Code of Massachusetts Regulations 980 CMR - ENERGY FACILITIES SITING COUNCIL
Here’s a comprehensive overview of 980 CMR – Energy Facilities Siting Council (also known as the Energy Facilities Siting Board regulations):
📘 What Is 980 CMR?
Title 980 of the Massachusetts Code of Regulations outlines the Energy Facilities Siting Council (Board) rules.
Officially compiled by the Trial Court Law Libraries; last updated April 4, 2018 (mass.gov).
Governs siting, licensing, environmental review, and procedural requirements for energy infrastructure.
🗂 Table of Contents (Chapters 1.00 – 12.00)
1.00 – Conduct of adjudicatory proceedings
2.00 – General board operations & business rules
4.00 – Freedom of Information; trade secret protections
5.00 – Environmental assessment & impact reports
6.00 – Certification of environmental impact and public need
7.00 – Long‑range forecasts & supplemental filings
8.00 – Notices of intent to construct oil facilities
9.00 – Coastal zone facility siting, evaluation & assessment
10.00 – Siting of intrastate LNG storage
11.00 – Licensing of hydropower generating facilities
12.00 – Technology performance standards (mass.gov)
🔍 Key Chapters & Provisions
⚖️ 1.00 – Adjudicatory Proceedings
Sets procedural rules for hearings—filing petitions, notice requirements, presiding officers, hearings record, and decisions.
🏛️ 2.00 – Board Business
Outlines board membership, meetings, voting, quorum, record-keeping, and other operational norms.
🔓 4.00 – Public Records and Trade Secrets
Applies Freedom of Information Act standards to board materials, with specific exemptions to protect confidential business information.
🌱 5.00 – Environmental Reviews
Details requirements for preparing environmental assessments (EA) and environmental impact reports (EIR) for proposed facilities.
🧭 6.00 – Certification of Public Need
Guidelines for obtaining a certificate demonstrating public interest under M.G.L. c. 164—includes application filing, content, review, and decision timelines.
📈 7.00 – Long‑Range Forecasts
Requires applicants to submit energy demand forecasts and periodic updates to support siting decisions.
🛢️ 8.00 – Oil Facility Notices
Specifies notice of intent requirements for constructing petroleum storage and related infrastructure.
🌊 9.00 – Coastal Zone Siting
Adds rules for facility placement in coastal zones, including environmental and stakeholder evaluations.
🔥 10.00 – Intrastate LNG Storage
Regulations for siting liquefied natural gas storage within Massachusetts, with safety and environmental oversight.
💧 11.00 – Hydropower Licensing
Licensing process specifics for hydropower generating facilities under state jurisdiction (law.cornell.edu, bpl.bibliocommons.com).
⚙️ 12.00 – Technology Performance Standards
Sets environmental and emissions performance standards (e.g., NOₓ, SO₂, PM₂.₅, CO, VOCs, heavy metals) for new generating facilities—mandated under M.G.L. c. 164, § 69J¼ (law.cornell.edu).
📥 Accessing the Full Text
Mass.gov Trial Court Law Libraries – unofficial but current version as of April 4, 2018 (mass.gov).
State Bookstore – purchasable ‘980 CMR 1.00–12.00’ booklet for $7.85 (sec.state.ma.us).
Cornell LII & Casetext – helpful for specific sections like § 12.01, § 11.02 (law.cornell.edu).
✅ Summary
980 CMR governs:
How the Energy Facilities Siting Board makes decisions—procedures, transparency, and stakeholder participation.
The environmental and technical standards applicable to siting power plants, oil, LNG storage, hydropower, and coastal facilities.
Emissions and performance criteria to ensure facilities meet modern environmental standards when requesting certification.
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