The Renewable Heat Incentive Scheme Regulations (Northern Ireland) 2012

PART 4 N.I. ONGOING OBLIGATIONS FOR PARTICIPANTS

CHAPTER 1 N.I. Ongoing obligations relating to the use of solid biomass to generate heat

Interpretation N.I.

27.  In this Part—

“energy content” means the energy contained within a substance (whether measured by a calorimeter or determined in some other way) expressed in terms of the substance’s gross calorific value within the meaning of British Standard BS 7420:1991 (Guide for determination of calorific values of solid, liquid and gaseous fuels (including definitions) published by the British Standards Institute on 28th June 1991);(1)

“landfill gas” means gas formed by the digestion of material in a landfill;

“standby generation” means the generation of electricity by equipment which is not used frequently or regularly to generate electricity and where all the electricity generated by that equipment is used by the accredited RHI installation;

“waste” has the same meaning as in Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997(2)

Commencement Information

I1 Reg. 27 in operation at 1.11.2012, see reg. 1

Participants using solid biomass contained in municipal waste N.I.

28.—(1) This regulation applies to participants generating heat in an accredited RHI installation from solid biomass contained in municipal waste.

(2) The proportion of solid biomass contained in the municipal waste must be a minimum of 50 per cent.

(3) For the purposes of paragraph (2)—

(a) the proportion of solid biomass contained in the municipal waste is to be determined by the Department for every quarterly period;

(b) it is for the participant to provide, in such form as the Department may require, evidence to demonstrate to the Department’s satisfaction the proportion of the energy content of the municipal waste used in any quarterly period which is composed of fossil fuel, to enable the Department to determine the proportion of solid biomass in accordance with sub-paragraph (c);

(c) the proportion of solid biomass is the energy content of the municipal waste used in any quarterly period to generate heat less the energy content of any fossil fuel of which that municipal waste is in part composed, expressed as a percentage of the energy content of that municipal waste.

(4) The participant may use fossil fuel (other than fossil fuel mentioned in paragraph (3)(c)) in an accredited RHI installation for the following permitted ancillary purposes only—

(a) cleansing other fuels from the accredited RHI installation’s combustion system prior to using fossil fuel to heat the combustion system to its normal temperature;

(b) the heating of the accredited RHI installation’s combustion system to its normal operating temperature or the maintenance of that temperature;

(c) the ignition of fuels of low or variable calorific value;

(d) emission control;

(e) in relation to accredited RHI installations which are CHP systems, standby generation or the testing of standby generation capacity.

(5) The energy content of the fossil fuel used during any quarterly period for the permitted ancillary purposes specified in paragraph (4) must not exceed 10 per cent of the energy content of all the fuel used by that accredited RHI installation to generate heat during that quarterly period.

(6) Without prejudice to paragraph (3)(b), when determining the proportion of solid biomass contained in municipal waste, the Department may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the energy content of the municipal waste is composed of fossil fuel.

(7) Subject to paragraph (8), where the participant produces to the Department—

(a) data published by the Department of the Environment or a district council demonstrating that the proportion of municipal waste used by that participant which is composed of fossil fuel is unlikely to exceed 50 per cent; and

(b) evidence that the municipal waste used has not been subject to any process before being used that is likely to have materially increased that proportion;

the Department may accept this as sufficient evidence for the purposes of paragraph (3)(b) of the fact that the proportion of the municipal waste used which is composed of fossil fuel is no more than 50 per cent.

(8) Where the Department so requests, the participant must arrange for samples of the municipal waste used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such municipal waste, to be taken by a person (and analysed in a manner) specified by the Department, and for the results of that analysis to be made available to the Department in such form as the Department may require.

(9) The participant may not generate heat using solid biomass contained in any waste other than municipal waste.

Commencement Information

I2 Reg. 28 in operation at 1.11.2012, see reg. 1

Participants using solid biomass in accredited RHI installations with an installation capacity of between 45kWth and 1MWth N.I.

29.—(1) This regulation applies to participants generating heat from solid biomass, not being solid biomass contained in municipal waste, in an accredited RHI installation with an installation capacity of between 45kWth and 1MWth.

(2) The participant may use solid biomass contaminated with fossil fuel provided that the participant complies with the following sub-paragraphs as well as the other requirements of this regulation—

(a) the participant may use solid biomass contaminated with fossil fuel only where the proportion of fossil fuel contamination does not exceed 10 per cent;

(b) such contaminated biomass may not be used unless the fossil fuel is present because—

(i) the solid biomass has been subject to a process, the undertaking of which has caused the fossil fuel to be present in, on or with the biomass even though that was not the object of the process; or

(ii) the fossil fuel is waste and was not added to the solid biomass with a view to its being used as a fuel;

(c) for the purposes of sub-paragraph (a)—

(i) the proportion of fossil fuel contamination is to be determined by the Department for every quarterly period;

(ii) it is for the participant to provide, in such form as the Department may require, evidence to demonstrate to the Department’s satisfaction the proportion of fossil fuel contamination; and

(iii) the proportion of fossil fuel contamination is the energy content of the fossil fuel with which the solid biomass used in any quarterly period is contaminated expressed as a percentage of the energy content of all solid biomass (contaminated or otherwise) used in that quarterly period to generate heat other than fossil fuel used in accordance with sub-paragraphs (d) and (e);

(d) the participant may use fossil fuel (other than fossil fuel mentioned in sub-paragraph (a)) in an accredited RHI installation for the following permitted ancillary purposes only—

(i) cleansing other fuels from the accredited RHI installation’s combustion system prior to using fossil fuel to heat the combustion system to its normal temperature;

(ii) the heating of the accredited RHI installation’s combustion system to its normal operating temperature or the maintenance of that temperature;

(iii) the ignition of fuels of low or variable calorific value;

(iv) emission control;

(v) in relation to accredited RHI installations which are CHP systems, standby generation or the testing of standby generation capacity;

(e) the energy content of the fossil fuel used during a quarterly period for the permitted ancillary purposes specified in sub-paragraph (d) must not exceed 10 per cent of the energy content of all the fuel used by that accredited RHI installation to generate heat during that quarterly period.

(3) Where solid biomass contaminated with fossil fuel is used in an accredited RHI installation, the participant must keep and provide upon request written evidence including invoices, receipts and such other documentation as the Department may specify relating to fuel use and fossil fuel used for the permitted ancillary purposes specified in paragraph (2)(d) and provide this information upon request to the Department, in such form as the Department may require, to demonstrate compliance with this regulation.

(4) Without prejudice to paragraph (3), the Department may have regard to any information (whether or not produced to it by the participant) if, in its opinion, that information indicates what proportion of the contaminated solid biomass is composed of fossil fuel.

(5) Where—

(a) the Department is not satisfied that the proportion of fossil fuel contamination (within the meaning of paragraph 2(c)(iii) does not exceed 10 per cent; or

(b) the Department is not satisfied as to the matters specified in paragraphs (2)(d) and (2)(e),

the Department may require the participant to arrange for samples of the fuel used (or to be used) in the accredited RHI installation, or of any gas or other substance produced as the result of the use of such fuel, to be taken by a person (and analysed in a manner) specified by the Department, and for the results of that analysis to be made available to the Department in such form as the Department may require.

Commencement Information

I3 Reg. 29 in operation at 1.11.2012, see reg. 1

CHAPTER 2 N.I. Ongoing obligations relating to the use of biogas to generate heat and the production of biomethane for injection

Biogas produced from gasification or pyrolysis N.I.

30.—(1) This regulation applies to participants producing biogas using gasification or pyrolysis and generating heat from that biogas in an accredited RHI installation.

(2) The participant may only use solid biomass or municipal waste as feedstock to produce the biogas.

(3) Where the participant uses municipal waste as feedstock—

(a) paragraphs (2), (3), (6) and (7) of regulation 28 apply to the proportion of solid biomass contained in the municipal waste used for feedstock in the same way as for the proportion of solid biomass contained in municipal waste used to generate heat; and

(b) paragraphs (4) and (5) of regulation 28 apply.

(4) Where the participant uses solid biomass (not being solid biomass contained in municipal waste) as feedstock—

(a) paragraphs (2)(a), (b) and (c) and (4) of regulation 29 apply to the contamination of solid biomass used for feedstock in the same way as for solid biomass contaminated with fossil fuel used to generate heat; and

(b) paragraphs 2(d) and (e) of regulation 29 applies.

(5) Where the Department so requests, the participant must arrange for samples of the municipal waste or solid biomass used (or to be used) as feedstock in the biogas production plant, or of any gas or other substance produced as a result of the use of such municipal waste or solid biomass, to be taken by a person (and analysed in a manner) specified by the Department, and for the results of that analysis to be made available to the Department in such form as the Department may require.

Commencement Information

I4 Reg. 30 in operation at 1.11.2012, see reg. 1

Participants generating heat from biogas N.I.

31.—(1) This regulation applies to participants generating heat from biogas in an accredited RHI installation where regulation 30 does not apply.

(2) A participant using biogas produced by anaerobic digestions may only use biogas which—

(a) 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 in the accredited RHI installation only in accordance with paragraphs 2(d) and (e) of regulation 29.

Commencement Information

I5 Reg. 31 in operation at 1.11.2012, see reg. 1

Biomethane producers N.I.

32.—(1) This regulation applies to participants producing biomethane for injection.

(2) A participant producing biomethane for injection from biogas made by gasification or pyrolysis may only use biogas made using solid biomass or municipal waste as feedstock.

(3) Where municipal waste is used as feedstock, paragraphs (2) and (3)(c) of regulation 28 apply to the proportion of solid biomass contained in municipal waste used as feedstock in the same way as for the proportion of solid biomass contained in municipal waste used to generate heat.

(4) Where solid biomass is used as feedstock, paragraphs (2) (a), (b)and (c)(iii), of regulation 29 applies to the contamination of solid biomass used for feedstock in the same way as for solid biomass contaminated with fossil fuel used by participants to generate heat.

(5) A participant producing biomethane for injection from biogas made by anaerobic digestion must comply with regulation 31(2).

(6) The participant must provide measurements in such format as the Department may request which satisfies the Department of all of the following—

(a) the gross calorific value and volume of biomethane injected;

(b) the gross calorific value and volume of any propane contained in the biomethane;

(c) the kWh of biomethane injected together with supporting meter readings and calculations;

(d) the kWhth of heat supplied to the biogas production plant (other than heat contained in feedstock to produce biogas by anaerobic digestion) which made the biogas used in any quarterly period to produce biomethane for injection;

(e) any heat supplied to the biomethane production process.

(7) The participant must keep and provide upon request copies or details of agreements with third parties with whom the participant contracts to carry out any of the processes undertaken to turn the biogas into biomethane and to arrange for its injection.

(8) The participant must keep and provide upon request written evidence including invoices, receipts, contracts and such other information as the Department may specify in relation to biogas purchased and feedstock used in the production of the biogas used to produce biomethane.

(9) The participant must provide sustainability information in accordance with Schedule 2.

Commencement Information

I6 Reg. 32 in operation at 1.11.2012, see reg. 1

CHAPTER 3 N.I. Ongoing obligations relating to other matters

Ongoing obligations: general N.I.

33.  Participants must comply with the following ongoing obligations, as applicable—

(a) they must keep and provide upon request by the Department records of type of fuel used and fuel purchased for the duration of their participation in the scheme;

(b) they must keep and provide upon request by the Department written records of fossil fuel used for the permitted ancillary purposes specified in Chapters 1 and 2;

(c) they must submit an annual declaration as requested by the Department confirming, as appropriate, that they are using their accredited RHI installations in accordance with the eligibility criteria and are complying with the relevant ongoing obligations;

(d) they must notify the Department if any of the information provided in support of their application for accreditation or registration was incorrect;

(e) they must ensure that their accredited RHI installation continues to meet the eligibility criteria;

(f) they must comply with any condition attached to their accreditation or registration;

(g) they must keep their accredited RHI installation maintained to the Department’s satisfaction and keep evidence of this including service and maintenance documents;

(h) participants combusting biogas must not deliver heat by air from their accredited RHI installation to the biogas production plant producing the biogas used for combustion;

(i) they must allow the Department or its authorised agent reasonable access in accordance with Part 9;

(j) participants generating heat from solid biomass must comply with the regulation specified by the Department in accordance with regulation 22(6)(e);

(k) they must notify the Department within 28 days where they have ceased to comply with an ongoing obligation or have become aware that they will not be able so to comply, or where there has been any change in circumstances which may affect their eligibility to receive periodic support payments;

(l) they must notify the Department within 28 days of the addition or removal of a plant supplying heat to a heating system of which their accredited RHI installation forms part;

(m) they must notify the Department within 28 days of a change in ownership of all or part of their accredited RHI installation;

(n) they must repay any overpayment in accordance with any notice served under regulation 47;

(o) they must, if requested, provide evidence that the heat for which periodic support payments are made is used for an eligible purpose;

(p) they must not generate heat for the predominant purpose of increasing their periodic support payments;

(q) they must comply with such other administrative requirements that the Department may specify in relation to the effective administration of the scheme.

Commencement Information

I7 Reg. 33 in operation at 1.11.2012, see reg. 1

Ongoing obligations in relation to metering N.I.

34.—(1) Participants must keep all meters and steam measuring equipment required to be used in accordance with these Regulations—

(a) continuously operating;

(b) properly maintained and periodically checked for errors; and

(c) re-calibrated every 10 years or within such period of time as may be specified in accordance with manufacturers’ instructions where available; whichever is the sooner,

and must retain evidence of this, including service and maintenance invoices, receipts or certificates for the duration of their participation in the scheme.

(2) The Department may, by the date (if any) specified by it, or at such regular intervals as it may require to enable it to carry out its functions under these Regulations, require participants to provide the following information—

(a) meter readings and other data collected in accordance with these Regulations from all steam measuring equipment, class 2 heat meters and other heat meters used in accordance with these Regulations in such format as the Department may reasonably require;

(b) in relation to participants using steam measuring equipment, a kWhth figure of both the heat generated and the heat used for eligible purposes together with supporting data and calculations; and

(c) the evidence and service and maintenance documentation specified in paragraph (1).

(3) Participants using heat pumps to provide both heating and cooling must ensure that their meters for those pumps enable them to—

(a) measure heat used for eligible purposes only; and

(b) where appropriate, measure (in order to discount) any cooling generated by the reverse operation of the heat pump,

and must provide upon request an explanation of how their metering arrangements have enabled the cooling in sub-paragraph (b) to be discounted.

(4) The data referred to in paragraph (2)(a) and (b) may be estimated in exceptional circumstances if the Department has agreed in writing to an estimate being provided and to the way in which those estimates are to be calculated.

(5) Nothing in this regulation prevents the Department from accepting further data from a participant, if the Department considers it appropriate to do so.

Commencement Information

I8 Reg. 34 in operation at 1.11.2012, see reg. 1

Ongoing obligations in relation to the provision of information N.I.

35.—(1) A participant must provide to the Department on request any information which the participant holds and which the Department requires in order to discharge its functions under these Regulations.

(2) Participants must retain the information referred to in Schedule 1, including such information as may reasonably be required by the Department under paragraph 1(2)(e), (f), (h), (k), (n), (v) or (w) and whether or not copies of that documentation have been supplied to the Department, for the duration of their participation in the scheme.

(3) Information requested under paragraph (1) must be provided within 7 days of the request or such later date as the Department may specify.

(4) Information provided to the Department under these Regulations must be accurate to the best of the participant’s knowledge and belief.

(5) Sub-paragraphs (3) and (4) of paragraph 1 of Schedule 1 have effect.

Commencement Information

I9 Reg. 35 in operation at 1.11.2012, see reg. 1

(1)

ISBN 0580194825 Copies can be obtained from the British Standards Institution: www.bsi-global.com/en/

(2)

S.I. 1997/2778 (N.I. 19); Article 2(2) was amended by SR 2011 No. 127