980 C.M.R. 10.01 – General Provisions

(1) Scope and Purpose. 980 CMR 10.00 implements the Siting Council's statutory mandate under M.G.L. c. 164, § 69H, I, J and sets forth regulatory standards for the siting of intrastate liquefied natural gas (LNG) facilities proposed for construction in Massachusetts. 980 CMR 10.00 includes forecast data requirements and siting standards. The purpose of 980 CMR 10.00 is to ensure systematic review of information which is necessary for the Council's determination of need, cost, and acceptable environmental impact. 980 CMR 10.00 includes performance standards for thermal radiation and flammable vapor dispersion in the event of specified design accidents which define acceptable site size, radiation, and environmental impact. Requirements set forth in this chapter are in addition to requirements of 980 CMR 6.00, 7.00 and 9.00 of the Council's regulations. In the case ofconflict, 980 CMR 10.00 shall govern in the final instance. Nothing in 980 CMR 10.00 is to be construed as an infringement upon the authority of the Department of Public Utilities to assure safe and prudent design, construction, operation, and maintenance of LNG facilities. Where an applicant is required to obtain licensing or permit approval from the Council and the Department of Public Utilities, it is encouraged to seek joint review by these agencies.
(2) Definitions.
1. (a) General Definitions. As used in 980 CMR 10.00: Accepted Method of Calculation means a formula or technique which is specified in these guidelines or which has been approved by the Council through a rule making proceeding. Dike means a structure surrounding an LNG storage tank which may consist of natural geological formation, compacted earth, concrete, or other material and must be of sufficient size to contain a minimum of 150% of the maximum liquid content of the tank. Industrial Zone means an area zoned for industrial use or an unzoned area shown by the company to be currently used primarily for industry. Insulating Material means a substance which may be applied to the external wall of the storage tank and/or dike surfaces and whose properties will decrease the rate of vaporization in the event of a spill. Site means the area owned or controlled by the operator surrounding the LNG storage tank; has a minimum size equal to the greater of the required thermal protection zone or vapor dispersion exclusion zone. Thermal Protection Zone means an area which the operator owns or controls surrounding the LNG storage tank; this zone must be of sufficient size such that in the event of a fire resulting from a spill, thermal flux levels at the outer boundary may not exceed those specified in 980 CMR 10.00. Vapor Dispersion Exclusion Zone means an area which the operator owns or controls surrounding an LNG storage tank; this zone must be of sufficient size such that in the event of a spill, no flammable vapor having an average gas to air concentration of more than 2% will travel beyond the zone's outer boundary.
2. (b) Matrix Factor Definitions.
  1. 1. Capital Cost Factors Land Acquisition includes cost of acquiring land, land rights, permits, approvals and associated legal fees. Site Preparation includes soil testing, clearing, grading and underground piping, water supply, and electrical supply to the site.
  Structures and Improvements includes structures associated with LNG processing operations, fencing and roadways. LNG Processing Equipment includes the installed cost of equipment used to receive, liquefy, hold and regasify LNG for delivery into the operator's distribution system. LNG Transportation Facilities includes the initial cost of connecting mains and transportation equipment. Other Equipment includes measuring and regulatingequipment, compressor station equipment, communication equipment and equipment not assignable to any of the foregoing factors. 2. Annual Cost Factors Operating Expenses includes labor; expenses; materials and supplies for engineering, processing and transporting LNG; depreciation, gas purchases, fuel, power, property taxes and gas losses. Maintenance Expenses includes labor, expenses, materials and supplies for maintenance of land, structures and improvements, processing equipment, transportation facilities and other equipment. 3. Environmental Factors Ease of Acquisition includes information on number of parcels to be assembled, present land use, projected land use, number of land owners, type of land owner (governmental, corporate, private, etc.), estimated land value, current zoning. (Appropriate Data Source: Municipal tax map, Municipal zoning map) Climatology includes information on precipitation, temperature, and prevailing winds. (Appropriate Data Source: U.S. Weather Service Climatological Summary) Geology includes soil type, depth to bedrock, soil permeability, seismic design criteria. (Appropriate Data Source: U.S. Soil Conservation Service, U.S. Geological Survey) Hydrology includes permeability, depth to groundwater, location of surface water, location of aquifers, location of flood plains, water quality classifications of contiguous surface water. (Appropriate Data Source: U.S. Geological Survey Soil Conservation Service, Commonwealth of Massachusetts Department of Environmental Quality Engineering, U.S. Department of Housing and Urban Development Flood Plain Zoning Maps) Transportation Access includes verbal or pictorial description of primary access routes to proposed sites. (Appropriate Data Source: Massachusetts Department of Public Works, Town Maps, U.S. Geological Survey Quadrangle Maps) Ecological Sensitivity includes an estimate of the uniqueness of the area as a habitat, possibility of the presence of rare or endangered species of plants or animals resulting from a review of 50 CFR 17, the List of Endangered & Threatened Wildlife & Plants, estimate of the amount of site which will be permanently altered. (Appropriate Data Source: MacConnell Cover Maps, Massachusetts Department of Environmental Management, U.S. Fish & Wildlife Service) Socioeconomics includes projection of land use, expected property tax payments, employment opportunities, air quality and recreational opportunities both with and without the proposed projects. (Appropriate Data Source: Town zoning maps, Regional Planning Commissions, Office of State Planning, Air Pollution Control Districts, Massachusetts Regional Statistical Profiles, Massachusetts Department of Commerce) Special Resource Commitment includes description of any special resource which will be impacted by the proposed facility. (Appropriate Data Source: RegionalPlanningCommission) Other includes description of unique features of the site not covered by any of the other matrix factors.