Section 810-RICR-40-05-2.7 - Eligible Biomass Fuel Generation UnitsA. At the time of application for certification, Generation Units proposing to use an Eligible Biomass Fuel are required to submit a fuel source plan, which shall specify: 1. The type of Eligible Biomass Fuel to be used at the Generation Unit;2. If the proposed fuel is clean wood, any further substantiation the applicant may wish to supply as to why the fuel source should be considered a clean wood;3. In the case of co-firing with a fossil fuel, a description of how such co-firing will occur and how the relative amounts of Eligible Biomass Fuel and fossil fuel will be measured, and how the eligible portion of generation output will be calculated. Such calculations shall be based on the energy content of the proposed fuels used;4. A description of what measures the applicant will take to ensure that only the Eligible Biomass Fuel are used, examples of which may include: standard operating protocols or procedures that will be implemented at the Generation Unit, contracts with fuel suppliers, testing or sampling regimes;5. That the fuels stored at or brought to the Generation Unit will only be either Eligible Biomass Fuels or fossil fuels used for co-firing. Biomass Fuels not deemed eligible will not be allowed at the premises of certified Generation Units; and6. If the proposed fuel includes recycled wood waste, documentation that such fuel meets the definition of Eligible Biomass Fuel and also meets material separation, storage, or handling standards acceptable to the Commission and furthermore consistent with these regulations.B. In determining if an Eligible Biomass Generation Unit shall be certified, the Commission will consider if the fuel source plan can reasonably be expected to ensure that only Eligible Biomass Fuels will be used, and in the case of co-firing ensure that only that proportion of generation attributable to an Eligible Biomass Fuel be eligible. Certification will not be granted to those Generation Units with fuel source plans the Commission deems inadequate for these purposes.C. Should the Commission have reason to believe that a Generation Unit is using a non-eligible biomass fuel, or claiming eligibility for a portion of generation in excess of that attributable to the Eligible Biomass Fuel, the Commission will schedule within 30 days a hearing to determine if the Generation Unit is in compliant with its certification, and provide written notice to the applicant of the hearing date and reasons for the hearing. Should the applicant fail to appear at the hearing, the Generation Unit will be immediately de-certified.D. Should the Commission determine that a Generation Unit is in fact non-compliant, it will take the following actions depending on the Commission's determination of why such non-compliance occurred:1. If the applicant, or Generation Unit owners or operators, willfully attempted to circumvent, disregard, or disobey either these regulations, the application for certification, or the fuel source plan, the Generation Unit shall be immediately de-certified and the case referred to the Attorney General's office and subject to the sanctions provided in § 2.10 of this Part.2. If the Commission determines that the fuel source plan was in fact being followed, but the plan was inadequate to ensure compliance, the applicant may submit a revised fuel source plan within 30 days of receiving such a ruling from the Commission. Should the Commission approve the revised plan, certification of the Generation Unit will continue uninterrupted without prejudice or penalty. Should the applicant fail to have a revised fuel source plan approved by the Commission within 60 days of the Commission's determination that a revised plan is required, the Generation Unit shall be de-certified.3. If the Commission determines that the fuel source plan was not being followed, but not for reasons of willful misconduct on the part of the applicant or the Generation Unit owner or operator, the applicant shall provide a written explanation of why or how the failure to comply occurred, and describing what measures will be taken to prevent such compliance failure from happening again. If the same Generation Unit is later again found to be out of compliance, and the Commission finds the measures proposed for preventing such non-compliance in a previous instance were in fact not followed, the Generation Unit will be immediately de-certified. If the measures were found to have been followed but proved inadequate to ensure compliance, or the reason for non-compliance did not relate to the measures previously implemented, the applicant may again provide written explanation and description of corrective measures to prevent future non-compliance. However, if a Generation Unit is found to not be following its fuel source plan in three instances in any ten-year period, it shall be immediately de-certified and subject to the sanctions provided in § 2.10 of this Part.810 R.I. Code R. 810-RICR-40-05-2.7
Amended effective 5/28/2024