to replace.

More information can be found on https://www.gov.uk/guidance/turn-your-waste-into-a-new-non-waste-product-or-material. If you need to assess whether a material is waste or not (for instance a by product) in England the tool IsItWaste can be used, which is available on https://isitwaste.org/equal/en/#/.

58

DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 November 2010 on industrial emissions (integrated pollution prevention and control)

https://www.gov.uk/guidance/turn-your-waste-into-a-new-non-waste-product-or-material

https://www.gov.uk/guidance/turn-your-waste-into-a-new-non-waste-product-or-material

https://isitwaste.org/equal/en/#/


7.1.3 Classification as fuel The Clean Air Act 1993 distinguishes solid matter and liquid or gaseous matter. With the exception of oil fuel - being oil fuel is defined as any liquid petroleum product produced in a refinery - no distinction is made between fuel and non-fuel liquids. Pyrolysis oil can be combusted in furnace that is designed for this purpose, without a further need to obtain a fuel status. The further distinction made in the Clean Air Act between authorised fuels, which are allowed in smoke protected areas and “solid fuel” being as any solid fuel other than an authorised fuel, is not relevant for pyrolysis oil, as this only concerns solid matter.

In the United Kingdom is it not necessary to obtain a specific fuel status before introduction of FBPO on the UK market.

7.2 Air quality regulations Local air quality management The local air quality management (LAQM) regime requires individual local authorities to periodically assess air quality and identify locations within their boundary where the air quality objectives may be exceeded by their target dates. Where any such exceedances are predicted, and where there is relevant public exposure, local authorities have a duty to declare Air Quality Management Areas (AQMAs). Such designations are a statutory requirement and UK local authorities have a duty to work towards achieving the air quality objectives based upon standards for seven key pollutants. As shown by Figure 5 the AQMAs cover a large part of the UK. The legislative basis for LAQM in England, Scotland and Wales is the Environment Act 1995 and in Northern Ireland the Environment (Northern Ireland) Order 2002.

Figure 5: Air Quality Management Area (AQMA) interactive map. Source website DEFRA: https://uk-air.defra.gov.uk/aqma/maps

Following the designation of AQMAs, local authorities are required to develop Air Quality Action Plans (AQAPs) to identify and implement actions to improve air quality locally. Such plans require effective collaboration between authority departments and external agencies and stakeholders (e.g. SEPA, Transport Scotland and industry). Land-use planning and transport planning underpin the development of effective AQAPs. These plans can play a role when applying for a planning consent, as further described in section 7.4.1.

https://uk-air.defra.gov.uk/aqma/maps

https://uk-air.defra.gov.uk/aqma/maps


Smoke Control Areas The Clean Air Act provides the possibility to define smoke control areas. The areas can be found on http://uksmokecontrolareas.co.uk/. Figure 6 shows that smoke control areas can be found throughout the UK. Within smoke control areas it is not allowed to emit smoke from a chimney, unless an authorised fuel or “exempt appliance” is used. As discussed in section 7.3, this does not affect liquid fuels such as pyrolysis oil.

Figure 6: Location of smoke control areas in the United Kingdom. Source: http://uksmokecontrolareas.co.uk/

7.3 Emission limits The Clean Air Act 1993 is the primary regulatory legislation for smaller biomass burning plants with a capacity of below 20 MWth (thermal input). The Clean Air Act 199359 (Part I, art 1 (1)) prohibits the emission of dark smoke60 emitted from a chimney of any building. Within the Clean Air Act, the 20-200 kW pyrolysis boiler falls under the definition of “fixed boiler or industrial plant”, i.e. any boiler or industrial plant which is attached to a building or is for the time being fixed to or installed on any land (article 64). The FPBO boiler is not a domestic furnace, i.e. any furnace which is (a) designed solely or mainly for domestic purposes, and (b) used for heating a boiler with a maximum heating capacity of less than 16.12 kilowatts, because its capacity is 20-200 kW.

59 http://www.legislation.gov.uk/ukpga/1993/11/pdfs/ukpga_19930011_en.pdf 60

Dark smoke means smoke which, if compared in the appropriate manner with a chart of the type known on 5th July 1956 (the date of the passing of the Clean Air Act 1956) as the Ringelmann Chart, would appear to be as dark as or darker than shade 2 on the chart (Clean Air Act, Article 3(1)).

http://uksmokecontrolareas.co.uk/

http://uksmokecontrolareas.co.uk/

http://www.legislation.gov.uk/ukpga/1993/11/pdfs/ukpga_19930011_en.pdf


The Clean Air Act (Part II, Article 4 (2)) states that No furnace shall be installed in a building or in any fixed boiler or smokeless industrial plant unless the furnace is so far as practicable capable of being operated continuously without emitting smoke when burning fuel of a type for which the furnace was designed. Smoke includes soot, ash, grit and gritty particles emitted in smoke. So, any such furnace must be capable of being operated continuously without emitting smoke when burning fuel of a type for which the furnace was designed. There is no definition of ‘furnace’ but a practical interpretation of this word whenever it appears in clean air legislation is usually taken as “any enclosed or partly enclosed space in which liquid, solid or gaseous matter is burned, or in which heat is produced” (Environmental Protection UK 2010). The clean air act does not provide the actual emission limits, these have to found in the underlying regulations (Clean Air Act, Art 5). Furthermore, it is interesting to observe that Article 6 states that A furnace other than a domestic furnace [including the FPBO boiler] shall not be used in a for new non- building …(c) to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter, unless the furnace is provided with plant for arresting grit and dust which has been approved by the local authority or which has been installed in accordance with plans and specifications submitted to and approved by the local authority, and that plant is properly maintained and used. Given that the FPBO boiler has a capacity of 20-200 kW, which is less than 366.4 kW, no approval by a local authority is needed on the emission of grit and dust, or requirements to maintenance and use. Moreover, 10.(1) If a furnace in a building is used (…) to burn, at a rate equivalent to 366.4 kilowatts or more, any liquid or gaseous matter, the local authority may, by notice in writing served on the occupier of the building, direct that the provisions of subsection (2) below [prescribing: making and recording emission measures of grit, dust and fumes, making shall apply to the furnace, and those provisions shall apply accordingly. Requiring emission measurements is not required by local authorities if the capacity is below 366.4 kW, i.e. in case of small scale FPBO heating. Emission limits in smoke control areas – only for solid fuels Many parts of the UK are smoke control areas where you can’t emit smoke from a chimney unless you’re burning an authorised fuel or using ‘exempt appliances’, for example burners or stoves. Authorised fuels and except appliances are listed in https://smokecontrol.defra.gov.uk/search.php?type=appliances. These rules only apply to solid fuels combustion. Those that burn only liquid or gaseous fuels do not need an exemption, because these are authorised fuels when used in appliances designed to burn these fuels61. Obviously the pyrolysis oil boiler to be developed in the Residue2Heat project is designed to burn pyrolysis oil.

Table 9: Permitted smoke emission relevant for solid fuels, following BS PD6434:1969 Source: Ricardo-AEA (2012)

Appliance output (kW)

Permitted smoke emission

(g/h)

Appliance output (kW)

Permitted smoke emission

(g/h)

15 10 50 34

20 11.7 75 95

25 13.3 100 155

30 15 125 216

35 16.7 150 276

40 18.3 175 337

45 20 200 397

61

https://smokecontrol.defra.gov.uk/assets/documents/Application_Pack_Issue_3_FINAL.pdf

https://smokecontrol.defra.gov.uk/search.php?type=appliances



Although pyrolysis oil does legally not require an exemption, the emissions limits that the solid fuels need to meet are summarised in Table 9. The emission limits origin from British Standard BS PD 6434:1969 (Ricardo-AEA 2012)62. For appliances ≤ 44 kW smoke emissions should not exceed 5 g/h + 0.1g per 0.3 kW output of the appliance (Ricardo-AEA 2012). Emission limits for appliances with an output between 44 and 240 kW are interpolated between the limit at 44 kW in BS PD 6434 and the limit at approximately 240kW in the Clean Air Act (Emission of Grit and Dust from Furnaces) Regulations (SI 1971/162), which can be summarised as output (kW) x 2.42 – 86.9 (g/h). Ricardo-AEA (2012) also applies a concentration limit of 150 mg/m3 (dry gas at STP - 0°C, 101.3 kPa and at stack O2); emissions in excess of this concentration are typically visible and may give rise to complaints. Furthermore it is noted that the emission limits are applied to total particulate emission, and not for grid and dust. Besides smoke or particulate measurements, other parameters need to be measured to assure compliance with Clean Air Act requirements. Emission limits as found in the Renewable Heat Initiative (RHI) Any equipment that would like to make use of the subsidies provided by the Renewable Heat Initiative (RHI) has to obtain an Emission Certificate63. It should confirm that emissions of particulate matter (PM) do not exceed 30 grams of PM per gigajoule net heat input (the rate of heat which is supplied to the plant by the fuel used, and based on the net calorific value of that fuel), and NOx did not exceed 150 grams per GJ net heat input. This equals approximately64 495 mg NOx/Nm3 @ 3% O2 and 100 mg PM/Nm3 @ 3%O2.

It is concluded that in the UK small FPBO boilers in the range of 20-200 kW do not need to meet specific emission requirements, except that the emission of dark smoke emitted from a chimney of any building is prohibited, and - in general terms - the FPBO should be burned without (visible) smoke in a furnace that was designed for combustion of the fuel used. If the PFBO boiler will be used within the subsidy programme called Renewable Heat Initiative, emissions of PM should not exceed 30 g/MJ net heat input, and NOx should not exceed 150 g/GJ net heat input.


7.4.1 Planning consent In case of a new building, the installation of the FPBO boiler will be part of this development, and will require planning consent. When a biomass boiler or CHP unit is installed in an existing property planning permission is not normally needed if all of the work is internal. If - in Scotland65 - the installation requires an external flue it will normally be permitted as long as it (Environmental Protection UK 2010)66:

does not exceed 1 m above the roof height

in the case of land within a conservation area or a World Heritage Site, the flue would not be installed on the principal elevation of the building, and

it is not located in an Air Quality Management Area. If the project also requires an outside building to store fuel or related equipment the same rules apply to that building as for other extensions and garden outbuildings. Further information about permitted development is available on the Planning Portal website (https://www.eplanning.scot/ePlanningClient/).

62

Ricardo-AEA (2012) Application Pack, Appliance exemption from section 21 of the Clean Air Act 1993, Issue 3.0, https://smokecontrol.defra.gov.uk/assets/documents/Application_Pack_Issue_3_FINAL.pdf 63

See https://www.ofgem.gov.uk/key-term-explained/emission-certificate-rhi 64

Assuming LHV of 16 GJ/ton PO; 100% conversion efficiency on LHV basis; 44.6 mole/m3 air; 46 g/mole NOx; and

4850 Nm3 exhaust air per tonne combusted PO. Source: own calculations BTG-BTL.

65 Under the Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland)

Amendment Order 2009 66

Environmental Production UK (2010) Biomass and Air Quality Guidance for Scottish Local Authorities, http://www.iaqm.co.uk/text/guidance/epuk/biomass_guidance_scotland.pdf

https://www.eplanning.scot/ePlanningClient/


https://www.ofgem.gov.uk/key-term-explained/emission-certificate-rhi

http://www.iaqm.co.uk/text/guidance/epuk/biomass_guidance_scotland.pdf


7.4.2 Environmental permit The Environmental Permitting (England and Wales) Regulations 2016 (2016 No 1154)67 distinguish three types of installations: part A1/A2 includes combustion installations which have a capacity of 50 MW or more, and part B combustion installations with a capacity of 20-50 MW. Therefore, for small scale FPBO heating no environmental permit is needed in England and Wales, but general rules and an obligation for notification may apply. The Clean Air Act (Part II, article 4) requires that (1) no furnace shall be installed in a building or in any fixed boiler or industrial plant unless notice of the proposal to install it has been given to the local authority. Therefore an obligation to give notice of the installation of the small FPBO boiler exists.

7.5 Requirements to installation and operation In the UK, over a dozen pieces of legislation are relevant to the installation, operation, maintenance and decommissioning of biomass systems, including for example, the Construction (Design and Management) (CDM) Regulations 2007, the Pressure Systems Safety Regulations 2000 and others (Carbon Trust 2008)68. Construction requirements The Building regulations 2000, Approved document J, combustion appliances and fuel storage systems, gives detailed requirements to combustion systems and liquid fuel storage systems. Obviously, the detailed guidance covers existing applications like solid biomass fuel and fossil oil boilers. Nonetheless, it is useful to take this legislation into account when designing the pyrolysis oil boiler and storage system for the UK market. Safety of the installation Once delivered, the greatest risk associated with biomass systems is fire. This is largely addressed via the Building Regulations 2000 (Approved Document J – Combustion Appliances and Fuel Storage Systems). Also relevant are the Regulatory Reform (Fire Safety) Order 2005 and the Electricity at Work Regulations 1989 (Carbon Trust 2008).

67

http://www.legislation.gov.uk/uksi/2016/1154/pdfs/uksi_20161154_en.pdf (page 51-52: PART 2: Activities, CHAPTER 1: Energy activities, SECTION 1.1: Combustion activities) 68

Carbon Trust (2008) Biomass heating, a practical guide for potential users.

http://www.legislation.gov.uk/uksi/2016/1154/pdfs/uksi_20161154_en.pdf


8 Overview of the legislation in the 5 focus countries Table 10 summarises the analysis of relevant current legislation on FPBO as fuel for residential heating in five focus countries of the Residue2Heat project.

Table 10 Overview of relevant current legislation on FPBO as fuel for residential heating in five key countries

Germany Austria Italy France United Kingdom

EU definition biomass relevant for permit requirements / emission limits

no no no yes no

Procedure for end of waste status available for individual companies (without need to change the law)

no yes no yes yes

Classification as fuel relevant to bring FPBO on the market

yes (<100 kW) yes yes no no

Does FPBO already classify as fuel no no no n.a. n.a.

Procedure available to classify FPBO available (without the need to change the law)

yes yes no (!) n.a. n.a.

Air quality regulations relevant for FPBO? (like low emission zones, with stricter requirements on emissions)

no no yes, regions can apply stricter

emission limits

yes, regions can apply

stricter emission

limits

yes: stricter regime in

smoke control areas

Emission limit ( corrected to mg/Nm³ @ 3% O2 dry gas)

- NOx 20-100 kW: 1125

100-200 kW: 200


company: 150

720 525 - 550 no legal limit 495 to get

RHI subsidy

- SOx no limit specified

no limit specified 90 225 - 850 no limit specified

- Dust 20 - 100 kW: 45 20 - 200 kW: 20

"smoke spot number 1"

54 50 no legal limit 100 to get

RHI subsidy

- CO 20 - 100 kW: 563

100 - 200 kW: 900


company: 100

450 100 - 250 no limit specified

- Other substances? Dioxins and furans

Ammonia (SCR/SNCR)

VOS: 20 efficiency

requirements

PAH, NMVOC, HCl,

HF heavy metals

no "dark smoke"

Environmental permit needed < 100 kW: no 100 - 200 kW:

yes

no (only if boiler is

as part of commercial

activity

no no: if FPBO regarded biomass

yes: if FPBO not regarded

biomass

no, but notification is needed

Requirements to installation and operation

< 100 kW: type test from

manufacturer available

Yes: found in Art 15 a B VG

Those relevant according to EU

law

Yes: details in order of

24/06/13 on class 2910-B

In Building regulations

2000

Documents

Current legislation on FPBO as fuel for residential