Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities
Section 43.50 - Application Guidelines and Procedures for Use in Preparation of the Report Identifying Possible Locations

(a) The Report Identifying Possible Locations may be prepared on the basis of data available from any credible public or private source as well as data obtained by the Board on the basis of its own investigation. Such information may include, without limitation, the sources set forth at 310 CMR 43.44, municipal sources, aerial photography, windshield surveys, walkovers or other surficial field investigation to identify apparent exclusion factors not shown on existing maps. Installation of ground water wells is not required.

(b) Exclusion factors which were not applied in the Statewide Mapping and Screening Report because of size consideration, data availability or qualifications or interpretation of regulatory requirements should be applied to the extent those restrictions have been overcome by further investigation by the Board. In addition, conditional consideration criteria should also be evaluated to the extent that data is available and can be analyzed in accordance with the procedures established herein within the time limit established by M.G.L. c. 111H. The Board may include any site as a possible site even though it exhibits a conditional consideration criterion if the Board determines that further characterization of the site is advisable based on the likelihood that the condition will be satisfied upon further characterization.

(c) Lack of uniform coverage of the State with respect to certain data requirements shall not be a cause to fail to use data that are available provided that the Board should use reasonable efforts to obtain statewide data on criteria which form the basis of a decision to screen out a site. The further specific guidelines of 310 CMR 43.51 shall also be observed.

(d) Although the Report should reflect the data and analysis of only the exclusion and conditional consideration criteria the Board may collect and analyze preference data for future use.

(e) The factors to be applied may reflect land areas that are of sufficient size and extent to be mapped on a statewide or regional basis as deemed appropriate to most accurate delineation. The specific mapping accuracy should be commensurate with the map scales employed and the accuracy of the data sets. As a general matter the scale of the map should be consistent with the scale at which the data was entered. Mapping scales down to 1:24,000 may be utilized.

(f) The Board shall not be responsible to verify the accuracy of data provided through federal and state agencies but it should identify the sources of all the data and discuss the estimated quality of data and the sensitivity of the results to data uncertainty and data gaps. The Board should be responsible to verify through implementation of the quality assurance program all data collected through its own investigation.