Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.05 - Eligibility Criteria for RPS Class II Generation Units

Current through Register 1525, July 5, 2024
(1)
Eligibility
			 Criteria
. A Generation Unit may qualify as an RPS Class II
			 Generation Unit subject to the limitations in
			 225
			 CMR 15.05.
(a) Fuels, Energy Resources and Technologies.
			 The Generation Unit shall use one or more of the fuels, energy resources and/or
			 technologies listed in
			 225
			 CMR 15.05(1)(a)1. through
			 10.
1. Solar photovoltaic or solar thermal
			 electric energy.
2. Wind
			 energy.
3. Ocean thermal, wave or
			 tidal energy.
4. Fuel cells using
			 an Eligible RPS Class II Renewable Fuel.
5. Landfill methane gas, provided that such
			 gas is collected and conveyed directly to the Generation Unit without use of
			 facilities used as common carriers of natural gas.
6.
Hydroelectric
. A
			 Generation Unit that uses Hydroelectric Energy may qualify as an RPS Class II
			 Generation Unit, subject to the limitations in
			 225
			 CMR 15.05(1)(a)6.
a. The Generation Unit has a nameplate
			 capacity up to 7.5 megawatts.
b.
			 The Generation Unit does not involve any dam or water diversion structure
			 constructed after December 31, 1997, or pumped storage of water.
c. The Generation Unit does not generate
			 Marine or Hydrokinetic Energy.
d.
			 The Generation Unit meets appropriate and site-specific standards that address
			 adequate and healthy river flows, water quality standards, fish passage and
			 protection measures and mitigation and enhancement opportunities in the
			 Impacted Watershed, as determined by the Department in consultation with
			 Relevant Hydroelectric Agencies. The Generation Unit shall demonstrate
			 compliance with such standards by submitting the documentation required in
			 either
			 225
			 CMR 15.05(1)(a)6.d.i. or ii.
i. LIHI Certification of the Generation Unit;
			 except that in either of the two circumstances provided in
			 225
			 CMR 15.05(1)(a)6.d.i., the
			 Department may request further information from the applicant and the Relevant
			 Hydroelectric Agencies as part of its review of the applicant's Statement of
			 Qualification Application. The Department shall notify the applicant of any
			 such input from a Relevant Hydroelectric Agency not later than 30 days after
			 receiving such input and shall provide the applicant an opportunity to respond
			 to the Department not later than 30 days after the applicant's receipt of such
			 notice from the Department.
(i) If a Relevant
			 Hydroelectric Agency identified an environmental concern and a proposed remedy
			 to LIHI during the LIHI certification process, and such concern was not
			 addressed in the LIHI certification to the satisfaction of the Agency, and the
			 Agency consulted with the Owner or Operator of the Generation Unit;
			 or
(ii) If, between issuance of the
			 LIHI certification and the Department's determination of the Generation Unit's
			 eligibility, a Relevant Hydroelectric Agency submits to the Department evidence
			 of a significant environmental problem not previously known by such Agency,
			 after consulting with the Owner or Operator of the Generation Unit.
ii. A denial of certification from
			 LIHI specifying the reasons the certification was denied and the applicant's
			 proposed rationale for why the project should nevertheless receive a Statement
			 of Qualification. In this instance, the Department shall notify and seek input
			 from the Relevant Hydroelectric Agencies, which shall have 30 days from the
			 date of their receipt of such notification to provide feedback to the
			 Department. The Owner or Operator of the Generation Unit shall be notified of
			 any such input and shall have 30 days from receipt of such notice to respond to
			 the satisfaction of the Department as to why its Statement of Qualification
			 Application should be approved. The Department thereafter shall make finding of
			 whether the Generation Unit meets appropriate environmental safeguards despite
			 the lack of LIHI certification.
e. The Owner or Operator of the Generation
			 Unit must serve notice to all Relevant Hydroelectric Agencies of its
			 application for LIHI certification. The Owner or Operator of the Generation
			 Unit also must serve notice to all Relevant Hydroelectric Agencies, and provide
			 opportunity for comment within 30 days of such notice, with regard to its
			 submission of a Statement of Qualification Application. Notice of such service
			 must be provided to the Department.
f. If LIHI fails to act to certify or deny
			 certification within 180 days from the date of submission of the Generation
			 Unit's application to LIHI, the Owner or Operator shall file notice of such
			 event with the Department. The Department shall review the federal, state or
			 provincial permits for the Generation Unit and any submissions to LIHI by
			 Relevant Hydroelectric Agencies, and shall make a final determination as to
			 whether the Generation Unit meets environmental standards specified in
			 225
			 CMR
			 15.05(1)(a)6.d.
g. If LIHI is unable to review for
			 certification a Generation Unit that is located in a Control Area adjacent to
			 the ISO-NE Control Area and outside the United States of America, the Owner or
			 Operator of such Generation Unit may petition the Department for certification
			 using the LIHI standards by an independent third-party acceptable to the
			 Department.
7.
Waste to Energy
. A Generation Unit that uses Waste
			 Energy may qualify as an RPS Class II Generation Unit subject to the following
			 limitations:
a. Has received approval from
			 the MassDEP of the Unit's participation in or operation of an authorized
			 recycling program;
b. Maintains
			 participation in or operation of such recycling program and confirms this
			 maintenance by submitting an annual report to the Department and MassDEP of its
			 compliance;
c. Complies with the
			 applicable requirements of
			 310
			 CMR 7.08(2):
Municipal Waste Combustors
; and
d. Complies with the applicable requirements
			 of 310 CMR
			 19.000:
Solid Waste
			 Management
.
8.
			 Low-emission, biomass power conversion technologies using an Eligible Biomass
			 Fuel. A Generation Unit may qualify as an RPS Class II Generation Unit,
			 provided it uses an Eligible Biomass Fuel, subject to the limitations in
			 225
			 CMR 15.05(1)(a)8.
a. Pursuant to St. 2022, c. 179, §§
			 33 through 36 and § 88, starting January 1, 2022, Eligible Biomass Woody
			 Fuel Generation Units shall no longer be eligible to submit a Statement of
			 Qualification Application under
			 225
			 CMR 14.06:
Qualification Process for
			 RPS Class I, Solar Carve-out Renewable Generation Units, and Solar Carve-out II
			 Renewable Generation Units
.
b. A Generation Unit utilizing an Eligible
			 Biomass Fuel that is required to obtain an air permit in its jurisdiction must
			 possess a Valid Air Permit.
c. The
			 Department shall set forth in Guidelines low-emission eligibility criteria
			 which will become effective on their date of issuance. Any emission eligibility
			 criteria in subsequently revised regulations or Guidelines shall become
			 effective 12 months from their date of issuance. A Generation Unit utilizing an
			 Eligible Biomass Fuel that is not a solid fuel, such as Eligible Liquid
			 Biofuel, or does not use a steam boiler, shall follow the low-emission
			 eligibility criteria process described in the Departments' Guideline on
			 Eligible Biomass Fuel for Renewable Generation Units. In the case of a
			 Generation Unit for whose size, type, or fuel the Department's Guidelines do
			 not provide applicable emission limits, the Department will determine
			 appropriate limits in consultation with the MassDEP.
d. A Generation Unit utilizing an Eligible
			 Biomass Woody Fuel or Manufactured Biomass Fuel that has 5% or more of its fuel
			 sourced from Forest Derived Residues, Forest Derived Thinnings and Forest
			 Salvage must achieve an overall efficiency of at least 60% on a quarterly
			 basis. A Generation Unit utilizing an Eligible Biomass Woody Fuel or
			 Manufactured Biomass Fuel that has over 95% or more of its fuel sourced from
			 Non-forest Derived Residues on a quarterly basis shall have no applicable
			 overall efficiency requirement. The procedure for calculating whether the
			 Generation Unit meets the 60% overall efficiency requirement can be found in
			 the Department's Guideline on Overall Efficiency and Greenhouse Gas
			 Analysis.
e. A Generation Unit
			 utilizing an Eligible Biogas Fuel, Eligible Biomass Woody Fuel, Eligible Liquid
			 Biofuel or Manufactured Biomass Fuel shall reduce lifecycle greenhouse gas
			 emissions, over a 20-year lifecycle, by at least 50% compared to the operation
			 of a new combined cycle natural gas electric generating facility using the most
			 efficient commercially available technology as of the date of the Statement of
			 Qualification Application for the portion of electricity delivered by the
			 Generation Unit and, if applicable, the operation of the fossil fuel fired
			 thermal energy unit being displaced, or in the case of new Useful Thermal
			 Energy, a gas- fired thermal energy unit using the most efficient commercially
			 available technology as of the date of Statement of Qualification Application
			 for the portion of the Useful Thermal Energy delivered by the Generation Unit.
			 The procedure for calculating whether a Generation Unit meets the 50% reduction
			 can be found in the Department's Guideline on Overall Efficiency and Greenhouse
			 Gas Analysis.
A Generation Unit that does not achieve a lifecycle greenhouse
				gas emissions reduction of at least 50% over a 20-year lifecycle in a
				particular calendar quarter of the Compliance Year, pursuant to
				225
				CMR 15.05(1)(a)8.d., shall
				not be eligible to report RPS Class II Renewable Generation Attributes to the
				NEPOOL GIS for that calendar quarter.
f. In the case of a Generation Unit that uses
			 Eligible Biogas Fuel, the Eligible Biogas Fuel may be either conveyed directly
			 to the Generation Unit without the use of facilities used as common carriers of
			 natural gas, or transported to a Generation Unit within the ISO-NE Control Area
			 or an adjacent Control Area
via
a common carrier of natural
			 gas, in which instance the gas would be subject to the following provisions:
i. the gas is produced entirely within the
			 ISO-NE Control Area or an adjacent Control Area;
ii. documentation is provided, satisfactory
			 to the Department, regarding the gas transportation and related contracts;
			 and
iii. demonstration is provided,
			 satisfactory to the Department, that the gas can be physically delivered to the
			 Generation Unit.
9. Marine or Hydrokinetic Energy.
10. Geothermal Energy.