1. BWSC’s Clean Energy Results Program Superfund Advisory Committee Meeting Thursday, May 22, 2014 Thomas M. Potter, Clean Energy Development Coordinator

2. AGENDA Jobs/Opportunity Administration Mandates/Goals Clean Energy Results Program (CERP) BWSC CERP Goals 1.Developing 25 50 MW’s of Photovoltaic (PV) Renewable Energy Projects 2.Promoting Green Remediation 5/22/20142

3. Jobs & Opportunity 2011 CEC Report 64,310 people are directly involved in work related to the state’s clean energy sector Represents 1.5 % of all jobs 4,909 clean energy companies in the state Companies saw 6.7% increase in jobs from 7/10 to 7/11. Expected to grow to 15.2% from 7/11 to 7/12 2013 CEC Report 5/22/2014 3 79,994 people are directly involved in work related to the state’s clean energy sector Represents 1.9 % of all jobs 5,557 clean energy companies in the state Companies saw 11.8% increase in jobs from 7/12 to 7/13. Expected to grow to 11.1% from 7/13 to 7/14

4. Jobs & Opportunity (cont.) 5/22/20144

5. Mass Clean Energy Mandates 2007 Top Priority for Patrick Administration 2008 Green Communities Act (GCA) – Supports Development of Clean Energy Resources – Expands Efforts to Promote Energy Efficiency – Increased the Renewable Energy Portfolio Standard (RPS) to 1% per year. 2008 Global Warming Solutions Act – Comprehensive Program -> Climate Change – Goal 25 % Below 1990 GHG levels by 2020 5/22/20145

6. Mass Clean Energy Goals 15% of Massachusetts electricity supplied from renewable sources by 2020 2012 SOLAR (“SREC I”): – 250 MWs installed by 2017 (met 4 years early) – 400 MWs generated by 2020 – 105 MW as of 5/1/12 WIND: – 2,000 MWs by 2020 – 54 MW as of 5/1/12 2014 SOLAR (“SREC II”): – 1,600 MW installed by 2020 [NEW 5/1/13] – 496 megawatts as of 5/1/14 (+78%) WIND: 2,000 MWs by 2020 – 103 MW as of 5/1/14 5/22/2014 6

7. Launched November 2011 Unique MassDEP / DOER /MassCEC Partnership Formalized Role for MassDEP in Promoting Clean Energy Build renewable energy Create economic growth and employment opportunities 5/22/2014 7

8. Through CERP, MassDEP: Supports DOER and MassCEC in Achieving Commonwealth Clean Energy Goals Promotes Clean and Efficient Sources of Energy at MassDEP Regulated Sites (where we have authority or control) Maximizes MassDEP’s Unique Expertise to Overcome Permitting & Siting Obstacles Addresses Public Health Concerns Using Sound Science 5/22/2014 8

9. MassDEP Commissioner’s CERP GOALS November 2011 Updated December 2012 9 5/22/2014

10. Commissioner’s BWSC Specific Goals 1.By 2020, achieve 25 50 megawatts of new solar photovoltaic (PV) on underutilized contaminated land – creating green jobs and tax revenue benefitting Massachusetts communities. – (formerly 25 MW’s – combined with Landfill efforts) 2.Promote the use of Green Remediation at state and federally regulated contaminated sites – Maximize the net environmental benefit – Considering: remedy energy requirements, efficiency of on-site activities, reduction of impacts on surrounding areas. 5/22/201410

11. November 2013: USEPA’s RE-Powering America’s Land Initiative INSTALLATIONS BY STATE State# SitesInstalled Capacity (MW) MA2236.8 NJ1022.7 CA812.1 NY667.2 CO55.9 WY3256.8 TN39.9 PA238.0 IL210.9 AZ25.0 NM23.0 WI20.6 NC20.6 OH20.3 TX20.1 RoUS8 37.4 TOTAL85507.3 5/22/2014 11

12. DRIVER: Solar Incentives in Massachusetts www.house-power.com/blog/wp-content/uploads/2009/12/iStock_000009001180XSmall.jpg 12 5/22/2014

13. RPS Solar Carve-out Renewable Energy Certificates (SREC) SREC I (2009) Program cap of 400 MW Provided economic support of solar PV industry Undersupply and Oversupply concerns. No restrictions on growth. Land-use issues in some communities – particularly with regard to use of agricultural lands, open space, and forestland SREC II (2014) Program cap of 1600 MW (1200 additional) minus the capacity reached in SREC I by 6/30/14 To meet goal, 140 – 200 MW per year Continues economic support and momentum for solar PV industry Managed Growth Incentives decline over 10 years Financial incentives differentiated between Market Sectors Favorability to Landfill and Brownfield type projects 5/22/2014 13

14. Market Sectors Projects under the RPS Solar Carve-Out II Program are each assigned to a particular Market Sector as follows: Market Sector Generation Unit Type SREC Factor A 1. Generation Units with a capacity of <=25 kW DC 2. Solar Canopy Generation Units 3. Emergency Power Generation Units 4. Community Shared Solar Generation Units 5. Low or Moderate Income Housing Generation Units 1.0 B 1.Building Mounted Generation Units 2.Ground mounted Generation Units with a capacity > 25 kW DC with 67% or more of the electric output on an annual basis used by an on-site load 0.9 C 1.Generation Units sited on Eligible Landfills 2.Generation Units sited on Brownfield’s 3.Ground mounted Generation Units with a capacity of <= 650 kW with less than 67% of the electrical output on an annual basis used by an on-site load. 0.8 Managed Growth Unit does not meet the criteria of Market Sector A, B, or C [NOTE: FY14 Capacity Block = 26 MW, FY15 = 80 MW] 0.7 5/22/201414

15. 225 CMR 14.00 (effective 04/25/14) Renewable Energy Portfolio Standard – CLASS I Per 225 CMR 14.02, a Brownfield is defined as follows: A disposal site that has received a release tracking number from MassDEP pursuant to 310 CMR 40.0000, the redevelopment or reuse of which is hindered by the presence of oil or hazardous materials, as determined by the Department, in consultation with MassDEP. For the purposes of this definition, the terms “disposal site,” “release tracking number,” “oil,” and “hazardous materials” shall have the meanings giving to such terms in 310 CMR 40.0006. No disposal site that otherwise meets the requirements of this definition shall be excluded from consideration as a Brownfield because its cleanup is also regulated by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-9675, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6921 – 6939g, or any other federal program. 310 CMR 14.02. 5/22/201415

16. DOER/MassDEP Guidance Regarding the Definition of “Brownfield” Under Development DOER’s “Brownfield” is broadly defined to include universe of 44,000 listed sites and EPA Superfund and RCRA locations. The regulatory definition has two major components: 1.disposal site that has received a release tracking number from MassDEP pursuant to 310 CMR 40.0000 2.the redevelopment or reuse of which is hindered by the presence of oil or hazardous materials Guidance is for “Pre-Determinations” of qualification as Brownfield under DOER regulations. 5/22/201416

17. BWSC’s Green Remediation Goal In 2012 we announced... Focus on energy efficiency and renewable opportunities (CERP RPS eligible projects) Considering the application of Green Remediation as a “Performance Standard” for the conduct of Response Actions Considering reference to the ASTM Guide and associated Best Management Practices (BMPs) for performance standard (others: ITRC, SuRF) Evaluating Universe of sites w/active remedial systems (estimated at 400) 5/22/2014 17

18. 2014 Progress 2014 Regulatory Amendments include provisions to address “core elements” in support of Commonwealth’s energy and emission reduction mandates of 2008. Found in RAPS and Remedy Selection DRAFT Greener Cleanups Policy issued May 2014 (available online) Policy advocates use of ASTM Standard Guide for Greener Cleanups (E2893-13, November 2013) Green Remediation Workgroup (2012 – present) 5/22/201418

19. Green Remediation in the States 1* = State with Statute/Law (*Pending in Wisconsin) 2 = State with Regulation (MA, NJ) 7 = States with Policies (NY, IL, IN, MN, CA, OR, WY) 40 = NA * Based on 2012/2013 GCW Survey 19 5/22/2014

20. Green Remediation A Sub-Set of Sustainable Remediation Green Remediation maximizes the net environmental benefit of cleanup utilizing approaches and technologies that address the 5 Core Elements. Core Elements – key elements for potentially reducing the environmental footprint of a cleanup. 20 5/22/2014

21. Greener Cleanup 5 Core Elements The 5 core elements promote: 1.Minimizing total energy use and maximizing renewable energy use; 2.Minimizing air pollutants and greenhouse gas emissions; 3.Minimizing water use and impacts to water resources; 1.Reducing, reusing and recycling of materials and waste reduction; 2.Protecting land and ecosystems. 21 5/22/2014

22. 310 CMR 40.0191 Response Action Performance Standard (RAPs) (3) The application of RAPS shall be protective of health, safety, public welfare and the environment and shall include, without limitation, in the context of meeting the requirements of this Contingency Plan, consideration of the following: – (e) eliminating or reducing, to the extent practicable and consistent with response action requirements and objectives, total energy use, air pollutant emissions, greenhouse gases, water use, materials consumption, and ecosystem and water resources impacts resulting from the performance of response actions through energy efficiency, renewable energy use, materials management, waste reduction, land management, and ecosystem protection. 5/22/201422

23. 2014 Greener Cleanups Policy Promotion of greener cleanups consistent with Commonwealth’s mandates to improve energy efficiency, reduce emissions and expand the use of renewable energy resources where practicable. Voluntary consideration. The includes addressing five core elements or factors for reducing the environmental footprint of a cleanup. Greener cleanup considerations may not be used to override any requirement to implement a remedy to achieve the timely elimination, mitigation or prevention of such conditions. Users determine specific cleanup phase/response action for application. MassDEP advocates for the use of the ASTM Standard Guide for Greener Cleanups in addition to other available resources. 5/22/201423

24. Available Guidance Resources Several guidance documents and implementing tools that have been developed by outside professional organizations: – The US Sustainable Remediation Forum (SURF) “Framework for Integrating Sustainability Into Remediation Projects” (Summer 2011)  Focus: Sustainable Remediation – The Interstate Technology & Regulatory Council (ITRC) Technical/Regulatory Guidance “Green and Sustainable Remediation: A Practical Framework” (November 2011)  Focus: Sustainable Remediation – The American Society for Testing and Materials (ASTM) “Standard Guide for Integrating Sustainable Objectives into Cleanup” (E2876-13, July 2013)  Focus: Sustainable Remediation – The ASTM International (ASTM) “Standard Guide for Greener Cleanups” (E2893-13, November 2013)  Focus: Green Remediation 5/22/201424

25. ASTM Standard Guide Overview  Structure  Only addresses green remediation  Fundamental core is selecting Best Management Practices (BMPs)  Flexible evaluation process A.Qualitative Evaluation – BMP selection B.Quantitative Evaluation (numerical assessment) – Footprint Analysis + BMP, or – Life Cycle Assessment + BMP  Standard is applied on a phase-by-phase basis 1.Site Assessment 2.Remedy Selection 3.Remedy Design and Implementation 4.Operation, Maintenance and Monitoring 5.Remedy Optimization 5/22/201425

26. Best Management Practices Best Management Practice (BMP) – Activity that reduces the environmental footprint of a remedy – ASTM developed a comprehensive list BMPs NOT... Standard Management Practice (not included because routine - Considered industry standards and are truly basic in nature) Recycling office waste Using compact fluorescent light bulbs Minimizing paper use with electronic filing systems 5/22/201426

27. BMP Selection Step 1: Screening Greener Cleanup BMP Table Task Group compiled table with over 160 BMPs ASTM provides table in Excel format as an “Adjunct” Arranged by category, core element and technology  10 Categories (e.g., power & fuel, materials, vehicles…)  5 Core elements  11 technologies (e.g., SVE, P&T, excavation…) User strongly encouraged to add BMPs to the table (LSPA Tech Practices) User can sort the Excel table by technology, core element or category 5/22/201427

28. BMP Selection Process “Five Steps to Greening Cleanups” 1.Opportunity Assessment  Review master list of BMPs and retains those that warrant further consideration.  Consider BMPs not on the master list  Should be a pretty straightforward exercise 2.BMP Prioritization  Identify BMPs with the greatest potential for reducing the environmental footprint and prepare prioritized list 3.BMP Selection  Unless a compelling reason to do otherwise, select each BMP from include each BMP from Step 2 for implementation  What is a “compelling reason to do otherwise”?  Substantive issues associated with applicability, implementation, impracticability and cost 4.BMP Implementation  Again, document BMPs that can not be implemented and why 5.BMP Documentation  Record BMPs implemented  Explain why BMPs from Steps 3 & 4 were not implemented (if any) 5/22/201428

29. ASTM BMP Table 29

30. Example P&T Selection from BMP Table 5/22/201430

31. BMP Selection  Supplement P&T system with plant based extraction  Use variable frequency drives  Operate system in off-peak hours  Install amp meters to evaluate consumption rates  Use gravity flow where feasible  Purchase renewable energy credits  Use on-site generated renewable energy  Use excess steam as an energy source 5/22/201431

32. EPA Memo of Encouragement Assistant Administrator OSWER “[I]n the Agency’s pursuit of a cleaner, safer environment, I recommend that the regions and OSWER programs facilitate and encourage use of ASTM’s Standard Guide for Greener Cleanups in your efforts to implement greener cleanup practices.” 32

33. States: Facilitate and Encourage ASTM Guide Wisconsin plans to include the standard as a resource for complying with State Cleanup rules (NR 722.09) Minnesota will update their Green and Sustainable Remediation Guidance with reference to the Standard Guide in the near future and is piloting the BMP Table in its Green and Sustainable Remediation Evaluation Project Illinois references the Standard Guide on their VCP website 33

34. Why would a PRP, or other property owner want to consider green remediation? Save money Improve community perception Corporate commitment Property value 4/25/14 ASTM Guide Webinar: (External Stakeholders) Q: “What is your driver for implementing the ASTM Guide at site cleanup projects?” A: 43% - Corporate/Agency Policy 5/22/2014 34

35. Green Remediation Incentives Under Consideration DOER & MassCEC Energy Efficiency & Renewable Energy Programs – SREC II, GSHP Grants Public Recognition/Awards for Projects Future Fee “Breaks” Others? 5/22/201435

36. Thank You! Thomas M. Potter Clean Energy Development Coordinator MassDEP Bureau of Waste Site Cleanup One Winter Street, 6 th Floor Boston, MA 02108 617-292-5628 Thomas.Potter@state.ma.us Clean Energy Results Program Website: http://www.mass.gov/eea/agencies/massdep/service/energy/ 36 5/22/2014