The following steps set forth the process for an Applicant to determine a Project’s Cumulative Impact and prepare a CIA Report.
- (1) For each Proposed Site or Route and Noticed Alternative Site or Route, as applicable, the Applicant shall determine the applicable SGA consistent with 980 CMR 15.05(1). If the SGA intersects a Burdened Area according to MES, the Applicant or Petitioner is required to conduct additional CIA review steps below. An applicant shall conduct a CIA for every noticed site or route that it intends to file with the EFSB with a petition to construct, an Application for a Consolidated Permit, or a project change in accordance with 980 CMR 1.09(13). There is no requirement that an Applicant conduct a CIA for every site or route that is under consideration for a Project, unless noticed.
- (2) If the proposed Project’s SGA does not intersect any Burdened Areas, no further CIA evaluation is necessary. However, a CEIF Project having an SGA that does not intersect a Burdened Area may be required to provide a Site Suitability Report, as applicable. See 980 CMR 15.10.
- (3) If any part of the Project’s SGA intersects one or more Burdened Area(s), the CIA must assess whether the Project imposes a Disproportionate Adverse Effect within each such Burdened Area, for each Elevated Indicator per 980 CMR 15.07.
(4) To determine whether a Disproportionate Adverse Effect may result from the Project, the Applicant shall evaluate the following for each Burdened Area intersecting the Project’s SGA:
- (a) Whether any of the Indicators are Elevated Indicators; and
- (b) If there are one or more Elevated Indicator(s), whether the Project is likely to materially exacerbate such Elevated Indicators. If the Project is likely to materially exacerbate one or more Elevated Indicator(s), the Project
is deemed to have a Disproportionate Adverse Effect for such Indicator(s), in one or more of the applicable Burdened Areas.
- (5) For a Project deemed to have a Disproportionate Adverse Effect, the Applicant must propose Remedial Actions that avoid, minimize, or mitigate such adverse effects.
- (6) The Applicant prepares a CIA Report that documents the above steps, as required, and submits the CIA Report as part of its CEIF Application or petition to construct a Facility to the Board. The Applicant shall share the results of its CIA Report with Key Stakeholders, as defined in 980 CMR 16.02: Definitions, during the Pre-filing Outreach Period in accordance with 980 CMR 16.04: Pre-filing Consultation and Engagement Requirements, and communicate with Key Stakeholders throughout the Board adjudication regarding the CIA Report.