Certified Anaerobic Digestion Digestates Under PAS110: Not Subject to Waste Regulatory Controls in UK

"Waste no more" for anaerobic digestion output!

(Published 3 March 2010. Updated – 4 September 2025)

Anaerobic digestion (AD) continues to grow in importance for turning biowastes (including food waste) into biogas and digestate. But what’s changed over the years in the regulation and status of digestate — especially when certified to PAS 110? Below is an updated look, aimed at waste management professionals and horticulturalists.

What is PAS 110 (and why it matters)

PAS 110 (2014 version) is the Publicly Available Specification that defines minimum quality, safety, and management criteria for digestate (whole, liquor, fibre) from anaerobic digestion of source-segregated biodegradable materials. Biofertiliser+2WRAP+2
It works together with quality protocols / regulatory position statements to help determine when a digestate output can be considered a product (i.e. no longer a waste) rather than a regulated waste. Biogas Info+4GOV.UK+4GOV.UK+4
PAS 110 remains a voluntary, industry-led standard — it does not replace legal requirements (e.g. permitting, environmental protections) even when digestate meets PAS 110. GOV.UK+3Engineering Update+3Cawood+3

Does SEPA still exempt PAS 110-certified digestate from waste rules?

Scotland: SEPA’s current position

Yes — in broad terms, SEPA still adopts a regulatory stance that, where digestate meets PAS 110 and SEPA’s Position Statement conditions, it will not treat that digestate as a regulated waste for land application. Cawood+4Scottish Environment Protection Agency+4SRUC+4

Here are key points and caveats:

This regulatory position is set out in SEPA’s Regulation of Outputs from Anaerobic Digestion Processes (version 5, 2017) and associated guidance. Scottish Environment Protection Agency
SEPA states that digestates derived from waste are normally regarded as waste, but will not apply waste regulatory controls if PAS 110 and additional conditions are satisfied. Scottish Environment Protection Agency+1
Those conditions include having the relevant environmental authorisation, compliance with contaminant limits, proper record-keeping, use in appropriate settings, and meeting other regulatory controls (e.g. diffuse pollution rules) Cawood+3Scottish Environment Protection Agency+3SRUC+3
SEPA also includes special provisions: for digestates from agricultural manures and slurries (without other wastes), they may not need full waste control even without PAS 110 if used on agricultural land under applicable rules. SEPA Beta+2SRUC+2
However, if digestate does not comply with SEPA’s Position Statement or is stored indefinitely, it may revert to being treated as a waste. Cawood+2SRUC+2

So, the original rule that “SEPA do not apply waste rules to PAS 110 certified digestates” is still broadly valid, but must be qualified: only when all conditions are met.

Certified Anaerobic Digestion Digestates Under PAS110 are waste no more

England, Wales & Northern Ireland: Quality Protocol / End-of-Waste

In England, Wales and NI the Anaerobic Digestate Quality Protocol (ADQP) published by the Environment Agency sets end-of-waste criteria. If digestate meets those criteria, it is regarded as no longer waste and can be used without waste management controls. GOV.UK+1
The Quality Protocol works in tandem with PAS 110 (i.e. meeting PAS 110 is a strong route to satisfy the criteria). GOV.UK+2GOV.UK+2
If digestate does not meet ADQP, then waste controls (transport, handling, permitting) will apply. GOV.UK+1

Thus, yes, in England & Wales, digestate that meets PAS 110 / ADQP is typically exempt from waste regulation (in the sense of end-of-waste), provided other regulatory and permitting conditions are satisfied.

What’s changed — and what to watch for

New “Resource Frameworks” / updated approaches

Recent commentary suggests that the existing Quality Protocols might evolve, transitioning into “Resource Frameworks” which more clearly define when waste controls are no longer needed, focusing on ensuring product safety. WRM
In that new framing, digestate (meeting PAS110:2014) would be considered no longer waste without further treatment, subject to stricter limits (e.g. on contaminants). WRM

Updated plastic contamination limits

One update: under the newer scheme rules in Scotland, the plastic contamination limit of digestate is being tightened — specifically, the limit is set to 8% of the current PAS 110 physical contaminants limit. ofgorganic.org
This suggests that certified digestate must meet more stringent contaminant requirements to retain “product rather than waste” status. ofgorganic.org

Moves toward a new PAS110 version

The Renewable Energy Association (REA) has welcomed proposals for an updated anaerobic digestion quality protocol, which would likely accompany or prompt an update to PAS 110 to better align with new regulatory expectations. biomassmagazine.com
However, as of now, PAS110:2014 remains the operative published specification. I found no public confirmation of a newer version being formally released or finalised.
That said, operators should stay alert: the regulatory and standards landscape appears active, and proposals under discussion may emerge.

Analytical & testing updates

Some labs are adapting to changing sludge and contaminant testing requirements to support more rigorous analysis under evolving frameworks. Cawood

Benefits & cautions of using PAS110 certification

Benefits

Regulatory relief: if digestate meets PAS110 + jurisdictional protocols/position statements, it can be applied to land without waste controls (no need for waste exemption or licensing) in many cases.
Market confidence: certification helps reassure users and landowners that the product is safe, consistent, and meets quality thresholds.
Cost saving: avoiding the administrative burden of waste regulation can reduce costs (registrations, permits, record-keeping).
Encourages AD investment: by lowering regulatory risk for digestate as a product, PAS110 helps support investment in AD infrastructure.

Cautions / things to watch

Compliance is key: missing any condition (contaminants, record-keeping, storage rules) could revert digestate to being regulated as waste.
Other regulations still apply: even PAS110-compliant digestate must still comply with diffuse pollution rules, NVZ regulations, soil protection, spreading best practices, etc. GOV.UK+3Scottish Environment Protection Agency+3SRUC+3
Storage & time: digestate stored indefinitely or not used may be reclassified as waste.
Geographical variation: regulatory positions vary by country/region. What SEPA does in Scotland may differ from England, Wales, and Northern Ireland.
Evolving rules: as frameworks shift (e.g. Resource Frameworks), existing certifications or thresholds may need updating.

Recommendations for waste professionals & horticulturalists

When sourcing digestate, ask your supplier for a current PAS110 Certificate of Analysis, showing compliance for the specific batch/form (whole, liquor, fibre).
Check that the supplier is operating under the Biofertiliser Certification Scheme (BCS / REAL BCS) or equivalent, and that the certification covers the relevant outputs.
Verify that the digestate meets any jurisdictional regulatory position statements or quality protocols (e.g. SEPA in Scotland, EA’s ADQP in England).
Check plastic/physical contaminant levels, because updated rules may reduce allowable thresholds.
Confirm storage and spreading arrangements comply with local environmental rules (e.g. buffer zones, watercourse proximity, weather conditions).
Stay updated on proposals for changes or new versions of PAS110 / quality protocol frameworks.
For digestate from farm-based AD plants using only manures/slurries, ask whether “non-waste” status may apply even without full PAS110, depending on jurisdiction. Farmers Weekly+2SRUC+2

If you like, I can prepare a version tailored specifically for Scotland, or a side-by-side comparison Scotland vs England/Wales digestate regulation. Would you like me to produce that next?