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Biodiesel

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Background

In the current financial and political climate, there are incentives to identify alternatives to petrochemicals for fuel production. Biodiesel is one such alternative: a widely-used fuel that can be manufactured from a variety of fats and oils ranging from virgin vegetable oils to category 1, 2 or 3 animal by-products (ABP) such as tallow and used cooking oil (UCO).

Where biodiesel is produced partially or completely from animal by-products, the plant must be approved under the:

The exception to the requirement for approval is those biodiesel plants that accept only used cooking oil (“UCO”) from catering waste sources.

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What is a biodiesel plant under the control regulations?

A biodiesel plant produces biodiesel from fats/oils by the chemical process detailed in Annex IV, Chapter IV, Section 2, point D of the EU Implementing Regulation. Category 1 and 2 plants must operate a three step process, category 3 plants are permitted to operate a two step process.

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What type of fats and oils can be used in a biodiesel plant?

The regulations enable animal fats, animal oils or vegetable oils that have been in contact with animal proteins or have been extracted from foods containing ABPs and are no longer intended for human consumption to be processed into biodiesel in an approved plant.

The EU Implementing Regulations requires the fats and oils used as starting materials to be either:

  • fish oil or rendered fat produced according to Regulation EC No 853/2004, which lays down specific hygiene rules for foods of animal origin
  • processed in an ABP approved processing (rendering) plant prior to arrival at the approved biodiesel plant.
  • where a biodiesel plant is co-located with a processing (rendering) plant, each plant must be separately approved

The EU Implementing Regulation states that the following are suitable starting materials for biodiesel production:

  • fish oil produced commercially on a factory ship in accordance with Section VIII of Annex III to Regulation (EC) No 853/2004
  • rendered fats prepared for human consumption in accordance with Section XII of Annex III to Regulation (EC) No 853/2004
  • category 1 or 2 fats produced by processing method 1 as referred to in , Annex IV, Chapter III of the EU Implementing Regulation
  • non-fish category 3 fats produced by any of the processing methods 1 to 5 or 7 as referred to in Annex IV, Chapter III of the EU,Implementing Regulation
  • fats derived from fish produced by any of the processing methods 1 to 7 as referred to in Annex IV, Chapter III of the EU Implementing Regulation
  • used cooking oil (UCO) that has been in contact with animal proteins and has subsequently been processed (rendered) by any of the processing methods 1 to 5 or 7, as described in Annex IV, Chapter III of the EU Implementing Regulation.

UCO is often used as a starting material for biodiesel production, both in small scale “back yard” plants and large commercial factories. UCO is a category 3 ABP, but is further classified as either “catering waste” if it comes from catering establishments (e.g. restaurants or burger vans) or “foodstuff no longer intended for human consumption” if it comes from non-catering establishments (e.g. food factories). The distinction between catering waste UCO and UCO from food factories (or “Food Factory Vegetable Oil”, FFV) is important because the regulations treat these two sorts of UCO differently.

Where the UCO comes from catering outlets it is catering waste and, as such, its direct use in the manufacture of biodiesel is not controlled by the regulations. Therefore, biodiesel plants using only catering waste UCO do not require approval under the regulations. However these plants may be subject to environmental legislation. All products from non-approved biodiesel plants are considered to be untreated catering waste, and must therefore be disposed-of as if they were catering waste. In particular, glycerine produced in non-approved biodiesel plants cannot be used for feeding to livestock. Where operators of approved plants are using catering waste UCO to produce biodiesel, the UCO must be subject to processing (rendering) in an approved processing plant prior to entering the biodiesel plant. The co-products (glycerine and potassium sulphate) can be placed on the market, but operators should note that the glycerine cannot be used for feeding to livestock because the regulations permit only rendered fats obtained from certain category 3 materials to be used for feed purposes. For more information see our Use of organic fertilisers and soil improvers page.

Where UCO from catering waste outlets is destined for biodiesel production in a non-approved plant, there are no ABP record keeping or commercial documentation requirements. However, if UCO is destined for an ABP approved biodiesel plant, ABP record keeping and commercial documentation requirements apply.

Where the UCO is FFV originating from food factories which:

  • fry vegetables only: (e.g. crisps, chips) - it is not controlled by the regulations. It, therefore, is not required to be processed in an ABP approved biodiesel plant. However, if glycerine, derived from the biodiesel process is to be used for feeding to livestock, entirely separate plant and equipment would be required from any used for the production of biodiesel from UCO from catering facilities;
  • “flash fry” meat and/or fish and the FFV is only destined for biodiesel production - the FFV is required to be processed in an ABP approved biodiesel plant, but does not need to be pre-processed (rendered) in an ABP approved processing plant prior to entering the approved biodiesel plant. Provided that the operator can demonstrate that no muscle fibres remain in glycerine derived from the biodiesel process, the glycerine can be used for feeding to livestock.

Prior to use in the biodiesel plant, the processed fat must be separated from any protein fraction that is present. In addition, fats of ruminant origin must go through a process to remove the insoluble impurities in excess of 0.15% by weight. Insoluble impurities include proteins, plastics and other contaminants.

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Which biodiesel plants need approval under the Regulations?

Biodiesel plants that use category 1, 2 or 3 fats/oils must be approved under the Regulations, unless their input is restricted to catering waste UCO. Application must be made to the AHVLA Regional Office using form ABPR21. Biodiesel plants that use only catering waste UCO do not require approval under the regulations but may be subject to other legislative control, e.g. Her Majesty’s Revenue and Customs and, in some circumstances, the Environment Agency/Scottish Environment Protection Agency.

In addition to meeting the specified treatment parameters, biodiesel plants must comply with the general requirements for transport, documentation and record-keeping set out in Annex VIII, Sections I to IV of the EU Implementing Regulation.

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What are the other regulatory requirements?

Biodiesel production and use must comply with Revenue and Customs legislation. Some aspects of biodiesel production, storage, transport and use are controlled by environmental legislation, enforced by the Environment Agency in England and Wales and the Scottish Environment Protection Agency in Scotland. Where the glycerine co-product is destined for use in livestock feed, the biodiesel plant must comply with the Feed (Hygiene and Enforcement) (England) Regulations 2005, and the equivalent legislation in Scotland, Wales and Northern Ireland.

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What treatment standards are required for category 1 or 2 biodiesel plants?

The processed fat must be submitted to esterification, transesterification and vacuum distillation steps that meet the following parameters:

  • for esterification the pH is reduced to less than 1 by adding sulphuric acid (H2SO4) or an equivalent acid and the mixture is heated to 72 °C for at least two hours during which it is intensely mixed
  • for transesterification, the pH is increased to about 14 with potassium hydroxide or an equivalent base at 35 °C to 50 °C for at least 15 minutes. Transesterification must be carried out twice, meeting the conditions described on both occasions, with a new base solution on each occasion
  • for vacuum distillation, the products must be distilled at 150 °C.

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What treatment standards are required for category 3 biodiesel plants?

Processed fat derived from category 3 material requires transesterification and vacuum distillation only; the esterification step is not necessary:

  • for transesterification, the pH is increased to about 14 with potassium hydroxide or an equivalent base at 35 °C to 50 °C for at least 15 minutes. Transesterification must be carried out twice, meeting the conditions described on both occasions, with a new base solution on each occasion
  • for vacuum distillation, the products must be distilled at 150 °C.

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What is produced from a biodiesel plant?

The chemical process results in biodiesel plus co-products glycerine (glycerol) and, in the case of biodiesel plants that undertake esterification, potassium sulphate. In addition to the value of the principal product, biodiesel, glycerine also has market value. Currently it is used as a raw material for anaerobic digestion and (if derived from category 3 material in an approved plant with additional controls,) as an ingredient for animal feed. Potassium sulphate has value as a component of fertiliser.

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What controls are in place on the products from biodiesel plants?

According to the Regulations, any of the products from approved biodiesel manufacture can be disposed of by incineration or co-incineration or by burial in landfill. However, both the principal product (biodiesel) and the co-products (glycerine and potassium sulphate) are valuable and can be used as follows:

  • biodiesel - is recognised as an “end point”, and can be used as fuel without restrictions under the Regulations. It is still subject to control by Her Majesty’s Revenue and Customs and in some circumstances is subject to environmental legislation
  • residues - from the distillation of biodiesel (often referred-to as “distillate bottoms” or “heavies”) are recognised as an “end point” and can be used as fuel without restrictions under the Regulations. The residues from distillation may be burned on site as boiler fuel or used by a third party; in either case, use would be subject to environmental legislation
  • potassium sulphate - can be used for the production of derived products for application to land, e.g. fertiliser. It may be subject to environmental legislation
  • glycerine from a category 1 or 2 plant - can be transformed into biogas. It may be subject to environmental legislation
  • glycerine from a category 3 plant - can be transformed into biogas or, if it satisfies all the following requirements, it can be used for feeding to farmed livestock:

    a) the category 3 fat/oil (starting material) must not be catering waste nor derived from catering waste,
    b) the category 3 fat/oil (starting material) must originate from a processing (rendering) plant approved under the regulations, or from fish oil or rendered fat that satisfies the food law requirements. The processing (rendering) plant may be co-located with the biodiesel plant,
    c) if the approved processing plant operates to method 7 (as described in Section III, Annex IV of the Implementing Regulations) relevant, animal and public health hazards must be identified and the process used must reduce animal and public health risks to insignificant levels,
    d) the approved biodiesel plant must additionally be approved and/or registered with the EU Feed Hygiene Regulation No 183/2005,
    e) the glycerine must be free of animal proteins including muscle fibres. For more information see our Use of organic fertilisers and soil improvers page,
    f) waste products such as filter contents, sludge, and ash must be disposed of as animal by-products in accordance with the EU Control Regulation and the EU Implementing Regulation.

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Page last modified: 10 May, 2012