41.—(1) This regulation applies to a participant generating heat from biogas in an accredited RHI installation to whom regulation 40 does not apply.
(2) Subject to regulation 74, a participant using biogas produced by anaerobic digestion may only use biogas which—
(a)is or was produced from one or more of the following feedstocks—
(i)solid biomass;
(ii)solid waste;
(iii)liquid waste; and
(b)is not landfill gas.
(3) The participant may use fossil fuel [F1(not being feedstock derived from fossil fuel)] in the accredited RHI installation only in accordance with paragraphs (5) and (6) of regulation 38.
[F2(4) The participant may use feedstock derived from fossil fuel in the accredited RHI installation only in accordance with regulation 40A.]
Textual Amendments