Large-Scale Biomethane System with a Capacity Above 1 MW (Agricultural Biogas Plant for Eligible Entities Expanded with a Biogas Upgrading Unit)
Steps in the investment process for implementing this system
The investment process for large-scale biomethane systems of this type is almost identical to that for medium-sized systems with a capacity above 500 kW, with the difference that at the planning stage, it is possible to locate the system based on a Resolution on the Determination of the Location of an Agricultural Biogas Plant.
Step 1 – Obtaining a decision on environmental conditions
Obtaining a Decision on Environmental Conditions (environmental decision) constitutes the first stage in the investment and construction process for a large-scale biomethane system.
Step 2 – Spatial planning
In the Polish legal framework, the most important role is played by Local Spatial Development Plans (MPZP), and in areas not covered by these plans, during the transitional period following the entry into force of the spatial planning reform (Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts (Journal of Laws 2023, item 1688)) – Decisions on Land Development Conditions. An additional solution introduced by the reform is the Integrated Investment Plan (ZPI).
It is important to note that for agricultural biogas plants with an installed capacity greater than 1 MW or producing an equivalent amount of heat, biogas, or biomethane, it is permissible to locate the system by way of an exception to the provisions of the MPZP, through a resolution of the municipal council (Resolution on the Determination of the Location of an Agricultural Biogas Plant).
Additionally, if the land use designation in the MPZP allows for the location of buildings related to agriculture, production, or storage, it also enables the location of a system producing biomethane from agricultural biogas (with exceptions provided for by law).
Step 3 – Obtaining environmental permits
Since the operation of a biomethane system may cause emissions that negatively affect the environment, the investor should obtain the environmental permits required to conduct their business activity.
Obtaining environmental permits is independent of the prior issuance of the environmental decision.
The type of required environmental permits is strictly related to the technical parameters of the biomethane system.
Step 4 – Obtaining conditions for connection to the gas grid (optional)
Conditions for connection to the gas grid are a type of document issued by the operator of the gas distribution or transmission system, specifying technical details and costs related to connecting the biomethane system to the gas grid.
If, within 24 months of obtaining the conditions for connection to the gas grid, the producer does not conclude a connection agreement, the conditions expire.
Unlike connection to the electricity system, in the case of connection to the gas grid, the operator is not obliged to publish information on the availability of connection capacity/network absorption.
Therefore, before submitting an application for the issuance of connection conditions, it is recommended to submit a request to the operator for information on the possibility of connection to the operator’s network. Based on this request, the operator prepares information on the possibility of connection at the point specified by the investor. After obtaining confirmation from the operator regarding network capacity and the ability to receive biomethane, the investor should submit an application for the issuance of connection conditions.
Step 5 – Obtaining a construction permit
A Construction Permit is an element of the investment process that constitutes the basis for commencing construction works on the biomethane system. Without this decision, construction works cannot begin, nor can the system be put into operation at a later stage.
For systems producing biomethane from agricultural biogas for eligible entities, the deadline for the authority to issue a construction permit has been shortened to 45 days.
Step 6 – Operational notification
An Operational Notification is required for biomethane systems classified as buildings. In such cases, they are classified under category XVIII of the annex to the Construction Law, and their use, in accordance with Article 55 of the Construction Law, must be preceded by submitting an operational notification.
Another case requiring an operational notification is when the investor intends to use part of the biomethane system before completing all construction works. A further exception requiring an operational notification is the legalization of unauthorized construction.
Step 7 – Entry in the Register of Agricultural Biogas Producers
Entry in the Register of Agricultural Biogas Producers is a form of obtaining authorization to conduct business activity in the field of producing biomethane from agricultural biogas.