Farming FuturesFarm Biogas Developer

30th June 2009Fertiliser and Regulation

Bryan Lewens

Holsworthy Plant Jan 2001 Construction of plant

Planned to process mainly animal manures23 dairy farms and 1 layer unit

Pasteurisation 70oC for 1 hour to kill animal pathogens.

Planning Permission to take 20% food wastesAnticipated benign regulation

But Feb 2001 – Foot and Mouth Disease. Plant subject to Integrated Pollution, Prevention, Control

(IPPC regulations Environment Agency ) May 2003 Animal By-Products Regulations- DEFRA Animal

Health October 2005 Digestate spreading to land as bio-

fertiliser . EA Notifiable Exemptions subject to fees. 2007 Environment Agency fees reach £80,000+/annum

May 2008 Food “Waste” only plant- throughput reduced.

Digestate- Analysis(courtesy Owen Yeatman )

Dry Matter* 4.5% pH* 7.9 Total N 3.5 kgs/M3 31 units/1000 gallons

NH4 N** 2.5 kgs/M3 23 units/1000 gallons

P2O5 1.0 kgs/M3 9 units/1000 gallons

K2O 2.3 kgs/M3 20 units/1000 gallons MgO* 0.8 kgs/M3 7 units/1000 gallons SO3 * 0.4 kgs/M3 4 units/1000 gallons

*Estimates BL

**Potentially Crop Available N 70%Total N (Source OY)

NB. Typically cow slurry 50% Total N Potentially Crop available.

1st Cut Silage Spreading Rate (m3/ha) = 35

Digestate applied on 15th March - Shallow Injection

Nitrogen (N)

Phosphate

(P2O5)

Potash

(K2O) Value

Estimated total nutrients in digestate (kg/m3) 3.5 1 2.3 £4.95

Estimated available nutrients in digestate (kg/m3) 1 2.8 1 2.3 £4.54

Requirement for 1st cut silage (kg/m3) 2 120 40 80 £176.23

Calculate digestate supply of potentially plant-available nutrients (kg/ha) 98 35 81 £158.89

Calculate supply of plant-available N after NH3 and

NO3 losses (MANNER) (kg/ha) 79 35 81 £147.88

Calculate inorganic fertiliser need (kg/ha) 41 5 -1 £28.35

Total N/hectate applied (kg/ha) 123

Digestate Spreading June 2nd 2008

Grass cover June 30th

Regulation SituationKey regulation is still under consideration

DEFRA consultation on Waste Exemptions delayed which in turn has delayed

Implementation EA Standard permits covering AD plants, digestate storage and spreading of wastes. Now out for consultation (ends August 28th 2008) but subject to DEFRA decision on Exemptions.

DEFRA is keen for AD to develop- seen as benefit in NVZs and in treating organic waste.

What is “Waste”- legally“Any substance or object the holder discards,

intends to discard or is required to discard" is WASTE under the Waste Framework Directive

Material continues to be a waste until “fully recovered” e.g Holsworthy digestate spread on land as a fertiliser.

If non waste materials are mixed with “waste” materials, the mix is waste

Economic value is not relevant to waste statusLegal Definition of “waste” can change

Animal ManuresIn April 2008 the EA published a guidance note:

Manures and slurries spread to land are not “wastes”But if designated for AD they are “wastes”The resultant digestate is therefore “waste”

Following concerns raised during the Exemptions Consultation lobbying by NFU/CLA/REA

In December 2008 this was revisedManures and slurries designated for AD are still

“wastes”As a result of AD the process improves the fertiliser

qualities and if spread to land in the same way as manures and slurries the digestate is not “waste”. Recovery achieved in the digestion process.

ImplicationsDigestate from AD plants processing animal manures

and slurries and energy crops (non wastes) are not subject to Waste regulations.EA Notifiable Exemptions for spreading wastes are

expensive to apply for and require time and expertise (FACTS) to administer- not required

No major regulatory issues over storage- (as for slurry) Less likelihood of public concerns over using “waste” on

agricultural land

Very small farm (non waste) AD plants are likely to be able to operate under a Simple Exemption.Little or no cost registration with EA?Question over economic viability. Thermal input <1.5MW?

Implications (cont)Larger plants will require Standard Rules Permit

Standard rules if plant specifications fit. (Current EA Consultation)

Subject to application fee, maintenance fee, surrender fee.

Slurry being temporarily stored prior to digestion should be exempt .

But:-If any controlled “wastes” are added to the intake

material all the resultant digestate becomes waste and is subject to waste regulation.

Farm regulations.

Farm Regulation- Cross-Compliance

Good Agricultural and Environmental conditions (GAEC 3) Waterlogged soil- e.g making a mess when spreading.

Nitrate Vulnerable Zones (70% England)Lot of records to be kept starting April 2009 in existing NVZsOrganic Nitrogen limits

Farm 170kgsN/ha/year- animal originField 250kgsN/ha/12months- all organic material spread

Storage Required- 6 months for pig and poultry manure 5 months for cattle and others

Closed spreading periods (>30% N availability)Grass Tillage

Sandy/Shallow soil Others Sandy/Shallow soil Others1st Sept- 31st Dec 15th Oct-15th Jan 1st Aug-31st Dec 1st

Oct-15th Jan

NVZs (cont) Digestate Implications

Owen Yeatman8000 tonnes cow slurry1500 tonnes maize silage1500 tonnes grass silage.

1. Closed period enforced >30% available N2. Storage 5 months using cow slurry (6

months if include pig slurry as substrate)- for all digestate.

NVZs – Digestate (cont)3. N Farm Limit.

1. Own farm only- standard calculation (DEFRA leaflet 5)

2. Jointly operated digester- considered an import and supplier should notify you of total N content. Otherwise analyse (leaflet 3)

3. If 100% animal manure then use total N content

4. If mixed with other materials then supplier should advise you of animal proportion so you can calculate imported animal N.

NVZs – Digestate (cont)Can estimate on proportion of input

For Owen Yeatman 73% of 3.5kgsN =2.56kgs NCan make more detailed calculation if relevant data available

Crops low in N could be that 85% of N is from animal sourceWhere no data available or for simplicity take 100% of sample

result.

4. Organic N field limit.If digester serves your farm only use standard figures (leaflet 8)Imported N advised by supplier or sample and analyse.

5. NmaxCalculate animal N as for farm limit.Crop available portion use highest percentage applying to

livestock manures in feedstock. Eg. Cattle 25% until 2012.Ignore non-livestock N

NVZs – Digestate (cont)6. Nitrogen Planning

Must take into account all of the nitrogen in the digestate that will be available to the crop.

Starting point potentially available N- 70%(+) of total N

Owen Yeatman 2.5kgsN potentially available.Then estimate losses during storage and spreading.

Other IssuesPre-storage of slurry coming on to a farm for AD

processing to be covered by Standard Permit.DEFRA still to decide in case of Simple

Exemptions.Farmer can take his slurry/manure to another

farm for AD processing.If done by another farmer must register with EA

as a waste carrier- Currently free if farm waste.

Mesothilic AD will kill many pathogens and weed seeds but risk of transfer to other farms not regulated.

Farm RegulationFor a relatively simple life – Manures and energy

crops.One estimate of the regulation covering biological

treatment of controlled wastes. -7kgs documentation. Detailed understanding of the regulation covering

any planned operation is essential.- If in doubt take advice

Regulation is constantly changing- Anticipating change at the planning stage may save costs later.

This applies to England and Wales- Scotland differs.

Controlled Waste Regulation“Waste” plants subject to Environmental

Permitting. Smaller plants subject to Standard Rules

Permits. Restrictions on Intake materials (Animal By-

Products)Larger plants subject to Bespoke Permits

(e.g.Holsworthy)Adopt Best Available Technique (BAT).Emissions Controls.Expensive compliance costs and relevant

expertise required

“Duty of Care”Code of Practice that places a Legal Requirement on

all those holding controlled wastes to ensure that:Wastes are safely cared for.Written information is provided to ensure that anyone

dealing with the waste can comply with their dutiesWaste is only transferred to people authorised to

receive itPrevent waste causing pollution or harm whilst under

your control or under subsequent control until recovered.

Those that supply you with waste want to be sure that you are acting compliantly.

“Wastes” of Animal OriginSubject to Animal By-Products Regulation

AD plants can accept:Low risk Category 3 materialMilk product Animal Manures.

“Wastes” of Animal Origin (cont)Plant must be ABP compliant.

All material pasteurised 70oC for 1 hourChopped- particle size <12mmPlant will need to meet design requirementsSubject to Hygiene Procedures. (cross-

contamination)Routine inspection by Animal Health VetsSubject to audit trail from entry to plant to land

spreading.21 day grazing ban following spreading. Farmer records subject to Animal Health

inspections.

“Waste” Digestate Storage- off siteSubject to Environmental Permitting

Planning may be an issueEP Application + FeeAnnual EP maintenance feeWorking plan- to ensure facility correctly

managed

Standard Rules Permit for Digestate Storage .EA Consultation period ends August 28th 2009Expected to come into forceApril 2010

“Waste” Digestate SpreadingEA Controls over spreading waste to landPara 7 Notifiable Exemptions.

Must demonstrate agricultural or environmental benefit.For digestate generally to provide nutrients to meet crop

demand.Code of Good Agricultural Practice (COGAP)-Nitrogen limitsNVZ regulations Submit considerable amount of information with application.Each exemption is for up to 50ha and has to be renewed

annually.Fee must be paid- currently £575 for new applicationSpreading records must be kept for 2 years.

To be replaced by Standard Rules for mobile plant for land spreadingPermit Digestate likely to be covered from Oct 2011.

Anticipate it to be more onerous than Exemption.

Certificate of Agricultural BenefitSigned by FACTS qualified person.Waste Analysis- nutrients and heavy metalsStandard Soil Analysis (every 4 years)Crop nutrient demand (RB209)

Sets limits on nutrient amounts and timing.Cereals no available nitrogen requirement in seed

bedPhosphate soil index 4+

No phosphate requirement for most crops

Quality ProtocolQuality Assurance for digestate, approved by

food chainProcedures and Standard (PAS 110) whereby

digestate would cease to be a “waste when it leaves the plant”.

Still awaiting final go ahead from Europe.Some remaining issues over tests required.Not an easy option.

Defaults to waste if not correctly used.Standards and procedures subject to independent

auditSupervision of on farm records?

Useful LinksNVZ guidancehttp://www.defra.gov.uk/environment/water/quality/nitrate/help-

for-farmers.htm

Standard Permitshttp://www.environment-agency.gov.uk/research/library/

consultations/36989.aspx

Duty of carehttp://www.defra.gov.uk/environment/waste/legislation/

duty.htm#code

Useful Links (cont)EA Para 7 Exemptionshttp://www.environment-agency.gov.uk/business/topics/permitting/

34782.aspx

Environmental Permittinghttp://www.environment-agency.gov.uk/business/topics/permitting/

32320.aspx

COGAPhttp://www.defra.gov.uk/farm/environment/cogap/

Animal By-Products Regulationhttp://www.defra.gov.uk/animalh/by-prods/wastefood/compindx.htm

QP/ PAS 110.

http://www.biofertiliser.org.uk/certification/england-wales/quality-protocol

Thank You