Biofuels environmental legislation

This page provides links to key pieces of environmental legislation relating to producing and using biofuels for transport. The websites hosting the legislation may list amendments separately.

If you are setting up an environmental management system (EMS) for your business, you can use this list to start compiling your legislation register. Your legal adviser or environmental consultant will be able to tell you if other environmental legislation applies to your specific business. For more information about EMS, see our guideline:
Environmental management systems (EMS) and environmental reports

Northern Ireland Biofuels legislation

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) SR 2010/160. Regulates the transport of dangerous goods by road, rail and inland waterways and the use of pressurised cylinders, drums and other equipment.

Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) SR 2019/111. Amends the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) SR 2010/160 in order to implement, in part, the radiological emergency preparedness and response requirements contained in the Euratom Basic Safety Standards Directive 2013/59/Euratom, in relation to the transport of radioactive materials in the UK by road, rail and inland waterway.

Control of Major Accident Hazards Regulations (Northern Ireland) SR 2015/325. Establishes procedures to prevent major accidents involving dangerous substances and limit their consequences to people and the environment. Require the preparation of a major accident prevention policy (MAPP), a safety report, internal and external emergency plans.

Hazardous Waste Regulations (Northern Ireland) SR 2005/300. Sets out a revised regime to control and track the movement of hazardous waste.

Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations SI 2012/3030 Implements Directive 98/70.EC, on the quality of petrol and diesel fuels, and places an obligation on fuel suppliers who, in a given year, supply more than 450,000 litres of fuel for use in road vehicles, non-road machinery, tractors and recreational craft which do not normally operate at sea, to report on the greenhouse gas intensity of the fuel they supply, the volumes of fuel supplied and to disclose whether the fuel is a fossil, renewable or partially renewable fuel.

Pollution Prevention Control (Industrial Emissions) Regulations (Northern Ireland) SR 2013/160. Certain processes and activities carried out at industrial and commercial facilities can emit emissions that have the potential to cause harm to the environment. The PPC regime provides a regulatory framework for certain installations or mobile plants, which reduces and controls the potential for impact of harmful emissions to air, water and land.

Renewable Transport Fuel Obligations Order SI 2007/3072. Requires road vehicle fuel suppliers to prove that a certain amount of renewable transport fuel (biodiesel, bioethanol, etc) has been supplied in the UK by producing Renewable Transport Fuel Certificates (RTFCs). Small-scale suppliers of biofuel can trade RTFCs with obligated suppliers.

Renewable Transport Fuel Obligations (Amendment) Order SI 2009/843. Makes minor technical amendments to 2007/3072.

Renewable Transport Fuel Obligations (Amendment) Order 2011 (SI 2011/2937). Transposes the relevant parts of the “Renewable Energy Directive” including the requirement for 10% of energy used in transport to be from renewable sources by 2020.

Renewable Transport Fuel Obligations (Amendment) Order 2013 (SI 2013/816). Extends the Renewable Transport Fuel Obligations for a number of end users: non-road mobile machinery (including inland waterway vessels which do not normally operate at sea), agricultural or forestry tractors, and recreational craft which do not normally operate at sea.

Renewable Transport Fuel Obligations (Amendment) Order 2015 (SI 2015/534). This increases the rate of reward for certain renewable gaseous fuels to reflect their higher energy content relative to an equivalent volume of liquid fuels, including hydrotreated vegetable oil (HVO).

Renewable Transport Fuels and Greenhouse Gas Emissions Regulations 2018 (SI 2018/374). The measures in this instrument aim to reduce greenhouse gas emissions from fuels supplied in transport, thereby supporting the delivery of savings to meet UK carbon budgets. They also align UK schemes with requirements in EU legislation.

Renewable Transport Fuel Obligations (Amendment) Order 2021 (SI 2021/1420). Amends SI 2007/3072 in order to update and add definitions. Adds maritime renewable fuel of non-biological origin as a type of fuel. Extends the definition of “relevant fuel” so that it includes renewable hydrogen. Increases the renewable fuel targets imposed on fuel suppliers regarding the development fuel obligation and the main obligation for obligation periods beginning on or after 1 January 2022. Updates the sustainability and greenhouse gas emissions criteria that renewable fuels must meet to receive Renewable Transport Fuel Certificates. Adds two new Schedules setting out land criteria and forest criteria. It also amends the Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations SI 2012/3030.

Waste Management Licensing Regulations (Northern Ireland) 2003 (SR 2003/493). Covers applications for waste management licences, which authorise the deposit, disposal and treatment of controlled waste. Includes conditions on the use of certain mobile plant.

Scottish Biofuels legislation

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (SI 2009/1348). Regulates the transport of dangerous goods by road, rail and inland waterways, and the use of pressurised cylinders, drums and other equipment.

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (SI 2020/1111). Amends S.I. 2009/1348. Makes amends to secondary legislation in the field of the carriage of dangerous goods by road and rail and, in particular, relating to the inspection of transportable pressure equipment used in Great Britain.

Control of Major Accident Hazards Regulations 2015 (SI 2015/483). Requires businesses to take steps to control the major accident hazards involving dangerous substances. Applies to establishments where dangerous substances are present in quantities at or above the threshold levels set out in Schedule 1 of the regulations.

Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 (SI 2012/3030). Implements Directive 98/70.EC, on the quality of petrol and diesel fuels, and places an obligation on fuel suppliers who, in a given year, supply more than 450,000 litres of fuel for use in road vehicles, non-road machinery, tractors and recreational craft which do not normally operate at sea, to report on the greenhouse gas intensity of the fuel they supply, the volumes of fuel supplied and to disclose whether the fuel is a fossil, renewable or partially renewable fuel.

Pollution Prevention and Control (Scotland) Regulations 2012 (SSI 2012/360). Sets out a system to control pollution from any installation or mobile plant carrying out specified activities through permits, inspections and control of emissions. Covers the inclusion of best available techniques (BAT) and standard rules in permits. Replaces (revokes) previous PPC legislation.

Renewable Transport Fuel Obligations Order 2007 (SI 2007/3072). Requires road vehicle fuel suppliers to prove that a certain amount of renewable transport fuel (biodiesel, bioethanol, etc) has been supplied in the UK by producing Renewable Transport Fuel Certificates (RTFCs). Small-scale suppliers of biofuel can trade RTFCs with obligated suppliers.

Renewable Transport Fuel Obligations (Amendment) Order 2009 (SI 2009/843). Makes minor technical amendments to 2007/3072.

Renewable Transport Fuels and Greenhouse gas emissions Regulations 2018 (SI 2018/374). The measures in this instrument aim to reduce greenhouse gas emissions from fuels supplied in transport, thereby supporting the delivery of savings to meet UK carbon budgets. They also align UK schemes with requirements in EU legislation.

Waste Management Licensing (Scotland) Regulations 2011 SSI 228 Consolidates the Waste Management Licensing Regulations 1994 and amendments. Adds new exemptions. Among other regulations, imposes conditions on waste oils covered by waste management licences or disposal licences.

You will also need to know about and comply with legislation on:

storing oil - see the page on oil storage environmental legislation in our guideline: Oil storage
duty of care - see our guideline: Duty of care - your waste responsibilities

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