The University of Bologna and the European Biochar Industry Consortium are engaged in the analysis of current national policy framework regarding biochar produced from sewage sludge.
The examination of Italian legislation resulted in the following assessment:
The current Italian national regulation does not provide the authorisation for sewage sludge biochar/HTC materials use in the agronomic field. Nevertheless, Italian authorities at national and regional level can foster the regulated inclusion of such practices, following the steps actuated by other EU countries with proper regulations and authorisations on the topic.
Italian national Legislation on sewage sludge¹: National Decree 75/2010, National Decree 99/1992 as revised by Decree 130/2018, Court of Cassation Criminal Section III, sentence n. 2795806/06/2017, National Decree 46/2019, National Decree 75/2010
Key regional provisions¹: Lombardy: Decree X/2031/2014 and Decree 6665/2019, Lombardy Resolution N ° X / 7076 Session of 11/09/2017, Lombardy: Decree 109/2018, Veneto: Decree2241/2005 and 130/2018, Emilia Romagna Decree 285/2005 and 326/2019.
It should first be recalled that sewage sludge is classified as special waste under Art. 183 of Legislative Decree 152/2006 and thus, under competence of the Italian State2. Nevertheless, regional governments regulate the collection, storage, treatment and use of the sewage sludge (Waste and Chemicals, 20183). Moreover, regions are able to introduce specific plans on sewage sludge application to land (ISPRA, 20214) and setting out local limits about sludge use considering the differences in nutrient needs and soil composition (Waste and Chemicals, 2018³). Regional governments have the responsibility to report to state governments about the amount of sewage sludge produced and their disposal (ISPRA, 2021⁴).
Accordingly to the current Italian policy framework, sewage sludge can be applied on agricultural soil after an hygenisation process. The Legislative Decree 75/2010 allows sewage sludge to be converted into fertilizing products if subject to specific treatments. One of the most common processes in Italy include treating sewage sludge with calcium oxide. Further, it is possible to produce calcium sulphate and calcium carbonate, both classified as corrective materials by Annex 3 of Legislative Decree No. 75/2010. They are largely used in Italian agriculture.
Despite the large use of sludge in agriculture, pyrolysis is not yet recognized as a regulated treatment to produce fertilizers from sewage sludge. Biochar use in agriculture has been regulated by the DM of 22-06-2015 and 186 of 12/08/20155 as soil improver. Nevertheless Legislative Decree 75/2010 defines the allowed feedstocks as “products and residues from plant/vegetal origin”, thus excluding by-products and residues from animal sources. Yet, some examples of biochar production from sewage sludge are spreading. For instance, the proposed 2021 regional Management Plan of municipal waste6 of Puglia region aims at integrating pyrolysis of sewage sludge for a better management of this residue.
Another important approach concerns the “End-of-waste” concept, which refers to the process of qualifying waste as a product, after a recycling procedure. In Italy, the topic was introduced by Dlgs 205/2010 within the “Testo Unico Ambientale”, under Art. 184-ter. Waste products, after recycling or recovery, have to satisfy specific conditions, compatible with points a), b), c) and d), comma 1, Art 184-ter. Of note is Regulation (EU) 2019/1009 of 5 June 2019 on rules relating to the making available on the market of EU fertiliser products. This regulation, although not defined as an End of Waste Regulation for all aims, sets in Article 19 the criteria in accordance with which a material that constitutes waste (Directive 2008/08/EC) may cease to be waste (End of Waste) if it is contained in a compliant fertiliser product. Hence, the determination of an End-of-Waste status for biochar produced from sewage sludge can represent a step of great relevance in order to promote its agricultural use.
Currently, Italian national criteria adopted for the cessation of waste status include:
DM 22/2013: Secondary Solid Fuels (CSS)
DM 69/2018: bituminous conglomerates;
DM 62/2019: personal absorbent products (PAP);
DM 78/2020: vulcanised rubber from end-of-life tyres
DM 188/2020: paper and cardboard.
End-of-Waste authorizations though, can be released on a case-by-case basis by local authorities as explained within the EU Directive 2018/851, amending the EU Waste Directive 2008/98/CE.
[1] https://forum.eionet.europa.eu/nrc-eionet-freshwater/library/urban-waste-water-treatment/sewage-sludge-and-circular-economy/download/en/1/Sewage%20Sludge%20and%20the%20Circular%20Economy%20-%20Final%20Report.pdf
[2] https://www.isprambiente.gov.it/it/progetti/cartella-progetti-in-corso/suolo-e-territorio-1/uso-dei-fanghi-di-depurazione-in-agricoltura-attivita-di-controllo-e-vigilanza-del-territorio/files/RERArpaRivistaAlbertazzi32009.pdf
[3] Waste and Chemicals, 2018. Sewage Sludge management legislation in Italy, Presentation. [Online] https://www.slideshare.net/dakar2/sewage-sludge-management-legislation-in-italy-121782867
[4] ISPRA, 2021. Rapporto Rifiuti Urbani, Edizione 2021. [Municipal Waste Report 2021]. [Italian] https://www.isprambiente.gov.it/files2022/pubblicazioni/rapporti/rapportorifiutiurbani_ed-2021-n-355-conappendice_agg18_01_2022.pdf