N.J. Admin. Code § 14:8-2.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 14:8-2.5 - Energy that qualifies for a class I REC

(a) This section sets forth the types of energy that qualify as class I renewable energy for the purposes of issuance of a class I REC usable for compliance with this subchapter. The Board has determined that energy listed at (b) below qualifies as class I renewable energy, with no prior approval required. Energy listed at (d) and (e) below shall qualify as class I renewable energy if the conditions specified in those subsections are met.

(b) The following qualify as Class I renewable energy for the purposes of this subchapter, with no prior approval required:

1. Solar electric generation in the form of solar RECs;

2. Solar electric generation from a certified facility after the facility's qualification life has ended;

3. Electricity derived from wind energy;

4. Electricity derived from wave or tidal action;

5. Electricity that is geothermal energy, as defined in 14:8-2.2;

6. Electricity generated by the combustion of methane gas captured from a landfill;

7. Electricity generated by a fuel cell powered by methanol, ethanol, landfill gas, digester gas, biomass gas, or other renewable fuel. Electricity generated by a fuel cell powered by a fossil fuel shall not qualify as Class I renewable energy for the purposes of this subchapter; and

8. Electricity generated by the combustion of gas from the anaerobic digestion of food waste and sewage sludge at a biomass generating facility.

(c) For purposes of this section, the term "combustion of biomass" includes both the burning of captured methane gas derived from biomass, as well as the direct firing of biomass.

(d) Electricity produced through combustion of the following types of biomass shall qualify as class I renewable energy, provided that the NJDEP provides Board staff with a biomass sustainability determination for the biomass in accordance with (f) and (g) below:

1. A bioenergy crop, as defined at 14:8-2.2, including wood produced at a biomass energy plantation;

2. Wood from the thinning or trimming of trees and/or from a forest floor, provided that the wood is not old-growth timber, as defined at 14:8-2.2; and that the wood is unadulterated by non-cellulose substances or material;

3. Gas generated by anaerobic digestion of biomass fuels other than food waste and sewage sludge, including bioenergy crops and agricultural waste; and

4. Either of the following types of wood, provided that the wood is unadulterated by non-cellulose substances or material:

i. Ground or shredded pallets or other scrap wood, with all nails and other metal removed, produced at a facility that is classified as a Class B recycling facility by the New Jersey Department of Environmental Protection's Bureau of Landfill and Recycling Management, or at an equivalent recycling facility approved by the State environmental agency in which the facility is located; or

ii. Wood shavings and/or scrap from a lumberyard or a paper mill, excluding black liquor, as defined at 14:8-2.2.

(e) Electricity produced through combustion of a type of biomass not described in this section may qualify as class I renewable energy for the purposes of this subchapter, provided that the NJDEP provides Board staff with a biomass sustainability determination for the biomass in accordance with (f) and (g) below.

(f) To support a biomass sustainability determination, a supplier/provider or biomass facility operator shall demonstrate all of the following:

1. The generation facility meets NJDP requirements for state-of-the-art (SOTA) air pollution control at N.J.A.C. 7:27-8;

2. The generation facility's ash management practices comply with NJDEP requirements; and

3. All plant matter used directly as biomass fuel was cultivated and harvested in a sustainable manner, in accordance with a management plan approved by the State environmental agency or agricultural agency in the state in which the plant was grown. If the plant matter is not used directly as biomass fuel, but is subject to alteration after its harvest and before its use as biomass fuel, this determination is not required.

(g) To obtain a biomass sustainability determination, a TPS/BGS provider or biomass facility operator shall submit a request for the determination, including any documentation required by NJDEP. The request shall be submitted to the NJBPU Office of Clean Energy, PO Box 350, Trenton, New Jersey 08625. The TPS/BGS provider or biomass facility operator shall simultaneously provide a copy of the request to the NJDEP's Office of the Commissioner, PO Box 409, Trenton, New Jersey 08625.

(h) If a biomass sustainability determination is required for Class I renewable energy used to comply with this subchapter, the TPS/BGS provider shall submit the determination as part of the annual report required under N.J.A.C. 14:8-2.11, or the biomass facility operator shall submit the determination by October 1 of each year. If the determination is not submitted annually, the energy shall not qualify for use to comply with this subchapter, and the TPS/BGS provider shall submit RECs or ACPs to make up the shortfall. A determination submitted to Board staff after the due date of the annual report shall not be accepted, and the electricity shall not be counted towards the TPS/BGS provider's compliance with this subchapter.

(i) A supplier/provider that uses electricity generated through use of biomass to comply with this subchapter shall maintain documentation that the biomass meets the requirements of this section. If the supplier/provider or biomass facility operator obtained an NJDEP biomass sustainability determination, the supplier/provider or biomass facility operator shall maintain the request for the determination and all supporting documentation on file for five years, and shall produce that documentation upon request by the Board or its designee. In addition, the supplier/provider or biomass facility operator shall annually provide to the Board an affidavit from the operator of the generating facility, certifying that the generating facility continues to operate in conformity with the request and documentation originally provided.

(j) If a generating facility that uses biomass is covered by a NJDEP biomass sustainability determination, and there is a change in the operation of the facility or in the composition of the biomass used as fuel, including in its cultivation and harvesting, any supplier/provider that intends to rely on the facility in the following year for RPS compliance shall do one of the following:

1. Submit a new application for a biomass sustainability determination to the Board. The new application shall be submitted as part of the annual report required under 14:8-2.1 1; or

2. Ensure that the biomass facility operator submits a new determination within 30 days after the change is made, and no later than the date upon which the annual report is due under 14:8-2.1 1.

(k) Failure to submit the information required under (j) above shall disqualify the electricity produced from the facility from use as class I renewable energy as of the date the change in the operation or fuel was made.

(l) Electricity produced through combustion of the following substances shall not qualify as class I renewable energy for the purposes of this subchapter:

1. Treated, painted or chemically coated wood;

2. Municipal solid waste;

3. Tires;

4. Sewage sludge;

5. Wood waste, including demolition waste and construction waste;

6. Old-growth timber, as defined at 14:8-2.2; and

7. Wood harvested from a standing forest, except for a forest that is part of a bioenergy plantation.

N.J. Admin. Code § 14:8-2.5

Amended by 49 N.J.R. 809(a), effective 4/17/2017