(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.
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.