Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment
Section 9.02 - Site Evaluation and Comparison
Universal Citation: 980 MA Code of Regs 980.9
Current through Register 1531, September 27, 2024
(1) Evaluation and Comparison.
(a) Where a facility is proposed for coastal
siting, the lead company or petitioner must propose, evaluate, and compare at
least one alternative site. In the case of a facility which is claimed to be
coastally dependent, at least one alternative site in the coastal zone must be
proposed, evaluated, and compared. In the case of a facility which is not
coastally dependent, the alternative to be proposed, evaluated and compared
shall be inland of the coastal zone. Any alternative shall be reasonably
determined and demonstrated to be capable of development and licensing or
approval by all federal, state, regional and local agencies. The evaluation
will include a justification of the necessity for or advantage of coastal
siting together with an explicit definition of the process developed to compare
alternative sites.
(b) The lead
company or petitioner will complete and provide a following site evaluation for
each alternative site as set forth below.
1.
Identification of the site relative to the areas of critical environmental
concern and significant resource areas;
2. Identification and evaluation of
Massachusetts Coastal Zone Management Program policies and regulatory
requirements which apply to each site;
3. Identification of statutory and regulatory
citations to all federal, state, regional, and local licenses, approvals,
permits, and authorizations required for construction, operation, and
decommissioning of the proposed facility;
4. Identification of relevant facilities and
resources which may be in the national interest, including potential
competition or conflicts among or between such facilities and resources;
and
5. Submission upon request of
the Council of complete and current copies of all engineering, design, safety,
environmental analyses, reports, tests, applications, approvals, licenses, and
decisions which have been submitted to or issued by any federal, state,
regional, or local agency in connection with the site or use.
6. Environmental description of each site and
its vicinity, including a review of significant land, air, and water use;
ecology; geology; hydrology; meteorology;
7. Environmental analysis of construction
impact;
8. Environmental analysis
of facility operation including land, air and water use ecological impact; heat
dissipation; waste, chemical, and biocide discharge; health and safety; visual
and aesthetic impact; decommissioning; and
9. Socioeconomic impact analysis including
measures to mitigate adverse impact during construction, operation, and
decommissioning;
10. Summary
analysis of all measures to be taken to comply with land, air, and water use
and ecological standards, policies, regulations, bylaws, and statutes of the
Commonwealth and its political subdivisions.
(c) The environmental evaluation must be site
specific but may be premised upon standard facility design parameters rather
than upon specific facility design. The evaluation must be substantively
complete before formal review of a proposed facility will begin. The analysis
may employ secondary sources such as existing studies and reports completed by
public or private agencies. All studies, reports, and analyses employed in the
preparation of the evaluation and comparison are to be provided to the Siting
Council.
(d) The Siting Council may
waive or modify the requirements of this rule in the case of:
1. a proposed facility which is ancillary to
an existing use and which does not substantially alter the environmental impact
at the primary site;
2. a
transmission or pipeline facility which is proposed to be sited within an
existing and currently used corridor;
3. an oil or gas storage facility with a
capacity which does not exceed 50,000 gallons and which is proposed for an
existing and currently used site.
(e) The primary site will be the lead company
or petitioner's preferred site unless the Council determines that an altemative
site is superior on the basis of the evaluation and comparison and applicable
environmental laws, regulations, and policies including those of the
Massachusetts Coastal Zone Management Program.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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