reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.06 - Demand or Sendout Forecasts by Gas Companies

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. This section sets forth the
			 requirements for forecasts of demand and sendout which every gas company must
			 meet in each long-range forecast in which a new facility is proposed. If no new
			 facility is proposed, a gas company shall be required to submit a forecast of
			 sendout only but shall not be required to submit a forecast of demand. Every
			 gas company must file a long-range forecast.
Forecasts of demand and sendout shall be submitted and reviewed
				so that the Council may better determine whether plans for new facilities as
				proposed by gas companies are in conformity with the energy, environmental and
				economic policies of the Commonwealth.
Interstate natural gas companies subject to Federal Energy
				Regulatory Commission regulation and persons who have filed an application with
				the Federal Energy Regulatory Commission for construction of facilities subject
				to the Natural Gas Act, and operating or intending to operate in Massachusetts
				will file demand or sendout data with the Council. Such data may be extracted
				from the companies' annual filings with the Federal Energy Regulatory
				Commission and shall be for informational purposes only; no adjudicatory
				proceedings will be held thereon. Duplicates of the companies' FERC filing may
				be submitted in lieu of the above demand and sendout data.
(2)
Description of
			 Agreements.
(a) A long-range
			 forecast shall include summary descriptions of all existing agreements with
			 other gas companies relating to joint planning or joint forecasting of gas
			 needs, to construction of future facilities, or to the purchase or sale of gas.
			 This description shall include:
1. the names
			 of the parties to each agreement, identifying the role of each party;
2. the Federal agency or Massachusetts
			 Department of Public Utilities Docket or File Number, if any, associated with
			 the agreement;
3. the commencement
			 and termination dates of each agreement;
4. for agreements for the purchase or sale of
			 gas, the amount of gas that will or may be bought or sold in each year covered
			 by the long-range forecast. (If no figure is expressed in the contract, or if
			 it may not be possible to fulfill the contract entirely because of supply
			 constraints, the forecasting company shall estimate the amount of gas that will
			 be bought or sold in each year covered by the forecast.); and
5. for agreements for the joint planning or
			 forecasting of gas demand and sendout, a summary of the provisions of the
			 agreement.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.07 - Supply Plans of Gas Companies

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose.
(a) 980 CMR 7.07 sets forth the requirements
			 for a statement of supply resources and plans which every gas company must met
			 in each long-range forecast.
A long-range forecast, including supply plans, must be filed on
				the dates set forth in
				980 CMR 7.02(3)(a)
				 in the same manner as provided by
				980 CMR
				7.06(1). Except as otherwise
				provided by this section, every facility expected to commence operation in the
				fifth year after the date of a forecast must be included in the supply plans
				required by 980 CMR 7.07(7). For purposes only of the long-range forecast
				required to be submitted on or before May 1, 1976, a company must include
				pursuant to 980 CMR 7.07(7) all faciUties expected to commence operation at any
				time prior to December 31,1980, and not exempted irom Council authority for any
				reason. Facilities expected to commence operation more than five years after
				the date of the forecast may be included in the supply plan; in such a case
				980 CMR
				7.06(4)(a)(3)  must be
				complied with. Only those facilities required to be described as set forth in
				980 CMR 7.07(7) are subject to Council approval or disapproval. Information
				concerning other construction projects must in any event be provided to the
				extent required by 980 CMR 7.07(5) and (6).
(b) Statements of supply plans shall be
			 submitted and reviewed so that the Council may better determine whether the
			 supply plans will fulfill the energy, environmental and economic pohcies of the
			 Commonwealth. The long-range forecast will allow for an early initial review of
			 the plans for proposed facilities.
(c) As provided by this paragraph, a gas
			 company may include a proposed facility in a forecast pursuant to 980 CMR
			 7.07(7) four years or less before it is expected to commence operation. The
			 Council may approve that part of the forecast relating to the said facility if
			 it determines that changed circumstances which the gas company should not
			 reasonably have foreseen and taken into account at the time of filing of any
			 prior forecast or supplement require the completion of the facility four years
			 or less after the date of the forecast under consideration. The changed
			 circumstances should be described fully in the said forecast.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.08 - Annual Supplements by Gas Companies

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. 980 CMR 7.08 sets forth the
			 requirements for aimual supplements which every gas company must file on the
			 dates set forth in
			 980 CMR
			 7.02(3)(b).
Annual supplements shall be submitted so that the Council may
				review any significant proposed changes in the information contained in
				previously approved forecasts and supplements and so that the Council may
				determine whether plans for new facilities as proposed by gas companies will
				fulfill the energy, environmental and economic policies of the Commonwealth.
				Interstate natural gas companies will update on an annual basis the data filed
				with the Council pursuant to thfc third paragraph of
				980 CMR
				7.06(1)  for informational
				purposes only.
If a new facility is proposed as part of a supplement and if
				demand as well as sendout has not been forecast in the most recent forecast or
				supplement, a company must provide a complete long-range forecast of demand and
				sendout, in lieu of the supplement.
(2)
Content of
			 Supplements.
(a) Each annual
			 supplement shall set forth appropriate changes in the company's long-range
			 forecast, as previously supplemented, considering at least a five year period
			 succeeding the date on which the current supplement is filed. Any new facility
			 expected to commence operation in the fifth year after the said date must be
			 included in the supplement. Any new facility for which Council approval is
			 required and which is expected to commence operation four years or less after
			 the said date may be included only as provided by
			 980 CMR
			 7.07(l)(c). Each supplement
			 shall explain any differences between the most recent previous forecast or
			 supplement and the current supplement and events occurring in the year since
			 the previous forecast or supplement was filed. Each supplement shall fulfill or
			 report the fulfillment of any stated conditions that the Council, in granting a
			 qualified approval of a previously filed long-range forecast or supplement, may
			 have required the forecasting company to meet in its annual supplement or by
			 the time such supplement is filed.
(b) In the event that an annual supplement
			 represents the first filing by a company or that a company did not file the
			 next previous long-range forecast, the supplement must, unless an intervening
			 supplement has done so, contain all information normally required by
			 980 CMR
			 7.06 and
			 7.07
			 to be filed in connection with a long-range forecast.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 7.00 - Long-range Forecasts And Supplements › Section 7.09 - Forecast Requirements

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. This Part sets forth basic
			 requirements for forecasting and applies to electric and gas forecasts and
			 supplements filed on and after December 1, 1978. 980 CMR 7.09(2) applies to all
			 forecasting methodologies while 980 CMR 7.09(3) applies only where econometric
			 approaches are employed.
(2)
General Requirements
. With respect to all forecasting
			 methodologies:
(a) Each is to be designed to
			 accommodate sensitivity testing of major assumptions and parameters.
(b) Where computer programs are employed,
			 these are to be made available to the Council upon request.
(c) Where computer programs are employed,
			 source listings of computer programs, descriptions of the structure of each
			 program and subprogram, and descriptions of the relationships between logical
			 parts are to be made available to the Council upon request.
(d) Each forecasting methodology must
			 explicitly consider and quantify the following factors:
1. conservation programs and policies of the
			 Commonwealth;
2. conservation
			 programs and policies of the federal government;
3. the penetration of alternative energy
			 technologies, including but not limited to, wind and solar devices,
			 cogeneration, and biomass conversion;
4. improvements in the efficiencies of new
			 and existing appliances and machinery, including building insulation;
5. behavioral changes with respect to energy
			 use by customers, such as reduction in heating, cooling, and lighting
			 levels;
6. responses to higher
			 price levels, potential or actual changes in rate structure, and load
			 management.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 8.00 - Notices Of Intention To Construct An Oil Facility › Section 8.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
.
			 980 CMR 8.00 establishes the
			 procedures for the filing of Notices of Intention to Construct an Oil Facility
			 for certain facilities expected to be valued at more than $5,000,000 and the
			 requirements for the contents of such notices. The petitioner shall file an
			 initial petition with the Council not later than two years prior to
			 commencement of construction of a complex refinery, and not later than one year
			 prior to construction of any other type of oil facility.
(2)
Statutory
			 Authoritv
.
			 980 CMR 8.00 is promulgated
			 pursuant to M.G.L. c. 164, §§ 69H - 69J.
(3)
Definitions
, hi
			 980 CMR 8.00, the definitions
			 set forth in
			 980 CMR 2.03(3)
			  and 8.01(3) apply, unless the context or
			 subject matter requires a different interpretation.
Complex Refinery
means a facility for
				the refining of oil designed so that more than 35% of its output at normal
				crude oil throughput rates could be gasoline or refined oil products lighter
				than gasoline.
Petition
means a Notice of Intention
				to Construct an Oil Facility filed with the Council under the provisions of
				M.G.L. c. 164, §§ 691 and 69 J.
Petitioner
means a person or group of
				persons proposing to construct a new oil facility.
Refining
means the process of
				manufacturing fix)m crude oil or refined oil products, such products as
				gasoline, kerosene, naptha (including jet fiiel), middle distillate (including
				No. 2 fuel oil and jet fuel), liquid petroleum gas, refined lubricating oils,
				diesel fuel or residual fuel oils.
Transshipment
means the transfer of
				oil or refined oil products:
(a) From
			 one mode of transport (ship, truck, tank car, pipeline, etc.) to another mode
			 of transport;
(b) From any mode of
			 transport to storage from which the oil or refined oil products will be
			 eventually transferred to a mode of transport; and
(c) From storage to any mode of transport.
			 Transshipment shall not include transfer to storage facilities of ultimate
			 consumers of oil or refined oil products.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 8.00 - Notices Of Intention To Construct An Oil Facility › Section 8.02 - Procedures

Current through Register 1525, July 5, 2024
(1)
Initial
			 Petition
. An initial petition or application, as referred to in
			 980 CMR 8.02, shall consist of any Notice of Intention to Construct an Oil
			 Facility filed with the Council pursuant to
			 980 CMR 8.00. The filing of
			 such initial pleading shall be deemed to have commenced an adjudicatory
			 proceeding.
(2)
Title:
			 Other Required Information
. In addition to the information
			 required by 980 CMR 8.02, every initial petition, so far as possible, shall
			 contain the following:
(a) A title which
			 indicates the nature of the proceeding and the complete name and address of the
			 petitioner;
(b) The name and
			 address of the officer of the petitioner to whom communications with respect to
			 the initial petition should be addressed and, if the petitioner is represented
			 by counsel, the name and address of such counsel;
(c) A reference to the statute pursuant to
			 which the initial petition is filed (M.G. L. c. 164, § 691 or 69J);
			 and
(d) A request that the Notice
			 of Intention which is the subject of the initial petition be
			 approved.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 8.00 - Notices Of Intention To Construct An Oil Facility › Section 8.03 - Notice of Intention to Construct an Oil Facility

Current through Register 1525, July 5, 2024
(1)
Form of Initial
			 Petition
. A Notice of Intention to Construct an Oil Facility shall
			 be a petition or amended petition and shall provide all information required by
			 980 CMR
			 8.02(1),
			 8.02(2)
			  and 8.03. In cases where additional
			 information is needed for a determination, the Council reserves the right to
			 require such additional information and material.
(2)
Description of Proposed
			 Facility and Site.
(a) For each
			 facility covered by a petition, the following information shall be provided:
1. Facility name and location;
2. Predicted dates of commencement and
			 completion of construction, and first commercial operation;
3. The names of any local or other state
			 agencies asserting or which may assert jurisdiction over the proposed facility,
			 and a description of the asserted jurisdiction, including a reference to the
			 statutory authority of the agencies;
4. The names of any federal agencies
			 asserting or which may assert jurisdiction over the proposed facility, and a
			 description of the asserted jurisdiction, including a reference to the
			 statutory authority of the agencies;
5. The names of any state or federal agencies
			 required to prepare an environmental assessment of the proposed facility under
			 M.G. L. c. 30, § 62, or under 42 U.S.C, § 4332; and
6. A description of any zoning by-laws in
			 effect on the date of the initial petition and affecting the proposed site and
			 any alternative sites considered.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment › Section 9.03 - Coastal Zone Manaaement Policies

Current through Register 1525, July 5, 2024
(1)
Coastal Zone Management Policies.
(a) The Siting Council specifically
			 recognizes the policies and policy appendix of the Massachusetts Coastal Zone
			 Management Program as adopted by the Secretary of Environmental Affairs under
			 M.G.L. c. 21 A, §§.2, 3, 4 as a health, environmental protection,
			 resource use, and development policy of the Commonwealth as required by M.G.L.
			 c. 164, § 69H, 69H½
(b)In the case of a facility proposed for
			 siting within or impacting an area of critical environmental concern, the
			 Council will give prime consideration to the environmental policy to protect
			 such natural resource areas against degradation as more fully specified in the
			 Massachusetts Coastal Zone Management Program, Policies 1, 2 and 11. "Prime
			 consideration" means that the Council will give special weight to the
			 environmental impact of a facility in or impacting such environmentally
			 sensitive areas.
Pursuant to its statutory duty to act consistently with
				environmental protection, resource use and development policies of the
				Commonwealth, the Council will safeguard habitat and the maintenance of
				antidegradation water quality standards by being consistent with the policies
				and PoUcy Appendix of the CZM Program; by complying with use restrictions and
				prohibitions under the inland and coastal wetlands restriction program, M.G.L.
				c. 131, § 40A, c. 130, § 105; the scenic rivers act, M.G.L. c. 21,
				§ 17A; the ocean sanctuaries act, M.G.L. c. 32A, §§ 13-17, 18.
				The Council will make affirmative findings that the characteristics of the area
				will not be degraded or adversely affected unless compelling countervailing
				considerations, in balance, warrant approval of the site.
Where the Council has approved a site within or impacting an
				area of critical environmental concern pursuant to M.G.L. c. 164, §§
				69H, I, J, and where new information is obtained by a regulatory agency after
				the initial approval of the Council, which if known at the time of initial
				approval would have received the special weight given to environmental impact
				for such areas, then such environmental impact will be given special weight in
				any proceeding under M.G.L. c. 164, § 69K.
(c) Approval of a long-range forecast,
			 supplement, or notice of intention to construct an oil facility which includes
			 a facility to be sited within or impacting an area of critical environmental
			 concern shall not be construed as a waiver of compliance with the requirements
			 of other federal, state, or local agencies as these apply to such an
			 area.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment › Section 9.04 - Intervention

Current through Register 1525, July 5, 2024
(1)
Agency
			 Litervention.
(a) Pursuant to
			 M.G.L. c. 30A, § 10, any agency with a direct and substantial regulatory
			 interest in matters which may be affected by the site selection, evaluation,
			 and assessment process of
			 980 CMR 9.00 may intervene
			 before the Council in accord with
			 980 CMR 1.00.
(b) The Office of Coastal Zone Management
			 within the Executive Office of Environmental Affairs and any agency with
			 implementing responsibility under the
Massachusetts Coastal Zone Management Program may intervene in
				any proceeding before the Council which involves adjudicatory review of a
				coastal site or which is subject to a current health, environmental protection
				or resource use and development policy of the Commonwealth relating to the
				coastal zone. The Office of Coastal Zone Management will be provided with a
				copy of all forecasts, supplements, notices of intent, and materials filed
				under
				980 CMR 9.00 for site
				selection, evaluation, and assessment of facilities proposed for siting within
				the coastal zone.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 10.00 - Siting Of Intrastate Liquefied Natural Gas Storage › Section 10.02 - Forecast Data Requirements

Current through Register 1525, July 5, 2024
(1)
Facility Need Requirement.
The applicant shall provide a statement of need which will
				consist of:
(a) a description of the
			 ways in which the applicant's existing facilities will not be adequate to serve
			 the requirements forecasted;
(b) a
			 description of the ways in which all other "no-build" alternatives and other
			 supply alternatives such as pipeline system expansion, SNG, propane, etc.
			 considered by the applicant would not be adequate and preferred to serve the
			 requirements forecasted; and
(c)
			 for two or more sites, at least one of which must be in a non-urban area, a
			 description of how the facility/site proposed will be used to meet the
			 requirements forecasted.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 10.00 - Siting Of Intrastate Liquefied Natural Gas Storage › Section 10.03 - Performance Standards for Determining Site Sizes

Current through Register 1525, July 5, 2024
(1)
Thermal Radiation
			 Protection.
(a) The area of the
			 property must be sufficiently large to provide a thermal protection
			 zone.
(b) Within the protection
			 zone, the dike constructed to impound the LNG may not be located closer to
			 targets Usted in 980 CMR 10.03(l)(d) than distance "d".
(c) The protection distance "d" is measured
			 as shown in FIGURE 4 along the line (PT) in a vertical plane defined by the
			 points (T) and (D), where
(T) is a point at the top of the target;
(D) is a point closest to (T) on the top inside edge of the
				dike;
(PD) is a line in the vertical plane which intersects (D) at
				an angle of 45° above horizontal;
(w) is the inside distance across the top of the impounding
				space measured normal to (PD); and
(P) is located where (PT) and (PD) intersect at an angle of
				90° or where (PD) equals 3 (w), whichever results in the shortest length of
				(PD).
F. GURE 4
SEE TEXT
(d) The length of a protection distance in
			 feet may not be less than the distance "d" determined in accordance with the
			 following formula for the target concerned, when "A" equals inside area in
			 square feet measured across the top of the impounding space:
TARGET
PROTECTION DISTANCE
1. Any point in an area outside the property line which
						  is not zoned for industrial use.
d = 3.6 (A)0.5
2. Any point in an area outside the property line which
						  is zoned for industrial use.
d = 2(A)0.5
(e)
			 For any facility which depends upon surrounding industrially zoned land for
			 compliance as provided in 980 CMR 10.03(l)(d) the applicant must conduct a
			 safety consultation session with the local planning board and with each owner
			 of land in the affected portions of the suiTOunding industrial zone. Prior to
			 conducting safety consultations, the applicant must confer with the Department
			 of Public Utilities on the scope and content of the safety consultation
			 sessions. The applicant must give notice to the Department of Public Utilities
			 that such consultations have been completed prior to the transfer of any LNG to
			 the site or processing of LNG at the site.
(f) The method described in 980 CMR 10.03(c)
			 and 10.03(d) shall be the accepted method of calculation of the thermal
			 protection distance. Any interested party may request a rulemaking procedure to
			 qualify an additional method of calculation. No facility may be evaluated using
			 a new method of calculation unless the method has been submitted to the Council
			 six months prior to the filing of the forecast containing the facility
			 proposal, and unless that method is approved and accepted by the Council prior
			 to the filing of the forecast containing the facility proposal.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 10.00 - Siting Of Intrastate Liquefied Natural Gas Storage › Section 10.04 - Ancillary Requirements

Current through Register 1525, July 5, 2024
(1)
Dike Requirements.
(a) Each storage tank must be located in a
			 separate dike which has a configuration or design which will
1. prevent liquid from escaping under the
			 spill conditions defined in
			 980 CMR
			 10.03(2)(b)  l. and
			 10.03(2)(b)2.
2. intercept a jet of
			 liquid discharged from any feasible location of the component served and at any
			 predictable vertical and horizontal angle of exit and resulting trajectory,
			 except that for low pressure storage tanks having multiple conventionally built
			 vertical cylindrical walls with at least two such walls having Ml load bearing
			 capability, vertical angles of discharge above the horizontal need not be
			 considered.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 11.00 - Licensing Of Hydropower Generating Facilities › Section 11.02 - Forms

Current through Register 1525, July 5, 2024
(1)
General
. The
			 Council will consult with the affected agencies before establishing or
			 modifying any forms described under the next two rules. Any Council directive
			 establishing or modifying these forms will become effective on the fifth day
			 after mailing of notice of said directive to the agencies.
(2)
Preliminary Notification
			 Form
. The Council hereby establishes two preliminary notification
			 forms to be filed with the agencies. A modular format is incorporated within
			 each form to accommodate various project situations and related informational
			 needs. The agencies may not require the developer to file any forms other than
			 these, except the "Notice of Intent to file an ENF" under M.G.L. c. 30,
			 §§ 62-62H and implementing regulations, before the pre-licensing
			 conference. The first of these is a Hydropower Supplement to the ENF, which is
			 to be attached with an ENF so as to create a single form and filed under
			 980
			 CMR 11.03; the second is a Hydropower
			 Preliminary Notification Form (HPNF), to be filed under
			 980
			 CMR 11.04 when a determination has been made
			 by the Secretary of the Executive Office of Environmental Affairs that an ENF
			 is not required. At the option of the developer, these forms replace the Notice
			 of Intent normally filed with local Conservation Commissions under the Wetlands
			 Act, M.G.L. c. 131, §40.
These forms can be modified in accordance with the procedures
				of 980 CMR 11.02(1).
(3)
Other Forms
. The Council may establish, and later
			 appropriately modify, forms for use in connection with the procedure of
			 980
			 CMR 11.03,
			 11.04,
			 and
			 11.05,
			 below. It may also establish, consolidate, or modify forms to be used by one or
			 more of the agencies, in lieu of, or in addition to, any forms which developers
			 are required to prepare in order to obtain permits or licenses from said
			 agencies.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 12.00 - Technology Performance Standards › Section 12.01 - General

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 980 CMR 12.00 is to
			 streamline the Energy Facilities Siting Board's review of petitions to
			 construct generating facilities that have state of the art environmental
			 performance characteristics.
(2)
Scope
.
			 980 CMR 12.00 applies to any
			 application to construct a generating facility as that term is defined in
			 M.G.L. c. 164, § 69G, filed for review pursuant to M.G.L. c. 164, §
			 69J'/4. These regulations shall not in any way supersede or impair the
			 authority of the Massachusetts Department of Environmental Protection with
			 respect to such facilities.
(3)
Statutory Authority
.
			 980 CMR 12.00 is adopted
			 pursuant to M.G.L. c. 164, § 69J ¼ added by St. 1997, c. 164,
			 § 210, which requires the Energy Facilities Siting Board to establish a
			 technology performance standard for electric generating facility emissions,
			 including, but not limited to, emissions of sulfur dioxide, nitrogen oxides,
			 particulate matter, fine particulates, carbon monoxide, volatile organic
			 compounds, and heavy metals.
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 12.00 - Technology Performance Standards › Section 12.02 - Procedures

Current through Register 1525, July 5, 2024
(1)
Application of Technology
			 Performance Standards
. Any petition for approval to construct a
			 generating facility that is filed for review pursuant to M.G.L. c. 164, §
			 69J% must include an analysis of the proposed facility's expected emissions of
			 the criteria and non-criteria pollutants listedin
			 980 CMR
			 12.03. Such analysis shall include a summary
			 of the proposed facility's expected emissions, a description of the modelling
			 or other analyses used to derive the expected emissions, and where performance
			 guarantees are available from the equipment manufacturer, a description of the
			 performance guarantees. If the expected emissions of the proposed generating
			 facility exceed the levels set forth in
			 980 CMR
			 12.03 for any pollutant or pollutants, the
			 applicant also must provide the information listed in 980 CMR 12.02(2) as part
			 of its petition.
The Energy Facilities Siting Board may request copies of
				guarantees, work papers, or other documents to verify expected generating
				facility emissions; however, applicants proposing the use of fuel types that do
				not contain pollutants specified in the TPS and that when burned do not result
				in pollutants specified in the TPS, will not be required to provide modelling
				or testing results, guarantees, work papers or other similar documents with
				respect to those pollutants.
Emissions testing shall be conducted in accordance with the
				Massachusetts Department of Environmental Protection's "Guideline for Source
				Emission Testing" and in accordance with U.S. Envirormiental Protection Agency
				tests as specified in 40 CFR Part 60, Appendix A; 40 CFR Part 60, Subpart GG;
				40 CFR Parts 72 and 75; or in accordance with another methodology approved by
				the Massachusetts Department of Environmental Protection.
(2)
Additional Lifonnation
			 Requirements
. An applicant proposing to construct a generating
			 facility with one or more emissions in excess of the emission levels set forth
			 in
			 980 CMR
			 12.03 must provide the following additional
			 information with its petition:
(a) The
			 applicant shall document the reliability of the proposed generation technology
			 throughout the industry and evaluate the reliability of the proposed fuel
			 supply in Massachusetts.
(b) The
			 applicant shall provide the cost of the technology per megawatt hour (inclusive
			 of capital costs, operating and fuel costs, and decommissioning costs) relative
			 to other fossil fuel generating technologies.
(c) The applicant shall discuss how the
			 proposed facility will enhance New England's energy mix and prevent
			 overdependence on one or more fuel sources.
(d) The applicant shall provide information
			 comparing the overall environmental impacts associated with the proposed
			 facility with the overall environmental impacts of facilities using other
			 fossil fuel generating technologies:
Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 12.00 - Technology Performance Standards › Section 12.03 - Technology Performance Standards

Current through Register 1525, July 5, 2024
(1)
Technology Performance Standards for Criteria
			 Pollutants
. The following are the technology performance standards
			 for criteria pollutants:
Name of Pollutant
Technology Performance Standard
(Pounds per Megawatt-Hour Burning
Primary Fuel 100% base load at 50 degrees
							 Fahrenheit)
Sulfur Dioxide
0.021
Nitrogen Oxides
0.120
Fine Particulates -PM10
0.081
Particulate Matter
0.081
Carbon Monoxide
0.077
Volatile Organic Compounds
0.035
(2)
Technology Performance Standards for Non-Criteria
			 Pollutants
. The following are the technology performance standards
			 for non-criteria pollutants:
Pollutant
Technology Performance Standard (Pounds per
							 Megawatt-Hour Burning Primary Fuel)
Antimony
0.000171
Arsenic
0.00004
Beryllium
0.0000037
Cadmium
0.000033
Chromium
0.00033
Cobalt
0.00007
Copper
0.01
Lead
0.00045
Manganese
0.0026
Mercury
0.0000074
Pollutant
Technology Perfonnance Standard
(Pounds per Megawatt-Hour Burning
Primary Fuel)
Nickel
0.0093
Nickel Oxide
0.012
Phosphorus
0.0023
Selenium
0.00004
Vanadium
0.000037
Vanadium Pentoxide
0.00012
(3)
Updating to the Technology Performance Standards
. The
			 Energy Facilities Siting Board will update the technology performance standards
			 as necessary to reflect improvements in fossil fuel generating and control
			 technologies. Any such updates or new technology performance standards will not
			 apply retroactively to a proposed generating facility with expected emissions
			 that satisfied the technology performance standards in effect on the date the
			 applicant filed its petition for approval to construct the facility.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 1.00 - Purpose Of Statement Of Jurisdiction › Section 1.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 990 CMR 1.00 is to implement the Massachusetts Hazardous Waste Facility Siting Act, M.G.L. c. 21D, with the goalofsuccessfullyand expeditiouslysiting safe hazardous waste facilities in the commonwealth.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 1.00 - Purpose Of Statement Of Jurisdiction › Section 1.02 - Statement of Jurisdiction

Current through Register 1525, July 5, 2024
(1) Unless exempted by the provisions of 990 CMR 1.02(2), the following activities are subject to M.G.L. c. 21D and 990 CMR 1.00:
(a) The construction, operation and maintenance of a new facility for the storage, treatment, recycling or disposal of hazardous waste;
(b) An increase at a new or existing facility in its capacity to store, treat, recycle or dispose of hazardous waste.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 2.00 - Authority › Section 2.01 - Intent

Current through Register 1525, July 5, 2024
990 CMR is jointly issued by the Council and the Department pursuant to M.G.L. c. 21D in order to provide a unified body of procedures governing the hazardous waste facility siting process.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 2.00 - Authority › Section 2.02 - Delineation of Authority

Current through Register 1525, July 5, 2024
(1) The following sections of 990 CMR are promulgated by the Council: 990 CMR 2.03, 2.05(1), 4.00 (except 4.02 and 4.05), 5.00 (except 5.05(2)), 7.01, 7.03, 7.04, 8.00 through 14.00, 16.00.
(2) The following sections of 990 CMR are promulgated by the Department: 990 CMR 2.04, 2.05(2), 5.05(2), 6.00, 7.05, 15.00.
(3) The following sections of 990 CMR are promulgated jointly by the Council and the Department: 990 CMR 1.00, 2.01, 2.02, 2.06, 3.00, 4.02, 4.05, 7.02.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 2.00 - Authority › Section 2.05 - Waiver

Current through Register 1525, July 5, 2024
(1) The Council may waive the application of any section of 990 CMR it has promulgated if it finds that:
(a) public health and safety and the environment of allcommunities in the commonwealth will be protected; and
(b) strict application of the section to be waived would undermine the public interest in encouraging the construction of environmentally sound and safe hazardous waste facilities in the commonwealth; and
(c) there is no feasible or practical alternative means of compliance with the section to be waived which would allow the activity to proceed; and
(d) specific substitute conditions can be placed on the person seeking the waiver which result in the substantial protection of the process established by M.G.L. c. 21D and the rights of the communities affected by the action and the developer; and
(e) the action made possible by the waiver will not violate the provisions of M.G.L. c. 21D.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 2.00 - Authority › Section 2.06 - Retroactivity, Severability and Effective Date

Current through Register 1525, July 5, 2024
(1)
Retroactivity
. For any proceeding pending before the Council as of the effective date of 990 CMR 2.00, any action taken by the Council or the Department or by any party to said proceeding prior to the effective date shall be deemed to have been in compliance with the procedural requirements of 990 CMR 2.00. The substantive criteria set forth in 990 CMR 2.00 are to have prospective application only, and to the extent that said criteria vary in any manner from the criteria employed by the Council or the Department in decisions rendered priorto the effective date of 990 CMR 2.00, such variation is not to be construed as necessitating reconsideration or revocation of those prior decisions.
(2)
Severability
. The provisions o f 990 CMR 2.00 are severable, and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 990 CMR 2.00.
(3)
Effective Date
. 990 CMR 2.00 shall become effective immediately upon their publication by the Secretary of State.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
The Notice of Intent is a preliminary document designed:
(1) to inform the public of a developer's proposal to construct or to expand a hazardous waste facility in the commonwealth, and
(2) to provide the information necessary for the Council to determine whether the proposal is feasible and deserving of state assistance and therefore warrants further review pursuant to the siting process established by M.G.L. c. 21D.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.02 - Contents

Current through Register 1525, July 5, 2024
The Notice of Intent shall be submitted on a form approved by the Council and the Department, a nd s ha ll include:
(1) a description of the type of hazardous wastes the developer proposes to accept for storage, treatment, recycling or disposal at the facility;
(2) a description of the technology and procedures the developer proposes to use to store, treat, recycle or dispose of hazardous waste at the facility;
(3) a description of the developer's prior experience in the construction, operation and maintenance of hazardous waste facilities, in Massachusetts and elsewhere. This description shall include a record of complianc e with federal, state and local statutes, by-laws and regulations applicable to the construction and operation of such facilities, and with respect to the developer or any person owning a significant financial interest in the proposed project shall list:
(a) anypending investigations, hearings, litigation, arbitration or adjudicatory proceedings involving the developer or said person concerning compliance with federal, state and local statutes, regulations and by-laws applicable to the management of hazardous waste and the protection of public health and safety and the environment; and
(b) any civil, criminal or administrative judgments rendered against the developer or said person concerning compliance with federal, state and local statutes, regulations and bylaws applicable to the management of ha zardous waste and the protection of public health and safety and the environment; and
(c) any accidents which have occurred at any facility owned or operated by the developer or said person;
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.03 - Naming a Site

Current through Register 1525, July 5, 2024
(1) In submitting a Notice of Intent the developer shall:
(a) name a specific site and indicate a willingness to utilize the site suggestion process pursuant to 990 CMR 7.00; or
(b) name a specific site and indicate an unwillingness to utilize the site suggestion process; or
(c) name no specific site and indicate a willingness to utilize the site suggestion process.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.04 - Distribution

Current through Register 1525, July 5, 2024
The Developer shall submit the Notice of Intent to the following persons (hereinafter referred to as the "Notice of Intent Recipients"):
(1) Council memb e rs at those addresses contained in a list to be provided the developer by the Executive Secretary.
(2) Executive Secretary, Hazardous Waste Facility Site Safety Council;
(3) Director, Bureau of Solid Waste Disposal, Department of Environmental Management;
(4) Director, Division of Hazardous Waste, Department of Environmental Quality Engineering;
(5) Where the developer proposes a site in the Notice of Intent:
(a) the chief executive officer of the proposed host community;
(b) the chairman of the conservation commission of the proposed host community;
(c) the chairman of the planning board of the proposed host community;
(d) the chief of the fire department of the proposed host community;
(e) the chairman of the board of health of the proposed host community;
(f) the regional planning agency for the area in which the proposed host community is located;
(g) the chief executive officer and chairman of the board health of each abutting community;
(h) the owner(s) of the proposed site;
(i) the local public library.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.05 - Public Comment Period

Current through Register 1525, July 5, 2024
A Notice of Intent shall not be considered complete until the expiration of a 45 day public comment period. Upon receipt of a Notice of Intent, the Council shall issue a press release containing notice thereof and of the public comment period, and shall request that said notice be published in the Environmental Monitor. Where the developer has named a site in the Notice of Intent, or where he has specified a community or communities in whichhe is willing to consider suggested sites, the developer shall publish notice thereof and of the public comment period in a newspaper of general circulation serving each potential host community. The public comment period shall commence upon the date that notice of the filing of a Notice of Intent is published in the Environmental Monitor.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.06 - Determination of Completeness

Current through Register 1525, July 5, 2024
The Council shall expeditiously reviewthe informationprovided inthe Notice of Intent and received during the public comment period, and after consultation with the Department shall advise the developer in writing whether the Notice of Intent is complete. A Notice of Intent shall be considered complete if:
(1) it adequately presents the information specified in 990 CMR 4.02 and
(2) the Council has sufficient information to determine whether the proposal is feasible and deserving of state assistance.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 4.00 - Notice Of Intent › Section 4.07 - Supplemental Information

Current through Register 1525, July 5, 2024
Until such time as the Council declares a siting agreement to be operative pursuant to 990 CMR 14.03, the developer shall promptly notify the Council and the Notice of Intent Recipients ofanynew information or changes in the information already provided in the Notice of Intent which could reasonably be deemed material to the Council's determination that a proposed project is feasible and deserving of state assistance. Each such notification shall be accompanied by the certification specified in 990 CMR 4.02(13). Provided, however, that any such new information or changes in information that have been or will be contained in the Project Notification Form, the Preliminary Project Impact Report or the Final Project Impact Report need not be submitted to the Council pursuant to 990 CMR 4.00.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.01 - Introduction

Current through Register 1525, July 5, 2024
Within 15 days of its determination that a Notice of Intent is complete, and upon consultation with the Department and the Department of Environmental Protection, the Council shall review the Notice of Intent together with any comments received during the public comment period and any other information it deems appropriate, and shall determine whether the proposed project is feasible and deserving of state assistance.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.02 - Significance

Current through Register 1525, July 5, 2024
A determination by the Council thata proposed project is feasible and deserving of state assistance is a preliminary judgment that the proposal warrants further and detailed review pursuant to the impact analysis and licensing procedures set forth in St. 1980, c. 508. Such a determination shall mean that based on the Council's review of the information available to it within the time constraints imposed by M.G.L. c. 21D the proposed project meets the threshold criteria specified in 990 CMR 5.03 and 5.04, and that therefore the developer, the host community and the abutting communities are eligible to utilize state assistance and the special procedures established by M.G.L. c. 21D during the impact analysis, negotiation and licensing phases of the siting process.
Code of Massachusetts Regulations › 990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL › Title 990 CMR 5.00 - Council Determination Whether A Proposal Is Feasible And Deserving Of State Assistance › Section 5.03 - Criteria Applicable to All Notices of Intent

Current through Register 1525, July 5, 2024
The Council shall determine that a proposed project is feasible and deserving of state assistance only if it finds, on the basis of the information available to it within the time constraints imposed by M.G.L. c. 21D, that it can reasonably be expected that:
(1) the proposed technology will perform as described, and is in accordance with sound engineering and process standards;
(2) there is a need in the Commonwealth for the service or services which the proposed facility would provide, and such need is sufficient to justify the expenditure of resources by the Council, other state agencies and the local communities in conducting or participating in the siting process;
(3) the developer has sufficient financial resources or is capable of obtaining sufficient financing to:
(a) construct or expand the facility;
(b) operate and maintain the facility in compliance with all applicable statutes, regulations, bylaws and the siting agreement;
(c) provide assurance of financial responsibility in the event of accidents or malfunctioning, and provide for closure and post-closure maintenance, if required;