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40.—(1) This regulation applies to a participant 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 waste as feedstock to produce the biogas.
(3) Where the participant uses waste as feedstock—
(a)paragraphs (2), (3), (6) and (7) of regulation 37 apply to the proportion of solid biomass contained in the waste used for feedstock in the same way as for the proportion of solid biomass contained in waste used to generate heat; and
(b)paragraphs (4) and (5) of regulation 37 apply.
(4) Where the participant uses solid biomass (not being solid biomass contained in waste) as feedstock—
(a)paragraphs (2), (3), (4) and (7) of regulation 38 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 (5) and (6) of regulation 38 apply.
(5) Where the Authority so requests, the participant must arrange for samples of the 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 waste or solid biomass, to be taken by a person (and analysed in a manner) specified by the Authority, and for the results of that analysis to be made available to the Authority in such form as the Authority may require.
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 in the accredited RHI installation only in accordance with paragraphs (5) and (6) of regulation 38.
42.—(1) This regulation applies to a participant 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 waste as feedstock.
(3) Where waste is used as feedstock, paragraphs (2) and (3)(c) of regulation 37 apply to the proportion of solid biomass contained in waste used as feedstock in the same way as for the proportion of solid biomass contained in waste used to generate heat.
(4) Where solid biomass is used as feedstock, paragraphs (2), (3), and (4)(c) of regulation 38 apply 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 41(2).
(6) The participant must provide measurements in such format as the Authority may request which satisfy the Authority 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 to the Authority 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 Authority may specify in relation to biogas purchased and feedstock used in the production of the biogas used to produce biomethane.