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 1518, March 29, 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.
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