EFSB Consolidated Permit Application Requirements: Required Permits.

(1) Contents of Required Permit Requests in Application. The Applicant shall provide the following information for requested Permits. An Applicant shall include proposed conditions as part of its EFSB Consolidated Permit Application. See 980 CMR 13.09. The Applicant shall review the Common Conditions in proposing such conditions, and may proffer any modifications or supplemental conditions that it deems necessary to meet applicable requirements. (a) State Permits. The Applicant shall provide the following for each state Permit required for the CEIF Project: 1. Identify the state Permit, the related PEA name, and the name of the agency permitting program or office; 2. A summary of why the state Permit is necessary for the CEIF Project; 3. A completed Permit application form and required filing documents applicable to the CEIF Project and the PEA that would normally issue such a Permit consistent with applicable statutes, regulations, and guidance for that Permit; 4. A draft Permit proposed for the CEIF Project, including but not limited to applicable Common Conditions, inclusive of any supplemental conditions or modifications proposed by the Applicant to ensure consistency with the substantive requirements of applicable state Permit statutes regulations, and guidance; 5. The baseline environmental, health, safety, and other standards applicable to the CEIF Project, as specified by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance, Attachment 2: Uniform Set of Baseline Health, Safety, Environmental, and other Standards; 6. A copy of the written comments provided to the Applicant by the PEA during Agency Consultation pursuant to 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements; 7. Documentation showing how the State Permit application and draft proposed State Permit submitted to the Board pursuant to 980 CMR 13.05 address the written comments of the PEA received during Agency Consultation; and 8. The application fee for the CEIF Project that the PEA would charge for the requested Permit, absent the EFSB Consolidated Permit Application. (b) Local Government Permits. 980 CMR 13.05 shall not apply to M.G.L. c. 164, § 69V, Applications for SCEGF and SCESF. The Applicant shall provide the following for each Local Government Permit required for LCEIF under M.G.L. c. 164, § 69T or SCTDIF under M.G.L. c. 164, § 69U: 1. The name of the Local Government Permit, the name of the municipality where the Permit is sought, and the name of the PEA having enforcement oversight for the Permit. 2. A description of why the Local Government Permit is necessary. 3. A completed Permit application and required filing documents pursuant to either of the following at the discretion of the Applicant: a. local PEA requirements; or b. the Consolidated Local Permit Application specified in 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. 4. A draft Local Government Permit proposed for the LCEIF or SCTDIF Project, including but not limited to applicable Common Conditions, inclusive of any supplemental conditions or modifications proposed by the Applicant. The type of Local Government Permit(s) requested (i.e., a Consolidated Local Permit or individual Local PEA Permits) shall be consistent with the related Application used by the Applicant. 5. The baseline environmental, health, safety, and other standards applicable to the CEIF Project, as specified by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance, Attachment 2: Uniform Set of Baseline Health, Safety, Environmental, and other Standards. 6. A copy of the written comments provided to the Applicant by the PEA during Agency Consultation pursuant to 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements. 7. Documentation showing how the State Permit application and draft proposed State Permit submitted to the Board pursuant to 980 CMR 13.05 address the written comments of the PEA received during Agency Consultation. The application fee for the CEIF Project that the PEA would charge for the requested Permit, absent the EFSB Consolidated Permit Application. (c) Federal Permits. For context and general informational purposes only, the Applicant shall provide a list of federal permits required for the CEIF Project. The list of federal permits shall include the following for each federal permit: 1. The completed federal permit form. 2. A summary of the federal permit. 3. The date the Applicant requested a federal permit and the date the Applicant received or anticipates receiving the federal permit. 4. The status of the federal permit when the Application is submitted. (d) Ministerial Permits. The Applicant shall provide a list of each Ministerial Permit anticipated for the CEIF Project. An Applicant shall specify whether such Ministerial Permits are sought from the Board, or directly from the applicable PEAs using the PEAs’ standard procedures. Ministerial Permits requested in an EFSB Consolidated Permit Application would be issued by the Director in response to an Applicant’s compliance filing following a Final Decision of the Board approving the CEIF, or following a CEIF Project’s Constructive Approval. (e) Federally Delegated Permits. 1. The Applicant shall identify all required federal permits for which authorization to issue the permit has been delegated to a Massachusetts state agency. The Applicant shall provide information pursuant to 980 CMR 13.05(1)(c). 2. The Board presumes that federally delegated permits may not be issued in the EFSB Consolidated Permit without Board approval of a request for inclusion in 980 CMR 13.05(1)(e)(3). 3. An Applicant may request in the Application that the Board issue a federally delegated permit in the EFSB Consolidated Permit. The request for inclusion of the federally delegated permit shall include all information as required by 980 CMR 13.05(1)(a). (2) Procedures for Requested Permit(s) in Application. (a) Permit Applicability. Prior to submitting an Application to the Board, the Applicant shall, pursuant to 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements, determine which Permits the CEIF Project requires. (b) Conflicts. The Applicant shall expressly identify duplicative information or conflicting requirements across Permits included in the Application. The Applicant shall provide a proposed resolution of such conflicting or duplicative requirements, with an explanation. (c) Proof of Notice. The Applicant shall provide proof to the Board that each PEA and PAA received notice of each Permit for the CEIF Project, for which they would have had subject matter jurisdiction if the Applicant had sought a Permit with that agency.