250 R.I. Code R. 250-RICR-140-05-8.13

Current through October 15, 2024

Section 250-RICR-140-05-8.13 - Anaerobic Digestion Facility License Requirements

A. General Information

1. No person shall construct or operate an anaerobic digestion facility unless said person has received a license approved by the Director.

2. One (1) copy of the license application shall be submitted to the Office of Land Revitalization and Sustainable Materials Management. In addition, the applicant shall provide a copy of the application in an approved electronic format to the Office of Land Revitalization and Sustainable Materials Management.

3. It is the responsibility of the applicant to obtain all necessary permits or approvals required by federal, state and local laws and regulations. Cooperation with the Office of Land Revitalization and Sustainable Materials Management will not be construed as relieving the applicant of this obligation.

4. Granting of a license, license renewal or permission for an equipment addition shall in no way affect the applicant's responsibility to meet all federal and state laws, local zoning and other local codes or ordinances.

5. If the digestate solids will be composted and composting will be performed either on-site or off-site in Rhode Island by this same entity, then the entity shall also submit an application for a putrescible waste composting facility registration, per § 8.7 of this Part and submit the applicable details/requirements of that rule. Digestate solids may also be sent offsite for composting to any entity at a site in Rhode Island, provided that the entity is either a registered putrescible waste composting facility or a licensed mixed solid waste composting facility. The final compost product shall meet the product and distribution requirements per § 8.12 of this Part. If the digestate solids are sent out of state for composting, then the applicable state's regulations for composting shall apply.

6. If any portion of the digestate is processed into or distributed as a fertilizer, and the distribution is for use in Rhode Island, then the fertilizer shall meet the requirements of the RIDEM Rules and Regulations Relating to Fertilizers, Part 40-20-10 of this Title, as well as those of R.I. Gen. Laws Chapter 2-7. Otherwise, it shall satisfy the requirements of the state it is distributed to.

7. All activities related to the operation of an anaerobic digestion facility shall be conducted within the confines of an enclosed building, structure or vessel. Activities include receiving and preparing feedstock, anaerobic digestion, handling and management of digestate, composting and storage of finished compost. The applicant may petition the Department to conduct an activity outside the confines of an enclosed building, structure, or vessel if it can be demonstrated that the facility will not impact the surrounding community pursuant to § 8.1(L)(2) of this Part of the Anaerobic Design Standards.

8. Required Plans - In addition to meeting the general requirements set forth in § 1.5 of this Subchapter, each applicant for a license to construct and operate an anaerobic digestion facility is required to submit:

a. Radius Plan pursuant to § 8.3(C) of this Part;

b. Site Plan pursuant to § 8.3(D) of this Part;

c. Construction and Engineering Plans and Specifications pursuant to § 8.3(E) of this Part;

d. Description of Design and Operation of Facility pursuant to § 8.3(F) of this Part;

e. Odor and aesthetic considerations pursuant to § 8.3(G) of this Part;

f. Operating Plan pursuant to § 8.3(H) of this Part;

g. Product Storage and Marketing Plan pursuant to § 8.3(I) of this Part;

h. Facility Closure Plan pursuant to § 8.13(J) of this Part.

B. Applicability

§ 8.13 of this Part applies to any person(s), corporation or other entity proposing to construct and/or operate a facility to produce natural gas and/or energy and/or product(s) from digestate, resulting from the anaerobic digestion of organic materials and/or organic solid wastes. These rules only apply to entities that accept and process wastes received from off-site sources.

C. Radius Plan

1. Radius plan(s) including all of the information listed below shall be submitted for approval with each license application. The radius plan(s) shall be drawn to an appropriate scale adjusted to fit a standard 24 x 36-inch size sheet and including all areas within a one quarter (1/4) mile radius out from all property lines of the anaerobic digestion facility site. The required information includes:

a. Zoning of all areas as required by § 1.5(E)(5) of this Subchapter;

b. All buildings and dwellings (labeled with identification);

c. All public and private water supplies (groundwater wells, reservoirs, etc.);

d. All surface watercourses (labeled with identification);

e. All wetlands and extent of 100-year flood plain (if applicable);

f. All sporting or recreational facilities, parks, conservation and management areas, wildlife refuges and historic sites (labeled with identification);

g. All roads, bridges, railroads and airports (labeled with identification);

h. All rights-of-way or easements for power lines, pipelines, etc.;

i. Legal boundaries of the site, certified by a registered land surveyor in Rhode Island;

j. North arrow;

k. Legend.

D. Site Plan

1. Site plan(s), including all the information listed below for all areas within the site, shall be submitted with the license application. The site plan(s) must be drawn to a minimum scale of one (1) inch to one hundred (100) feet (1"=100'), adjusted to fit on a standard 24 x 36-inch size sheet. The required information includes:

a. Legal boundaries of the site, which shall be certified by a registered land surveyor in the State of Rhode Island;

b. An outlined area showing the proposed licensed area of the facility (if different from the legal boundaries of the site);

c. Proposed fences, gates, barriers, security stations and similar structures providing access control;

d. Access roads and on-site roads;

e. On-site vehicle traffic patterns;

f. Vehicle inspection areas;

g. Parking areas;

h. Weighing facilities (for in-coming vehicles with feedstock), (if any) and feedstock receiving areas;

i. Buildings and structures related to the facility and dwellings;

j. Equipment storage areas (if any);

k. Any storage areas/vessels for feedstock, storage areas for non-processible and non-permitted materials/waste received and feedstock preparation areas;

l. Digester processing areas

m. Digestate management areas and drying areas (if applicable)

n. Composting and curing areas or other product preparation areas (if applicable)

o. Final product storage areas (if any)

p. Biogas handling/processing areas and/or flaring and/or power generation equipment areas:

q. Power lines, pipelines and other utilities connected to the facility and rights of way;

r. Aboveground/Underground Storage Tanks (if any);

s. On-site groundwater wells, surface water courses, water supply areas or wetlands and public or private land conservation areas (if any);

t. Locations of any monitoring wells or surface water monitoring locations (if any);

u. Odor control structures;

v. Locations of any on-site environmental control measures (e.g. storm water control, run-on/run-off control, erosion and sedimentation control, leachate management features, etc.);

w. Labeling of any buffering features/buffer zones;

x. North arrow;

y. Legend;

z. Site designation (within or outside a wellhead protection area).

E. Construction and Engineering Plans and Specifications

1. A preliminary set of construction and engineering plans and specifications relating to all buildings, structures, vessels, equipment and key features of the facility shall be submitted to the Department with the license application. The set shall be sufficient in detail to allow for a comprehensive application review. A complete set of final plans will be submitted prior to construction or operation per Department requirements;

2. Plans showing on-site dimensions and details of the proposed feedstock receiving area, feedstock storage area, non-processible/non-permitted material storage area, feedstock preparation area, digester and related equipment, digestate handling/storage area, digestate drying area (if applicable), biogas handling/processing area, odor control system(s) area, power generation area (if applicable), composting/curing area or other product preparation areas (if applicable), and final product storage area (if any) and including plans for the building(s) and other means to contain these activities;

3. Specifications for the design, construction and maintenance of the surface pads or other means, for digestate composting, or other product preparation and product storage (if applicable), submitted prior to facility construction;

4. Specifications and plans (drawings) for on-site equipment/systems, including manufacturer's design and performance data for the selected equipment relative to feedstock preparation, anaerobic digestion, biogas handling/processing, biogas flaring (if applicable), power generation equipment (if applicable), digestate drying (if applicable) and processing, composting (if applicable) or other product preparation (if applicable), submitted prior to facility operation;

5. Discussion of site preparation, including clearing and grubbing;

6. Specifications and plans for odor control equipment, submitted prior to facility operation;

7. Engineering Management Plan presenting the design basis and calculations for other applicable environmental controls, such as, but not limited to: storm water management controls, leachate collection/control and proper disposal system, and wastewater collection/control and proper re-use and/or disposal system;

8. Specifications for fire prevention, suppression and control systems included in the final approved fire protection plan.

F. Description of Design and Operation of Proposed Facility

1. This overview should include, at a minimum:

a. A descriptive overview (summary) of the entire operating process from reception of feedstock at the facility to product generation at the site, including feedstock receiving activities and storage, feedstock preparation, anaerobic digestion, biogas production, handling, and processing (if applicable), gas flaring (if applicable), power generation (if applicable), digestate management activities, composting and post-composting activities (if any), such as screening and refining and/or other product preparation activities;

b. A process flow diagram of the entire process in § 8.13(F)(1)(a) of this Part above, that takes into account any manual steps, as well as mechanical or automated steps, and includes a total mass balance and accounts for all flow streams;

c. A descriptive overview (summary) of the equipment employed in the entire process in § 8.13(F)(1)(a) of this Part above, including information on the function and capacity of each item of equipment;

d. Discussion of the number of anaerobic digestion and odor control systems in service during normal operating conditions and capacity of each system as well as discussion of any stand-by systems, if any.

G. Odor/Aesthetic Considerations

1. A description of the prevailing winds during the various seasons of the year, with respect to impact on off-site receptors;

2. A description of the air emission collection and control technology and all odor control systems to minimize any impact on the off-site receptors;

3. A description of any aesthetics to be included in the proposed facility/site.

H. Operating Plan

1. An operating plan shall be submitted for approval. The duration of the operating plan shall equal that of the license and shall be updated with each application for renewal or earlier if necessary. The operating plan shall be reviewed by the applicant prior to license renewal and any changes to such plan shall be submitted to the Department for approval at that time. Any changes or additions to the facility's operation subsequent to the approval of the operating plan, including new equipment additions, shall be submitted to the Department for approval prior to the time that changes will be implemented. The applicant shall comply with the requirements specified in §§ 8.14 and 8.15 of this Part. In addition, the following information, at a minimum, shall be included in the Operating Plan:

a. Operating Rates and Maximum Processing Capacity (tons/day)

b. Operating Days and Hours the facility will receive, load/unload feedstock, conduct processing, housekeeping and maintenance activities.

c. Provisions for Limiting Public Access including descriptions of any proposed fences, gates, barriers, security stations, and similar structures.

d. Types of Materials/Wastes to be Accepted

(1) A list of the expected types and sources of organic materials and/or organic solid wastes to be accepted.

(2) The expected average percentage of the total feedstock stream, assignable to each type of feedstock.

(3) Specification of any prohibited materials/wastes that will not be accepted by the facility.

(4) Type, source and quality of any amendment that will be added to the feedstock, prior to digestion.

e. Feedstock Analysis Plan - A general description of each type of feedstock expected to be received and any preparation of the feedstock prior to digestion, to demonstrate its suitability for digestion and subsequent use as digestate products.

f. Description of On-Site Roads and Traffic Flow Patterns on Site

g. Weighing Facilities

(1) A description of the equipment and processes used to weigh incoming waste-containing transport units.

(2) Record-keeping procedures and details for weighed loads.

h. Feedstock Inspection and Screening Procedures

(1) A description of the feedstock inspection and screening procedures (and sampling/analysis procedures, if applicable) used to assure that incoming feedstock accepted by the facility is consistent with the operating plan and such that unsuitable feedstock that is received is separated from feedstock to be processed.

(2) Location of the feedstock inspection and screening personnel.

(3) An overview of the plan used to train the feedstock inspection and screening personnel.

(4) A description of equipment or devices, if any, used to screen incoming feedstocks on vehicles.

i. Feedstock Unloading Procedures - Procedures for unloading feedstock hauling vehicles and a description of the feedstock unloading and receiving area including size and capacity to receive feedstock.

j. Feedstock Storage

(1) A description of the storage facility for feedstock, including the storage capacity (tons or cubic yards).

(2) The amount of time the feedstock will be stored prior to processing.

k. Storage and/or Handling of Feedstock Amendments - A description of the storage facilities for each of the items (if applicable), including the storage capacity.

l. Non-Processible Waste and Prohibited Waste Handling and Disposal Procedures,

(1) A description of the methods employed to separate out these wastes from the incoming feedstock stream, where applicable.

(2) A description of the storage facilities and storage capacities for the non-processible waste and prohibited waste, including solid waste or hazardous waste that has been unloaded at the facility.

(3) The time interval for removal of non-processible waste from the facility and the name(s) and location(s) of the disposal site(s) for such waste.

m. Recyclables Handling Procedures (if applicable)

(1) A description of the recyclables separation program (if any), including a discussion of the equipment and methods employed for removing and recovering recyclables, prior to digestion process.

(2) A discussion of markets for the recyclables and the name(s) and location(s) for disposition of these recyclables.

n. Anaerobic Digestion and Biogas Generation

(1) A technical discussion detailing the anaerobic digestion process.

(2) Details of digestion process monitoring.

(3) Details of the handling/processing and usage of biogas produced from digestion.

o. Digestate Management

(1) Average makeup of digestate (percent solid and percent liquid)

(2) Details of management of solid digestate.

(3) Details of management of liquid digestate (if any).

p. Residue Handling, Storage, and Disposal

(1) A description of the method of separation of residue from digestate and/or final product, if applicable.

(2) A description of the physical and chemical composition of the residue.

(3) Description of the storage facility area and storage capacity for this residue, if stored prior to disposal.

(4) The time interval for off-site disposal of this residue and the name(s) and location(s) of the disposal sites.

q. Storm water Management and Erosion/Sedimentation Control Plan

r. Leachate and Wastewater Management, Use/Disposal

(1) A description of the method to collect and control leachate from the facility.

(2) Description of treatment of leachate (if applicable) and description of the usage or method of disposal of leachate.

(3) Description of wastewater treatment and management control or disposal plan.

s. Methods of Protecting Groundwater and Surface Water -

Anaerobic Digestion facilities may be required by the Department to install monitoring wells at locations approved by the Department. A hydrogeological report and water quality monitoring plan may be required based on the following factors:

(1) Any operations located outside an enclosed building, structure, or vessel;

(2) Size and location of activity;

(3) Groundwater classification and proximity to groundwater drinking wells (public and private);

(4) Proximity to and classification of surface water bodies, flowing water bodies and freshwater wetlands; or

(5) Other factors determined by the Department that may be necessary to protect the health, welfare and safety of the public and the environment.

t. Odor Control pursuant to §§ 8.14(L) and (K) of this Part

u. Description of Routine Facility Housekeeping Procedures,

v. Facility Inspection, and Operations Maintenance Plan

(1) Description of the facility inspection plan including the items to be inspected routinely and their inspection schedule.

(2) Description of routine maintenance procedures on items to undergo routine maintenance and their maintenance schedule.

(3) Summary of corrective actions to be taken in the event of breakdown of significant equipment.

(4) Procedure to control vectors, litter, and dust pursuant to §§ 8.15(L), (M), and (N) of this Part.

w. Personnel Duties and Required Training

(1) An organizational/manning chart for the facility.

(2) Duties and responsibilities for each facility job position.

(3) A summary of the personnel-training program, which addresses the specific training needs to operate and maintain this anaerobic digestion facility.

x. Fire Control and Prevention Plan

(1) The proposed Fire Control and Prevention Plan shall be submitted to the Department and to the local fire authority or state fire marshal.

(2) The final approved Fire Control and Prevention Plan, showing approval by the local fire authority or state fire marshal, submitted to the Department, prior to facility operation.

y. Emergency Contingency Plans

(1) Contingency operations plan in event of receipt of hazardous waste.

(2) Emergency response plan in event of fire, explosion, or methane gas leak.

(3) Plans detailing corrective action in the event of groundwater contamination or chemical spills.

z. Substitute Processing/Disposal/Transfer

A plan describing alternate arrangements for incoming feedstock in the event of equipment failure, power outage, natural disaster, fire, receipt of contaminated or unauthorized waste, or if storage capacity has been reached.

aa. Communication Equipment

bb. Utilities

(1) Discussion of utilities that will be connected to the facility and in operation at the facility.

(2) Description of back-up power supply at the facility (or alternate method to address outages) to prevent risks to human health and the environment, and to prevent the creation of nuisance conditions (e.g. odor problems).

cc. Record-Keeping - A description of the records that will be retained at the facility.

I. Product Storage and Marketing

1. This rule applies to product(s) produced from anaerobic digestion and digestate management activities, and with the following information or requirements:

a. Storage Procedures- A description of the storage facilities and maximum storage capacities (tons or cubic yards) for product produced at the plant.

b. Anticipated Rate of Production of Product- the anticipated digestate production rate (tons/day, cubic yards/day or other quantitative description) and the anticipated recovery rate of product from the digestate (tons/day, cubic yards/day or other quantitative description).

c. Anticipated Product Quality - A description of the anticipated quality of Product(s) produced at the facility.

d. If the anaerobic digestion facility is producing finished compost, the product shall comply with the standards specified in § 8.12 of this Part.

e. If the anaerobic digestion facility is producing fertilizer, the product shall comply with the Department's Division of Agriculture's "Rules and Regulations Relating to Fertilizers", Part 40-20-10 of this Title.

f. Product(s) Sampling and Testing - A QA/QC plan, which includes product sampling and analysis details in order to determine the allowed use of the final product.

g. Product(s) Uses

(1) A discussion of the plans for use/re-use, sale or marketing of each product shall be provided.

(2) Identification of the anticipated markets, including the names and addresses shall be provided.

h. Schedule for Removal of Product(s) from Facility and the Distribution Plan

(1) Expected time frame for distribution of the product(s) (e.g. expected time elapsed after production of a batch of product, prior to distribution),

(2) Method for removal of product(s) from the facility,

(3) A plan for distribution of the product(s);

i. Packaging and Labeling of Product(s)

(1) A description of any packaging (if any) to be employed with the distribution of the product(s),

(2) Details of the information to accompany the distribution of the product(s) (e.g. copy of the label, information sheet, etc., relative to bagged or bulk compost).

j. Plan for Unmarketable or Sub-Quality Products(s) - The plan for use or disposal of product(s) that cannot be sold or marketed in the expected manner, due to poor quality or changes in market conditions.

J. Facility Closure Plan

1. This rule applies to all anaerobic digestion facilities, regardless of the status of their future operating plans, i.e., even if there is no plan to ever close the facility in the foreseeable future. Pursuant to the requirements set forth in § 1.5(J) of this Subchapter, this plan will include the following, at minimum:

a. Fences, gates and any other security measures to prevent unauthorized access to the site during closure and post-closure activities.

b. Measures taken to remove all remaining feedstocks, non-processible wastes, prohibited wastes, recyclables (if any), materials in digester, digestate, residue, biogas, product natural gas (if any), and other product(s) from the facility.

c. Methods to restrict access and prevent additional feedstock from being deposited at the facility, including physical description of any fences, gates and/or other barriers placed at the facility.

d. Discussion of impact of closure on legal boundaries of the site, changes in ownership, and description of anything that affects the legal boundaries of the site.

e. Intended future use of the facility and property, following closure (immediate and long-term use).

f. A financial estimate of the costs to properly close the facility shall be submitted with the application. The estimate shall be based on the maximum quantity of each of the items listed in § 8.3(J)(2) of this Part. The closure estimate shall be used to establish a Closure Fund or Closure Bond to ensure proper closure of the facility. The Closure Fund/Bond shall establish and maintain the amount necessary for a third-party closure and shall include all costs necessary for adequate closure. Periodic review and adjustments of the Fund/Bond shall be done as required. The applicant shall post financial assurance for the full amount of the closure cost estimate as a pre-condition for the issuance of a solid waste management facility license.

g. The site shall be subject to the restoration and/or remediation of the building, equipment and/or land so as not to pose a threat to public health and the environment and so as not to impair future use.

250 R.I. Code R. 250-RICR-140-05-8.13

Amended effective4/22/2020