Current through Register Vol. 28, No. 3, September 1, 2024
To be an Eligible Energy Resource under the Act, electricity
generated from the combustion of biomass shall:
5.1 Meet all federal, state, and local
government laws and regulations for land use, air emissions, use of cooling
water, and ash management.
5.2 For
dedicated energy crops and agricultural food and feed crop residues they shall
meet the standards of the United States Department of Agriculture's National
Organic Program, or take all of the following actions:
5.2.1 Follow all best management practices of
local conservation districts and state and local cooperative extension
services.
5.2.2 Develop and
implement all voluntary and mandatory state and local government nutrient
management plans.
5.2.3 Develop and
follow comprehensive plans to utilize land and water resources in accordance
with state and local non-point source pollution management programs to prevent
erosion, control flood water, and conserve soil.
5.2.4 Follow state and local Integrated Pest
Management guidelines and plans.
5.2.5 Minimize herbicide usage in
conventional and no-till plantings in accordance with state and local
cooperative extension services guidelines and plans.
5.3 For timber, forestry and timber residues,
and non-cultivated wild plants, develop and implement a conservation and
management plan that includes all the following elements:
5.3.1 A non-point source pollution management
program to prevent erosion, control flood water, and conserve soil for
harvesting, road construction, and all other mechanical disturbances.
5.3.2 Best Management Practices as identified
by the state and local forestry services.
5.3.3 Minimization of waste associated with
harvesting and on-site processing operations.
5.3.4 Rates of harvest that do not exceed
levels which can be permanently sustained.
5.3.5 Safeguards that identify and protect
rare and state and federally-designated threatened and endangered species and
their habitats (e.g., nesting and feeding areas).
5.3.6 Forest regeneration that enhances
ecosystem diversity.
5.3.7 Use of
environmentally friendly non-chemical methods of pest management and limited
use of pesticides.
5.3.8 Use of
environmentally friendly non-chemical methods of weed management and limited
use of herbicides.
5.3.9 Use of
exotic species that is carefully controlled and actively monitored to avoid
adverse ecological impacts.
5.3.10
Avoidance of forest conversion to plantations or non-forest land uses, except
circumstances where: a very limited portion of the forest management unit will
be impacted; forest lands are of low ecological value; and conversion will
improve ecological value.
5.3.11
Protection of cultural and historic resources.
5.3.12 Preservation or improvement of public
access and recreation opportunities.
5.3.13 Exclusion of old-growth timber (from a
tree that is 150 years old or older).
