
1 
This Order may be cited as the Renewable Transport Fuel Obligations (Amendment) Order 2024 and comes into force on the 1st July 2024.
2 
This Order extends to the United Kingdom.
3 
The Renewable Transport Fuel Obligations Order 2007 is amended as follows.
4 
In article 2(1)—
(a) in the definition of “relevant feedstock”, after sub-paragraph (e), insert—“
(f) wastes of fossil origin designated as a relevant feedstock under article 15A;”;
(b) in the definition of “sustainable feedstock”, after sub-paragraph (c), insert—“
(d) to the extent that it consists of wastes of fossil origin, meets the sustainable waste management criteria;”;
(c) after the definition of “sustainable feedstock”, insert—“
 “sustainable waste management criteria” means the criteria set out in paragraph 2(4) of Schedule 1.”.
5 
In article 3—
(a) in paragraph (2C)(a)(iii), at the end, omit “or”;
(b) in paragraph (2C)(b), at the end, replace “.” with “; or”;
(c) after paragraph (2C)(b), insert—“
(c) recycled carbon fuel which consists of a type of renewable transport fuel specified in paragraph (2D).”.
(d) after paragraph (2D), insert—“
(2E) For hydrogen produced using wastes of fossil origin, that hydrogen is only considered a specified type of renewable transport fuel under paragraph (2D) if carbon emitted during its production is captured and stored as determined by the Administrator and published in the guidance under article 15(1)(m).”;
(e) after paragraph (8), insert—“
(8A) “recycled carbon fuel” means a transport fuel designated under paragraph (15);”;
(f) in paragraph (12)(a), after “feedstock”, insert “, except for a waste of fossil origin designated under article 15A”;
(g) after paragraph (14), insert—“
(15) For the purposes of section 131D(1)(a) of the 2004 Act, a liquid or gaseous fuel produced wholly from a waste of fossil origin designated by the Administrator as a relevant feedstock is designated as a recycled carbon fuel.”.
6 
In article 15(1)(m)—
(a) at the end of paragraph 15(1)(m)(v), replace “.” with “;”;
(b) after paragraph 15(1)(m)(v), insert—“
(vi) how the Administrator is to be satisfied that the sustainable waste management criteria are met;
(vii) for the purposes of paragraph 4 of Schedule 1, how the minimum GHG emissions saving from the use of an amount of recycled carbon fuel are determined and, in particular of how default values and actual values are determined for an amount of recycled carbon fuel;
(viii) how the Administrator is to be satisfied that carbon emitted during the production of hydrogen using wastes of fossil origin has been captured and stored appropriately.”.
7 
After article 15, insert—“
15A 

(1) The Administrator must determine the wastes of fossil origin that may be used in the production of a recycled carbon fuel and designate each such waste as a relevant feedstock.
(2) In making a determination under paragraph (1), the Administrator must consider—
(a) whether the production, supply or use of a fuel produced using a waste of fossil origin has one or more of the effects described in section 126(4) of the 2004 Act; and
(b) any alternative uses and disposal outcomes available for that waste of fossil origin.
(3) The Administrator must publish a list containing each waste of fossil origin designated as a relevant feedstock under paragraph (1).”.
8 
In paragraph (1)(a)(iii)(cc), after “waste”, insert “, except for wastes of fossil origin”.
9 

(1) Schedule 1 (sustainability criteria) is amended as follows.
(2) In paragraph 2(1), in the table (compliance with the sustainability criteria)—
(a) in the third row of the second column, after “wastes”, insert “of biological origin”;
(b) for the sixth row of the second column, substitute—“Any feedstock not falling within entries 1 to 5 or 7”;
(c) after entry number 6, insert—“
7 Wastes of fossil origin The GHG emission saving threshold and the sustainable waste management criteria”.
(3) After paragraph 2(3), insert—“
(4) Wastes of fossil origin meet the sustainable waste management criteria if the renewable transport fuel supplier provides evidence, by reference to the guidance published by the Administrator under article 15(1)(m), that satisfies the Administrator that adequate monitoring or management plans are in place to address the local environmental impacts caused as a result of sourcing or processing the waste.”;
(4) In paragraph 4 (minimum emission saving)—
(a) in sub-paragraph (a), after RFNBO, insert “or a recycled carbon fuel.”;
(b) in sub-paragraph (b), after RFNBO, insert “or a recycled carbon fuel.”;
(c) after sub-paragraph (b), insert—“
(c) the minimum GHG emission saving from the use of an amount of recycled carbon fuel is determined by reference to guidance published by the Administrator under article 15(1)(m).”
Signed by the authority of the Secretary of State for Transport
Anthony Browne
Parliamentary Under Secretary of State
Department for Transport
13th May 2024