EPA classifies digestate as reportable priority waste in Schedule 5 of the regulations. The appropriate waste code is N205: Residues from industrial waste treatment/disposal operations, including digestate, bottom ash and char.

Those managing reportable priority wastes are subject to certain duties under the EP Act. These duties include requirements to track movements of the waste using Waste Tracker.

EPA has released two tools for managing low-risk digestate:

• Designation - Classification of digestate for composting or other secondary processing or use
• Determination – Specifications acceptable to the Authority for receiving digestate.

The designation allows you to reclassify low-risk digestate. Low-risk digestate means digestate that meets the specifications of the designation. If the digestate meets the specifications, it will no longer be reportable priority waste. This means permissions are not required to supply and transport it. It also means waste tracking is not required. But digestate remains industrial waste and priority waste and the duties for industrial and priority waste still apply. 

The determination creates a lawful place for digestate classified under the designation. This allows a person or premises to receive low-risk digestate for use such as land application, without a permission for the activity.

These tools can apply to anyone managing digestate, if they meet the conditions.