Code of Massachusetts Regulations
990 CMR - HAZARDOUS WASTE FACILITY SITE SAFETY COUNCIL
Title 990 CMR 10.00 - Project Impact Analysis
Section 10.02 - Preliminary Project Impact Report (PPIR)

Universal Citation: 990 MA Code of Regs 990.10

Current through Register 1531, September 27, 2024

(1) Preparation. The developer shall prepare a Preliminary Project Impact Report for each site under consideration, which shall be comprised of the following:

(a) a Draft Environmental Impact Report, pursuant to 301 CMR 10.00, and

(b) a Draft Socio-Economic Appendix, pursuant to 990 CMR 10.00.

(2) Content of Draft SEA. In addition to addressing those matters which the Council specifies in its scope, the Draft SEA shall include the following:

(a) a copy of the SENF filed with the Council;

(b) a copy of the scope issued by the Council; and

(c) a summary of the findings of the SEA.

(3) Timing of Distribution. Following the issuance of the specific scope of the Socio-Economic Appendix, pursuant to 990 CMR 10.01(6), the developer shall distribute the Preliminary Project Impact Report within:

(a) 180 days for a project of which the estimated cost is less than $25 million, or

(b) 270 days for a project of which the estimated cost is $25 million or more.

If the developer fails to distribute the Preliminary Project Impact Report within the time limit specified above, then the determination that the proposed project is feasible and deserving of state assistance shall automatically be rescinded.

(4) Extension of Time Limit. The time periods as set forth above will be automatically extended until the next regularly scheduled Council meeting in the event that a request for an extension is received by the Executive Secretary prior to the expiration of such time periods. Such request must be in writing from the developer or from the Chairman of the Local Assessment Committee of the applicable host community.

(a) At its next regularly scheduled Council meeting, the Council may either:
1. extend the time limit for distribution of an additional period of 90 days, or

2. decline to extend the time limit. In this case such time limit for distribution of the Preliminary Project Impact Reportshallbe automaticallyextended for a period of 30 days after the Council meeting at which such action is taken.

(b) In determining whether to extend the time limit, the Council shall, upon evidence submitted by the developer, consider:
1. whether the developer has made progress toward completion and submission of the PPIR, and

2. whethe r the developer can reasonably be expected to submit the PPIR prior to the expiration of the extension, and

3. the extent to which factors which the developer could not reasonably have anticipated have retarded the submission of a PPIR.

The Council may thereafter extend the time limits for additional periods of 90 days; such extension shall be determined in accordance with the standards for extension set forth in 990 CMR 10.02.

(5) Distribution and Notice. The developershall distribute the Preliminary Project Impact Report and anysupplements thereofto all persons to whom the Draft Environmental Impact Report must be sent pursuant to 301 CMR 10.00, and to the Notice of Intent Recipients.

The Executive Secretary shall request that the Secretary publish notice of the availability of the Draft SEA in the same manner as provided for an Environmental Impact Report pursuant to 301 CMR 10.00.

(6) Review and Comment. There shall be a review period of 30 days for public comment on the Draft SEA. Within21 Daysofthe close ofthe public comment period, the Council shall make one of the following determinations:

(a) that the Draft SEA, in its judgment, adequatelyevaluates those matters specified inthe scope issued by the Council pursuant to 990 CMR 10.01(6); or

(b) that the Draft SEA is not adequate in this respect, in which case the Council shall specify the additional information or analyses required to produce a Draft SEA which is adequate.

(7) Supplemental Analyses. Distribution and review of any supplemental analyses of socio-economic impacts which are required by the Council shall be subject to the requirements of 990 CMR 10.02(3) through (8).

(8) Announcement of Adequacy of Draft SEA. When the Council determines that the Draft SEA is adequate, it shall so notify the fo llowing:

(a) The developer,

(b) The appropriate local assessment committees, and

(c) The chief executive officers of host and abutting communities.

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