Energy from waste

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This Overview signposts materials on energy from waste (EfW), covering planning, permitting, project development, procurement and offtake.

EfW sits at the nexus of waste and energy policy, providing residual waste treatment and electricity and heat within the waste hierarchy and circular economy. Practitioners must navigate dual regimes: waste law (including the Waste Framework Directive as retained EU law, the definition of waste and end‑of‑waste status, and controls on transfrontier shipments) and energy/infrastructure regulation.

Key issues include environmental permitting under the Environmental Permitting (England and Wales) Regulations 2016, applying Chapter IV of the Industrial Emissions Directive to incineration and co‑incineration, Best Available Techniques (Waste Incineration BAT conclusions) and continuous emissions monitoring, as enforced by the Environment Agency and devolved environmental regulators. Management of residues (incinerator bottom ash and air pollution control residues), their classification, recovery routes and liabilities is central.

Planning and consenting often proceed under the Planning Act 2008 for nationally significant infrastructure (with National Policy Statements EN‑1 and EN‑3 relevant), or under town and country planning regimes below thresholds, with separate frameworks in Scotland, Wales and Northern Ireland. Commercial aspects cover feedstock supply and gate fees, construction/O&M,...

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