Massachusetts DEP issues final regulations to satisfy Global Warming Solutions Act Obligations

On August 11, 2017, the Massachusetts Department of Environmental Protection (DEP) issued final regulations to ensure that the Commonwealth will meet its statewide greenhouse gas (GHG) emissions limits mandated by the 2008 Global Warming Solutions Act (GWSA). The new regulations reflect a ruling by the Massachusetts Supreme Judicial Court and an executive order by Governor Charlie Baker directing Massachusetts to promulgate enforceable regulations that will facilitate the state’s achievement of its GWSA obligations.

The regulations, specifically 310 CMR 7.74 (Reducing CO₂ Emissions from Electricity Generating Facilities) and 310 CMR 7.75 (Clean Energy Standard), seek to reduce carbon dioxide emissions from power plants in Massachusetts by imposing an annually declining aggregate emissions cap on 21 large fossil fuel-fired generators in Massachusetts and increase the amount of electricity purchased by Massachusetts utilities and competitive suppliers from clean energy sources.

Additional information is available on the Massachusetts DEP website.