Are you still waiting for an environmental permit for your RHI application? Have you already requested use of a Regulatory Position Statement (RPS) to allow you to operate while you wait? Are you worried about your RHI accreditation procedure in light of EA delays and ever growing permitting queues?

On the 26 February 2021, Ofgem published an open letter to affected RHI stakeholders, discussing their proposal to allow certain RHI applications to be approved if the applicant could provide:

1. Proof of acknowledgement from the EA that the environmental permit application has been received.
2. Confirmation that they are intending to operate their plant under RPS 244.

Suitable evidence includes email correspondence between the applicant (or their agent) and the EA regarding confirmation of the permit submission, an EA member of staff confirming its receipt and entry into the queue, and an email to MCPDHelp notifying operation under RPS 244; automated EA confirmation emails may not be accepted and you must have confirmed receipt from EA staff before an RPS request can be made.

For Ofgem to consider using the RPS for your approval, you must also ensure that you are operating as per the RPS requirements, including:

• Undertaking MCERT accredited extractive testing within four months of first operation (post commissioning).
• Have a working Environmental Management System in place for your new plant(s).

In the event that your permit is determined as rejected, or your RPS is withdrawn, you must notify Ofgem so they can re-evaluate or revoke your RHI accreditation, where applicable.

If you are still waiting for your new bespoke MCP permit determination in order to submit your RHI application before the 31 March 2021 deadline, and have applied to operate on clean, untreated waste wood, you too can request operation under the use of RPS 244 to MCPDHelp and provide the above evidence as part of your RHI submission.

Please note that using RPS’s will increase the wait time for your permit and notification of commissioned dates should be sent to your local EA combustion team once they confirm receipt of the RPS notification. RPS’s are also not available for permit variations or standard rule permits. Only England is applicable.

For natural gas plants and virgin/straw boilers, RPS 243 is also available, but its use for RHI is still to be confirmed.

If you require any assistance regarding last minute RHI applications, environmental permitting, environmental management systems, managed extractive testing, or RPS requests, please call the NFU Energy team on 024 7669 6512.