Consultation on amendments to standard rules: Incorporation of decarbonisation readiness requirements, carbon capture at anaerobic digestion facilities and withdrawal of SR2009 No4

Decarbonisation readiness 

In October 2024, the Government published its Decarbonisation readiness: updates to the 2009 Carbon Capture Readiness requirements. This was the government’s response to the consultation they conducted on expanding and updating Carbon Capture Readiness requirements. Carbon Capture Readiness will now be known as decarbonisation readiness. The Environmental Permitting (England and Wales) Regulations 2016 (EPR) was amended on 26 February 2025 to include decarbonisation readiness requirements.  

In February 2025, the Environment Agency published a consultation on Decarbonisation Readiness: Proposed Guidance. This closed on 9 May 2025. Our response to the consultation and link to the finalised guidance can be found on the original consultation page once they are published.  

EPR allows us to develop standard rules for certain activities. Standard rules permits of certain combustion activities are already published but we now need to amend them to bring in decarbonisation readiness requirements. 

Anaerobic digestion and carbon capture, upgrading and storage 

In April 2022, we published a regulatory position statement (RPS): Guidance on Treating, storing, and using carbon dioxide from anaerobic digestion: RPS 255. An RPS records our position that we will not usually bring enforcement action in relation to the activity to which the RPS relates, provided the conditions are complied. Our position is that operators can install and operate a carbon capture and upgrade process at AD plant, provided operators notify and apply for a permit. Currently this requires a bespoke permit application even if the rest of the operation is currently able to meet standard rules. 

Incorporating carbon capture, upgrading and storage conditions into AD standard rules would enable operators of standard rules permits to upgrade carbon dioxide from their plant. The RPS would no longer be relevant. We are considering requiring all new AD facilities to have this additional technology in the future. 

Withdrawal of SR2009 No 4 

In 2021, we published a new standard rules for AD at sewage treatment works which included provisions for combustion of biogas: SR2021 No 10: anaerobic digestion of non-hazardous sludge at a waste water treatment works, including the use of the resultant biogas. These standard rules covered the activities included in SR2009 No 4: combustion of biogas in engines at a sewage treatment works. 

We are now of the view that SR2009 No 4: combustion of biogas in engines at a sewage treatment works is no longer required.  

Standard rules are a fixed set (or sets) of rules that an operator must comply with. The standard rules: 

• define the activities that an operator can carry out and 

• specify necessary restrictions on those activities 

Standard rules are published on GOV.UK following public consultation.  

Any operator who wishes to carry out a particular activity at a particular site or sites can look at the standard rules and if they can comply with them, can decide to apply for a standard rules permit. 

We can issue the standard permit more quickly and cheaply because we have no decisions to make on site-specific permit conditions. An operator who cannot meet the requirements of the standard rules must apply for a bespoke permit and provide us with additional information. It takes us longer to issue a bespoke permit because we must carry out a more detailed assessment of the application. This includes deciding whether to include site-specific conditions and consult in line with our public participation statement. 

There is no right of appeal against the rules in a standard permit because applying for a standard permit is voluntary. If an operator wants to change the way their site operates, they must apply to vary the standard permit to a bespoke permit when: 

• their operation falls outside the scope of the standard rules 

• they feel that the standard permit no longer works for their particular operation  

Operators must apply for a bespoke permit for any regulated activities not covered by standard rules. These activities generally have a higher potential impact on the environment or require more complex controls than operations for which standard rules can be used. 

We will give operators of existing standard rules permits notice of when the standard rules will change. 

The regulations state that: 

• from 28 February 2026, for newly installed or substantially refurbished relevant generators, operators must have a DR report when applying for a permit 

• we may grant a permit if the CCR (carbon capture readiness) or HCR (hydrogen conversion readiness) conditions are met 

• operators must review their decarbonisation report at least every 2 years 

• we may condition permits to require DR report review findings to be reported to us 

• we may condition permits to require operators to meet the CCR or HCR conditions 

We are proposing conditions to reflect this. So that we are able to ensure compliance with conditions and the regulations, we are also proposing conditions that require the operator to: 

• submit their DR report to us on request

We have produced guidance on how operators can meet decarbonisation readiness requirements. 

Our application forms will be updated to allow operators to confirm that decarbonisation readiness requirements have been met.

Standard rules permit application charge bands and annual subsistence charges will not change as a result of these conditions. However, an additional charge is proposed for assessing applications where an operator’s DR report concludes it is not reasonably practicable to achieve decarbonisation readiness. How an operator may arrive at this conclusion is covered in our guidance. The charging proposal is being consulted separately that is due to be published at the end of October 2025. 

When applying for a new standard rules permit involving relevant generators, operators will need a DR report. If the CCR or HCR conditions have been met, the operator may state this without the need for the report to be submitted for further assessment. If the CCR or HCR conditions have not been met, a standard rules permit will not be granted. 

A ‘relevant generator’ is defined in the Regulations as a generator used to produce electricity that is newly installed or substantially refurbished on or after 28 February 2026.

Operators may apply to add relevant generators which are new or substantially refurbished to their existing standard rules permit. If the CCR or HCR conditions have been met, the operator may state this without the need for the report to be submitted for further assessment. If the CCR or HCR conditions have not been met, the operator must provide information to satisfy us that it is not reasonably practicable to meet the CCR or HCR conditions. This must be due to location or technical characteristics of the relevant generator. We may still determine these applications and decide to grant the permit in such cases.

The proposed conditions will not apply to existing standard rules permit operators until relevant generators are added including where plant is substantially refurbished and becomes 'new'.

We propose adding the following conditions and interpretations to the identified standard rules: 

x.x Decarbonisation readiness 

x.x.1 Where an operator has included with an application relating to this permit a CCR technical assessment, a HCR technical assessment or a statement that the CCR conditions or HCR conditions are met, the operator shall:

(a) keep a site-specific decarbonisation readiness report

(b) review and update the decarbonisation readiness report at intervals not exceeding 2 years

(c) provide a copy of the report to the Environment Agency on request

(d) ensure that the CCR conditions or the HCR conditions are met. 

4.4 Interpretation 

“decarbonisation readiness report” has the meaning as defined in Schedule 25C of The Environmental Permitting (England and Wales) Regulations SI 2016 No.1154 

“CCR conditions” has the meaning set out in paragraph 4 of Schedule 25C of The Environmental Permitting (England and Wales) Regulations SI 2016 No.1154 

“CCR technical assessment” has the meaning as defined in Schedule 25C of The Environmental Permitting (England and Wales) Regulations SI 2016 No.1154 

“HCR conditions” has the meaning set out in paragraph 5 of Schedule 25C of The Environmental Permitting (England and Wales) Regulations SI 2016 No.1154 

“CCR” means carbon capture readiness 

“HCR means hydrogen conversion readiness 

“HCR technical assessment” has the meaning as defined in Schedule 25C of The Environmental Permitting (England and Wales) Regulations SI 2016 No.1154

The proposed conditions will be added to the following standard rules: 

• SR2018 No 1: Specified Generator, Tranche B low risk, base load operation between 0 – 5 MWth  

• SR2018 No 4: Specified Generator, Tranche B low risk, 0 – 20 MWth of gas or abated diesel engines operated less than 500 hours a year  

• SR2021 No 6: Anaerobic digestion facility, including use of the resultant biogas – installations  

• SR2021 No 7: anaerobic digestion facility, including use of the resultant biogas – waste recovery operation  

• SR2021 No 8: on-farm anaerobic digestion facility using farm wastes only, including use of the resultant biogas – installations  

• SR2021 No 9: on-farm anaerobic digestion facility, including use of the resultant biogas – waste recovery operation  

• SR2021 No10: Anaerobic digestion of non-hazardous sludge at a wastewater treatment works, including the use of resultant biogas   

There are some additional medium combustion plant and specified generator standard rules which decarbonisation readiness would apply to. However, we are currently consulting on their withdrawal through our online consultation entitled Changes to standard rules permits for medium combustion plant and specified generators. This closes on 9 November 2025. If the proposals in that consultation are not taken forward, decarbonisation readiness will also be applicable to those standard rules. 

The current treatment of biogas and biomethane activity under condition 2.1 will be amended to include (d) and (e):

Activity XX – treating biogas and biomethane with gas storage 

Under WFD [Waste Framework Directive] Annex II operations, activity XX is R3 – recycling and reclaiming organic substances which are not used as solvents. 

The activity is limited to: 

(a) gas storage and drying 

(b) gas cleaning and upgrading to biomethane by biological or chemical scrubbing. Where chemical scrubbing excludes use of amine-based solvents or other novel techniques with the potential to emit substances to air or water 

(c) injecting upgraded biomethane to the national grid 

(d) separation of carbon dioxide produced from upgrading biogas to biomethane. Separation is limited to physical techniques. Chemical scrubbing by use of amine based solvents or other techniques with the potential to emit substances to air and water is excluded. 

(e) treatment and storage of carbon dioxide, to meet food and beverage or industrial grade standards  

Two new techniques will be added to condition 2.4: 

Technique XX

Treatment of biogas to produce carbon dioxide using physical treatment methods shall be limited to one or a combination of: 

(a) filtering, for example membrane separation, pressure or vacuum swing adsorption and cryogenic gas separation 

(b) washing 

(c) water scrubbing 

(d) distillation 

(e) compressing 

(f) condensation 

(g) drying 

(h) cooling 

Carbon dioxide produced shall meet food and beverage or industrial grade standards for use.  

Treatment shall achieve a capture rate of at least 95% of carbon dioxide recovered. 

Technique XX 

Store recovered carbon dioxide in secure storage vessels in line with the Health and Safety Executive's guidance, General hazards of Carbon Dioxide and Major hazard potential of CCS 

Storage of carbon dioxide is limited to 150 tonnes at any one time. There shall be no venting of stored carbon dioxide. 

Storage of carbon dioxide is limited to 6 months prior to use. 

Condition 4.2 will be amended to add a new condition:  

4.2.X The operator shall keep records of the tonnages of carbon dioxide captured and exported from the site, dates of export and destination of captured carbon dioxide. This information shall be reported to the Environment Agency in an annual report at a frequency specified in Table 4.2 below. Records shall be maintained for at least 2 years.

Table 4.2 will be amended to include carbon capture, upgrading and storage: 

Table 4.2 Reporting requirements 

The interpretation of ‘accident management plan’ in condition 4.4 will be amended to include an additional sentence. It will require operators to consider the loss of containment of recovered carbon dioxide: 

‘Accident management plan’ means a plan that identifies risks and failures which can have an impact on the environment or have environmental consequences. The plan must minimise the potential causes and consequences and identify clearly, the roles, responsibilities and action to be taken to minimise the consequences of accidents. This includes measures to prevent and control fires on site (see fire prevention plan). This must take into account any raw material stored on site and include clearly marked zoning as identified in the DSEAR [Dangerous Substances and Explosive Atmospheres Regulations] risk assessment or plan. The plan must take into account the potential for accidental loss of containment of recovered carbon dioxide and impact to sensitive receptors outside of the site boundary.

These conditions would apply to the following standard rules: 

• SR2021 No 6: Anaerobic digestion facility, including use of the resultant biogas – installations  

• SR2021 No 7: anaerobic digestion facility, including use of the resultant biogas – waste recovery operation  

• SR2021 No 8: on-farm anaerobic digestion facility using farm wastes only, including use of the resultant biogas – installations  

• SR2021 No 9: on-farm anaerobic digestion facility, including use of the resultant biogas – waste recovery operation  

• SR2021 No10: Anaerobic digestion of non-hazardous sludge at a wastewater treatment works, including the use of resultant biogas   

The consultation will run for 8 weeks from Thursday 23 Oct 2025 until midnight on Thursday18 Dec 2025. We will consider all responses received by this date.

You can view the consultation document by clicking on the relevant link in the 'related' section at the end of this page. 

Please submit this response using this online consultation tool, as this provides an easy and efficient way to respond. It will also help us to:

• gather all responses in one place
• summarise responses quickly and accurately
• reduce the cost of the consultation

If you do not wish to respond using the online tool, you can download the response form using the relevant link in the 'related' section at the end of this page and email the completed form to decarbonisationreadiness@environment-agency.gov.uk.

We are running this consultation in accordance with the guidance set out in the  government's consultation principles.

If you believe the consultation has not been run in accordance with the principles, please email consultation.enquiries@environment-agency.gov.uk.

If you have any queries about the content in this consultation, please contact our National Customer Contact Centre: 

Email enquiries@environment-agency.gov.uk
Telephone: 03708 506 506
Monday to Friday, 8am to 6pm 

Otherwise, for all other queries relating to this consultation, please email decarbonisationreadiness@environment-agency.gov.uk.