In response to concerns expressed by some stakeholders regarding the timing of the biomass NOI process, on July 14 DOER and DEP extended the period of the Inquiry that had been announced on July 1. The revised Timetable is below.
Policy Statement on the RPS Eligibility of Retooled Biomass Plants
On October 27, 2005 DOER issued its Policy Statement on the RPS Eligibility of Retooled Biomass Plants, which revises existing policy. The Policy Statement can be downloaded as a PDF file at this link.
DOER and DEP Plans for the Upcoming Rulemaking
Both DOER and DEP appreciate the many thoughtful comments submitted in writing and in face-to-face discussion during the course of the current Inquiry process. The two agencies have reviewed all of the input received from stakeholders, as well as other information. As it concludes the NOI process, DOER intends to initiate the process for amending the RPS regulations. That regulatory revision process will commence formally later this fall.
DOER's proposed revisions to the RPS regulations will include clarification of the criteria that must be met by biomass plants to achieve both the "low-emission" and "advanced power conversion technology" requirements of the statute. DEP's anticipated rulemaking will pertain to matters of air emissions for biomass-fueled power plants in Massachusetts. DOER hopes to publish its proposed revisions later this fall, which would initiate the formal Rulemaking process.
On June 2, 2006 DOER issued its formal Notice of Public Hearing on Proposed Regulations. For additional information go to the Proposed Rulemaking Changes page.
Introduction to the Notice of Inquiry
On July 1, 2005, DOER and the Department of Environmental Protection (DEP) jointly issued a Notice of Inquiry (NOI) regarding the definition of "low-emission biomass power conversion technology" and its qualification under RPS. The NOI presents a preliminary proposal of changes in that definition and related matters for stakeholder comment and open discussion. DOER and DEP will conduct the Inquiry for about one month, although we reserve the right to extend the period. After considering the comments received during this Inquiry, DOER intends to issue proposed revisions of the RPS regulations in a formal rulemaking. DEP may revise the air quality regulations to complement the DOER changes.
Note that the outcome of this two-part process will not invalidate any Statement of Qualification or Advisory Ruling issued by DOER prior to publication of the NOI. Also note that DOER does not intend to issue any Statements of Qualification or Advisory Rulings with respect to biomass projects prior to the promulgation of regulations resulting from the rulemaking anticipated to follow this Inquiry. However, see footnotes 2 and 3 of the NOI for details and caveats to these statements.
The NOI was sent to a broad spectrum of RPS stakeholders on July 1. DOER and DEP anticipate receiving substantial feedback from stakeholders.
Revised Inquiry Timetable
| Friday, July 1 | Issuance of Notice |
| Monday, July 25 | Initial Comments due |
| Monday, July 25 | Reservations due for speaking at Stakeholder Conference |
| July 7 - August 15 | On-line posting of Initial Comments and other feedback |
| Thursday, July 28 | Stakeholder Conference |
| Thursday, August 18 | Final Comments due |
For additional information or to be added to the e-mail distribution list for the NOI, see contact information on the last page of the NOI, or send a message to doer.rps@state.ma.us.
Link to the NOI
The Notice of Inquiry may be downloaded as a PDF file at this link.
NOTE that the DOER's email address in the NOI is incorrect. The correct address is doer.rps@state.ma.us.
(Updated 10/27) The July 28 Stakeholder Conference
The Conference was held in Worcester in Amphitheatre II of the Medical School building at the University of Massachusetts Medical Center, from 10 AM to 4 PM. Seven staff of DOER and DEP were joined by about fifty stakeholders. After initial statements by some stakeholders, a lively and valuable discussion ensued.
Confidentiality
Note that anyone who has commercially sensitive information that is not publicly available elsewhere and that would be useful for answering questions posed in the NOI may request confidential treatment for that information to the extent provided in the law. Before sending such information, you may discuss its eligibility for confidential treatment with Rob Sydney, DOER General Counsel, who may be contacted by phone at 617-727-4732, ext. 40133.
This linked page includes any additional NOI questions, correction of errors, supplementary documentation, etc. On July 20th, DOER added two documents - one concerning supply and demand projections and one listing New England biomass plants.
Comments and Other Documents
The pages linked from the sub-titles below provide in tabular format a list of comments and other documents, by date and name of source, each linked to a PDF version of the comment. These include documents submitted as "Initial Comments" and "Final Comments" (with any attachments), comments not labeled as Initial or Final, and other documents and communications (including email messages) received by DOER that have a bearing on the matters covered by the NOI.
DOER and DEP intend for this Inquiry to be a relatively informal exchange of information and views on the matters at hand. In the interest of such exchange, please note the following regarding comments in this Inquiry:
- You may submit Final Comments without having submitted Initial Comments.
- You are encouraged to submit comments, remarks, information, questions, etc., at any time during the Inquiry.
- You are encouraged to send responses to the comments, remarks, etc., of others at any time during the Inquiry.
- All written communications that are germane and non-confidential will be posted at the Inquiry webpage ASAP.
- The Inquiry webpage will include a Question and Answer section.
Finally, please note that, while you are welcome to express your views in any way you wish, what would be most useful for this Inquiry are comments that do the following:
- Explain the reasons for your views,
- provide specific information,
- recommend alternative means of achieving the goals stated in the Notice, and/or
- recommend methodologies, standards, and metrics.
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