reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.21 - Surface Water Drinking Supplies and Resource Protection

Current through Register 1525, July 5, 2024
(1)
Exclusion
			 Criteria.
(a)
Class
			 A Water Supplies
. Exclude any site where the probable waste
			 management area would be located within the watershed of a Class A public
			 surface drinking water supply as defined in
			 314 CMR
			 4.05(3)(a).
(b)
Class B Public Drinking Water
			 Supplies
. Exclude any site where the probable waste management
			 area will be located within any of the following area of a Class B public
			 surface drinking water supply as defined in
			 314 CMR
			 4.05(3)(b): 400 feet from
			 the 100 year flood plain elevation extending ½ mile upgradient from the
			 supply intake and extending 200 feet downgradient from the supply intake or to
			 the physical spillway, whichever downgradient distance is less.
(c)
Flood Plain,100
			 year
. Exclude any site in which the probable waste management area
			 would be within any 100 year flood plain.
(d)
Wetlands
.
			 Exclude sites where the probable waste management area would be located within
			 100 feet of a resource area protected by the Wetlands Protection Act, M.G.L.
			 c.131,§ 40 and
			 310 CMR
			 10.00.
(e)
Poor Draining Areas
. Exclude from the site any land
			 that does not drain well and is subject to periodic flooding or frequent
			 ponding.
(f)
Runoff
			 Retention
. Exclude from the site upland drainage areas which, due
			 to their size, geometry, and surface characteristics, are unable by natural
			 drainage patterns and normal engineering drainage controls to reliably channel
			 the surface runoff expected from a statistical 100 year precipitation event
			 without significantly eroding or inundating the probable waste management
			 area.
(g)
Coastal High
			 Hazard Zones
. Exclude sites in coastal high hazard
			 zones.
(h)
Dams
. Exclude sites in areas subject to inundation by
			 the failure of an existing dam.
(i)
Surface Water Discharges.
Exclude sites in which a
			 hydrogeologic unit within the probable waste management area discharges
			 groundwater to the surface within the site.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.22 - Tectonic Processes

Current through Register 1525, July 5, 2024
(1)
Exclusion Criteria.
Tectonic Processes
. Exclude sites
				where tectonic processes in the vicinity, such as faulting, folding, seismic
				activity or volcanism are reasonably likely to adversely affect the ability of
				the probable waste management area to meet DPH performance obectives or
				preclude adequate modeling and prediction of long term impacts.
(2)
Preference
			 Criteria
.
(a)
Earthquake History
. Prefer sites further away than
			 three miles from the epicenter of an earthquake which occurred within the last
			 300 years and which would measure four or more on the Richter magnitude or
			 equivalent scale or Modified Mercalli Intensity V, over sites which are closer
			 to such epicenter.
(b)
Minimizing Potential Tectonic Effects
. Prefer sites
			 with a lower potential for adverse effects from local or regional tectonic
			 activity, over sites with a higher potential.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.23 - Surface Geologic Processes

Current through Register 1525, July 5, 2024
(1)
Exclusion Criteria.
(a)
Surface Geologic
			 Process.
Exclude sites where the probable waste management area
			 would be located in the vicinity of surface geologic processes such as mass
			 wasting, erosion, slumping, landsliding, which occur with such frequency and
			 extent that such events would be reasonably likely to adversely affect the
			 ability of the site to meet any DPH performance objectives or preclude adequate
			 modeling and prediction of long term impacts.
(b)
Slope
. Exclude
			 sites where the probable waste management area would have an average slope
			 greater than 20%.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.24 - Demography

Current through Register 1525, July 5, 2024
(1)
Exclusion
			 Criteria.
(a)
Effect
			 on Facility Performance
. Exclude sites where the existing
			 population density, projected population growth or future development in the
			 vicinity of the site is reasonably likely to interfere with the ability of the
			 facility to meet DPH performance objectives.
(b)
Proximity to Sensitive
			 Population Locations
. Exclude sites where the probable waste
			 management area would be located in proximity to sensitive population locations
			 as a result of which:
1. It is reasonably
			 likely that the site will not be able to meet the DPH performance objectives;
			 or
2. The exposure to radiation or
			 toxic materials, if mixed waste is to be accepted at the site, which a member
			 of the affected sensitive population is reasonably likely to receive in the
			 event of a release of radiation or hazardous waste from the site would result
			 in a significantly higher than normal risk of adverse effect on the health of
			 the sensitive population.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.25 - Site Size and Facility Compatibility

Current through Register 1525, July 5, 2024
(1)
Exclusion
			 Criteria.
(a)
DPH
			 Regulations
. Exclude sites that are insufficient in size to
			 contain a waste management area, a buffer zone and other facility
			 components.
(b)
Management Board Determination
. Exclude sites that are
			 insufficient in size to meet the minimum land areas determined by the Board to
			 be required for suitable facilities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.26 - Compliance with Department of Public Health Performance Objectives

Current through Register 1525, July 5, 2024
Exclusion Criteria
. Exclude sites
				which are not reasonably likely to meet DPH performance objectives based on a
				performance assessment that, at a minimum, incorporates the facility design
				standards of probable suitable technologies set forth at
				105 CMR
				120.815.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.27 - Meteorology and Climatology

Current through Register 1525, July 5, 2024
Preference Criteria.
Weather Patterns
. Prefer sites which
				are less likely to be subject to climatic and meteorological conditions which
				would adversely affect the ability of the site to meet DPH performance
				objectives over sites which are more likely to be subject to adverse weather
				conditions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.28 - Transportation

Current through Register 1525, July 5, 2024
(1)
Conditional Consideration
			 Criteria
.
(a)
Quality of Mode
. Consider sites that are not serviced
			 by highways or rail lines that meet applicable state and federal low-level
			 radioactive waste transportation laws and regulations on condition that the
			 mode to be used for delivery of waste to the site is able to be constructed or
			 otherwise upgraded to come into compliance with said laws or regulations prior
			 to construction of the facility.
(b)
Accidents and
			 Congestion.
Consider sites that are not serviced by sufficiently
			 safe or uncongested highways or rail lines on the condition that the mode to be
			 used for delivery of waste to the site is able to be constructed or otherwise
			 upgraded to achieve reductions to a level of safety and lack of congestion
			 necessary to adequately protect the public health and safety prior to
			 construction of the facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.29 - General Land Use

Current through Register 1525, July 5, 2024
(1)
Exclusion Criteria.
(a)
Incompatible Nearby
			 Activities
. Exclude sites where the probable location of the waste
			 management area in relation to nearby activities is reasonably likely to
			 adversely affect the ability of the site to meet DPH performance
			 objectives.
(b)
Interference with Monitoring
. Exclude sites where the
			 probable location of the waste management area in relation to nearby past or
			 present activities is reasonably likely to significantly impair the
			 environmental monitoring program including, without limitation, existing or
			 past activities or natural sources that emit radioactivity or release non-
			 radioactive material into the environment to the extent that it is reasonably
			 likely to adversely affect the ability of the environmental monitoring program
			 to detect or monitor the existence or magnitude of emissions or releases from
			 the facility or the site.
(c)
Agricultural Land
. Exclude sites located on prime
			 agricultural land based on soil classification established by the U.S. Soil
			 Conservation Services or on land designated as an agricultural incentive area
			 pursuant to M.G.L. c. 40L,§ 1
et seq
. on or before
			 December 31,1992.
(d)
Acquisition Potential
. Exclude sites to which the
			 Commonwealth cannot obtain title.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.30 - Air Quality

Current through Register 1525, July 5, 2024
Preference Criteria.
Adverse Impact Potential.
Prefer sites
				which have a lower potential for emissions from the construction or operation
				of a facility, over sites which have a higher potential to cause adverse
				impacts to air quality.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.31 - Protected Lands, species and Resources

Current through Register 1525, July 5, 2024
(1)
Exclusion Criteria.
(a)
Areas of Critical
			 Environmental Concern
. Exclude sites located in any area of
			 critical environmental concern designated pursuant to M.G.L. c. 21A,§
			 2(7), st. 1974,c. 808,§ 401(e) and
			 301 CMR
			 11.15.
(b)
Scenic Rivers and
			 Streams
. Exclude sites located in scenic and recreational rivers
			 and streams of the commonwealth" designated pursuant to
			 302 CMR 3.00;
(c)
Federally Protected
			 Resources
. Exclude sites that are reasonably likely to adversely
			 affect any national park, monument, lake shore, habitat of endangered species,
			 or area protected by the Wilderness Act,
			 16 USC §§
										1131 through
			 1136,
			 the Wild and Scenic Rivers Act, 16 USC §§ 1771 through 1287, and the
			 Fish and Wildlife Coordination Act, USC §§ 661 through 666c; or the
			 National Historic Preservation Act,
			 16 USC §§
										470 through
			 470m.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.40 - Application of Criteria Categories

Current through Register 1525, July 5, 2024
(1)
General
. There are three criteria categories under
			 which a site characteristic may be evaluated: exclusion, conditional
			 consideration and preference. A site characteristic may be included under more
			 than one category in which case it is evaluated based upon the standards of
			 review set forth at 310 CMR 43.40(2) through (4).
(2)
Exclusion
. An
			 exclusion characteristic eliminates a site from further consideration. A
			 superior site may not exhibit an exclusion characteristic.
(3)
Conditional
			 Consideration
. A conditional consideration characteristic does not
			 necessarily eliminate a site from consideration. A superior site may exhibit a
			 conditional consideration characteristic where the site meets the conditions
			 applicable to the criterion as follows:
(a)
			 The standards and/or modification required as a pre-condition for consideration
			 of the site either are able to be satisfied at the time of site selection or
			 are determined at the time of site selection to be reasonably likely to be able
			 to be satisfied before facility construction commences; or
(b) A site specific analysis demonstrates
			 that the potential adverse effect of off-site migration or of public exposure
			 to radioactivity which the criterion was intended to protect against will not
			 reasonably affect the ability of the site to meet DPH performance objectives or
			 that the criterion is inapplicable to the waste isolation capability of the
			 site or the facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.41 - Requirements for a Technically Superior Site

Current through Register 1525, July 5, 2024
(1) A site shall be considered to meet the
			 minimum qualifications to be selected as a superior site if, after detailed
			 site characterization conducted in accordance with
			 310 CMR 43.00 and the
			 applicable provisions of M.G.L. c. 111H, it satisfies all of the following
			 requirements:
(a) The site does not exhibit
			 any exclusion criterion;
(b) The
			 site does not exhibit any conditional criterion unless the requirements set
			 forth at
			 310 CMR
			 43.40(3)  are satisfied;
			 and
(c) A performance assessment
			 conducted in accordance with protocols approved by the Department of Public
			 Health, or other applicable state or federal regulatory agency having
			 jurisdiction over the licensing of a facility at the site demonstrates that the
			 site will meet DPH performance objectives.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.42 - General Guidance in Site Selection and Characterization Methodology

Current through Register 1525, July 5, 2024
(1) Except as may be otherwise expressly
			 provided in M.G.L. c. 111H or
			 310 CMR 43.00 the Board
			 should apply the standards, protocols, and procedures set forth in the most
			 recent applicable guidance documents on low-level radioactive waste management
			 facility site selection and characterization issued by or under the authority
			 of the Nuclear Regulatory Commission [ NRC ], the Department of Energy, the
			 Environmental Protection Agency or the Department of Public Health.
(2) Notwithstanding the provision of 310 CMR
			 43.42(1)(a), the Board may choose not to apply any standard, protocol or
			 procedure as set forth in the federal documents (federal measure) described in
			 said subsection provided the Board makes a finding and documents that:
(a) the federal measure is not applicable to
			 a site or waste management technology under consideration due to conditions
			 particular to Massachusetts or the site and substitute measures will provide
			 accurate and verifiable data necessary to determine that a superior site meets
			 the requirements of
			 310 CMR
			 43.41; or
(b) a standard, protocol, or procedure
			 proposed as a substitute for the federal measure will provide accurate and
			 verifiable data which is equivalent or superior to the data or analysis
			 intended to be provided by the federal measure.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.43 - General Guidance in Quality Assurance

Current through Register 1525, July 5, 2024
(1) At
			 each stage of the site evaluation process the Board shall develop and implement
			 a quality assurance [QA] program designed to ensure data reliability, validity,
			 traceability, retrievability, completeness and technical accuracy. The
			 requirements set forth at
			 310
			 CMR 43.42(1) and (2)
			 regarding the application of Nuclear Regulatory Commission and Department of
			 Energy guidance, shall also apply to development and implementation of a
			 quality assurance program The scope of the quality assurance program shall be
			 commensurate with the type of data being collected, the scope of the data
			 collection and the analysis required by the Act and the regulations at each
			 respective stage of the site screening process (4.63).
(2) The analytical map work performed in the
			 course of site selection shall be conducted by qualified professionals
			 experienced in the use of the GIS, or equivalent system if applicable, and
			 knowledgeable in the field of cartography. The collection and analysis of data
			 performed in support of the site screening and site characterization required
			 shall be conducted by qualified professionals experienced in the respective
			 fields of geology, soil science and soil engineering, hydrology, land use
			 studies, transportation, meteorology environmental engineering, civil
			 engineering, performance assessment, air modeling and monitoring and such other
			 related disciplines as are necessary to select a superior site. All field
			 mapping and surveying shall be conducted by a registered surveyor.
(3) The GIS and map work performed shall be
			 done in substantial accordance with professional standards or generally
			 accepted protocols and uniform procedures for the collection, analysis and
			 presentation of mappable data. A detailed procedure for digitizing map data
			 shall be developed to assure uniform performance and documentation of
			 digitizing activities. Software quality assurance plans shall be developed and
			 implemented to control verification and validation of the software packages
			 being utilized for GIS or equivalent activities. Where data are entered into
			 the GIS or equivalent system after the decision to initiate site selection, the
			 Board shall ensure that records be maintained that, at a minimum, contain the
			 name of person entering the data, the type and source of the data and the date
			 the data were entered.
(4) Records
			 of qualifications should be obtained for all persons employed in data gathering
			 and analysis, and said statements of qualifications should be maintained in the
			 Board's files.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.44 - Application Guidelines and Procedures for Use in Preparation of the Statewide Mapping and Screening Report

Current through Register 1525, July 5, 2024
(1)
Objective.
The objective of the Statewide Mapping and
			 Screening Report required to be issued under Section 20 of the Act is to
			 exclude at the outset of the site selection process any areas of the
			 Commonwealth that are obviously unable to satisfy the site selection criteria
			 contained in
			 310 CMR 43.00. The purpose of
			 310 CMR 43.44 is to provide guidance on how, at a minimum, the requirements for
			 a technically superior site pursuant to
			 310 CMR
			 43.41 are to be interpreted and applied for
			 the purposes of this report.
(2)
Date Collection and Evaluation.
(a) The Statewide Mapping and Screening
			 Report should identify those locations the Board determines are obviously
			 unsuitable as a superior site. The Statewide Mapping and Screening Report
			 should be prepared on the basis of data reasonably available on the date the
			 Board votes to initiate site selection, pursuant to M.GL. c. 111H,§ 17 ,
			 as may be obtained from public agencies, private not-for-profit land
			 conservation associations and the published open literature.
(b) Lack of uniform coverage of the
			 Commonwealth with respect to certain data should not be a cause to fail to use
			 data that are available.
(c) The
			 data collection and presentation should be limited to factors relevant to the
			 exclusion criteria. The factors to be applied may reflect land areas that are
			 of sufficient size and extent to be mapped on a statewide basis.
(d) The specific mapping accuracy should be
			 commensurate with the map scales employed and the accuracy of the data sets. As
			 a general matter the scale of the map should be consistent with the scale at
			 which the data were entered. The map scales employed should be in the range of
			 1:100,000 to 1:250,000.
(e) The
			 Board shall not be responsible to verify the accuracy of data provided by
			 federal and state agencies but it should identify the sources of all the data
			 and discuss the estimated quality of data and the sensitivity of the results to
			 data uncertainty and data gaps. The Board should specify that the boundaries of
			 included areas are defined with an accuracy that is commensurate with the map
			 scales and data sets used and may be subject to revision on the basis of more
			 detailed characterization.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.51 - Specific Guidance for the Application of Particular Conditions

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR
			 43.51 provides guidance on the application of particular conditions as part of
			 the preparation of the Report Identifying Possible Locations.
(2)
Potential Productive Aquifer-
			 310 CMR
			 43.20(1)(c)
The Board shall not consider for siting locations within the Zone II or Zone
			 III, as applicable, of future community water systems which have received
			 Department approval as a new source or have submitted the appropriate
			 documentation to the Department for a new source approval in accordance with
			 Department guidelines.
(3)
Depth to Water Table-
			 310 CMR
			 43.20(1)(g)
.
			 Depth to the water table may be inferred by considering, but not limited to,
			 any of the following: frequency and distribution of wetlands, location of
			 surface water bodies, elevation and topography, soil types and relevant well
			 drillers logs so long as:
(a) the rationale
			 for the method of inference is developed by responsible professionals
			 experienced in the hydrogeology and geology of Massachusetts; and
(b) the rationale is explained in the
			 report.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.61 - Specific Guidance for the Application of Particular Conditions

Current through Register 1525, July 5, 2024
(1)
General
. 310 CMR
			 43.61 provides guidance on the application of particular conditions as part of
			 the preparation of the Candidate Site Information Report.
(2)
Modeling Capability-
			 310 CMR
			 43.10.
(a) The depth to bedrock and the types of
			 soils at the surface and in the subsurface should be determined according to
			 accepted methods and principles. Hydrogeologic units should be delineated and
			 the direction and rate of groundwater movement should be estimated on the basis
			 of field data and quantitative models. Hydraulic conductivities should be
			 estimated on the basis of lithologic classifications and direct measurement.
			 Other characteristics, such as ground water discharge points, water table
			 fluctuation, moisture potential, moisture content, hydraulic conductivity,
			 porosity, geometry, boundary conditions and the physical and chemical
			 properties of the water should be evaluated on the basis of field surveys or
			 available data. The evaluation should also consider the results of
			 hydrogeologic modeling. In evaluating this criterion the following factors
			 should, at a minimum, be reviewed:
1. The
			 presence and extent of permeable and impermeable anomalies, variability and
			 complexity in the stratigraphic relationships and lithology of the site,
			 including, but not limited to, significantly fractured bedrock, faults, or
			 sand/gravel lenses/layers or buried river channels, which would complicate
			 monitoring.
2. The extent to which
			 the lateral flow of groundwater can be confidently predicted to flow to a
			 defined discharge point rather than to multiple surface water bodies or down
			 through bedrock;
3. The ability of
			 the site to be adequately described with a reasonable number of monitoring
			 points;
4. The presence or absence
			 of upgradient, potentially leachable radioactive material.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.62 - Quality Assurance Requirements

Current through Register 1525, July 5, 2024
(1) In
			 addition to the general requirements set forth at
			 310 CMR
			 43.43, the Candidate Site Identification
			 Report should be prepared in accordance with the following quality assurance
			 requirements:
(a) The quality assurance
			 program should specify the structure of the organization performing the work,
			 the division of responsibilities, and the location of project personnel with in
			 the organization. Persons responsible for the implementation or oversight of
			 the quality assurance program and for technical oversight, review and approval
			 should also be indicated on the organization chart.
(b) The quality assurance program should
			 include procedures to ensure quality in both the data acquisition and analysis
			 program(
e.g.
, sampling and testing methods, equipment
			 calibration, sample custody, verification and validation of models) and
			 information management
(e.g.,
data management, tracking of
			 changes, protection against transcription error). In general, procedures should
			 be included for every phase of work whose output has the potential to affect
			 the results of the investigations or the conclusions to be drawn from the
			 investigations.
(c) The quality
			 assurance program should provide for independent technical review,
			 verification, and approval by persons not directly involved in the performance
			 of the work.
(d) The quality
			 assurance program should provide for the ability to trace and audit all
			 calculations, analyses, deductions, inferences, and project data.
(e) The quality assurance program should
			 provide for internal reviews and audits to verify that the program is
			 functioning according to the written description.
(f) The quality assurance program should
			 provide a method for initiating corrective actions and verifying that they have
			 been implemented.
(g) The quality
			 assurance requirements of 310CMR 41.63 should apply to all data and analyses
			 used in the Candidate Site Identification Report, irrespective of whether such
			 data and analysis have been previously applied or accepted in connection with
			 the Statewide Mapping and Screening Report or the Report Identifying Possible
			 Locations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.70 - Application Guidelines and Procedures for Use in Preparation of the Detailed Site Characterization Report

Current through Register 1525, July 5, 2024
(1)
Objective
. The objective of a Detailed Site
			 Characterization Report is to provide a definitive evaluation of the merits of
			 a candidate site with respect to the requirements for a technically superior
			 site, as defined in
			 310 CMR
			 43.10, and to provide such additional site
			 data as may be required for any and all of the following: design of the
			 facility, evaluation of the facility with respect to the performance objectives
			 of the Department of Public Health, and provision of baseline environmental
			 data for subsequent comparisons with monitoring data, and use for related
			 purposes. The Site Characterization Report will be developed in response to a
			 detailed site characterization plan as specified in M.G.L. c. 111H,§ 23.
			 The purpose of 310 CMR 43.70 is to provide guidance on how the requirements for
			 a technically superior site are to be applied during this phase of
			 investigation and evaluation.
(2)
Data Collection and Evaluation Protocols.
(a) The Report should be prepared in
			 compliance with the provision of
			 310
			 CMR 43.42 regarding conformity with relevant
			 Nuclear Regulatory Commission and Department of Energy guidance documents
			 governing the characterization of low-level radioactive waste sites and the
			 site-related issues of the facility. Nothing herein should prevent the Board
			 from conducting further investigations and assessments as a result of the plan
			 developed in accordance with M.G.L. c. 111H,§20.
(b) The Report should be prepared in
			 compliance with the provisions of
			 310
			 CMR 43.60(2)  except to the
			 extent that said provisions are limited to the preliminary aspect of the prior
			 stage of data collection and analysis. Preliminary evaluations which were
			 commenced in connection with prior stages should be expanded in scope and level
			 of detail and accuracy, as necessary to comply with the regulations herein, and
			 completed.
(c) The Board may adopt
			 a reasonable but conservative sensitivity factor in conducting performance
			 assessments of the candidate sites for the purpose of determining whether a
			 candidate site can meet the DPH performance objectives and for comparing the
			 relative performance of candidate sites.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.71 - Specific Guidance for the Application of Particular Conditions

Current through Register 1525, July 5, 2024
(1)
Potential Productive
			 Aquifers-
			 310 CMR
			 43.20(1)(c)
.
			 Sites located over potential productive aquifers should be eliminated unless
			 the Department has determined that the potential source is not qualified for
			 development.
(2)
Existing and Potential Private Drinking Water Sources-
			 310 CMR
			 43.20(1)(d) and
			 (e).
Based on a complete
			 characterization of the site and the surrounding existing and potential water
			 uses, Zones of Contribution studies should be conducted on private drinking
			 water sources with a reasonable potential to be adversely affected by the
			 siting of a low-level radioactive waste facility.
(3)
Water Table Depth-
			 310 CMR
			 43.20(2)(b)
.
			 Final determination on depth to the water table should be based on a minimum of
			 a full year of quarterly sampling data.
(4)
Minimizing Violations of
			 Water Quality Standards
			 310 CMR
			 43.21(3)(a).
Compliance with this criterion will be determined based on the results of the
			 analytical and numerical hydraulic and hydrologic modeling of surface water of
			 surface water flow and transport.
(5)
Transportation-
			 310 CMR 43.28
. In addition to the analysis previously conducted to assess the
			 potential transportation risk , the Board may use a computer - based
			 transportation risk analysis. The analysis should consider reliance on the
			 risk-based guidelines for selecting preferred highway routes set forth in the
			 Code of Federal Regulations at 49 CFR 177.825.
(6)
Air Quality
			 310 CMR 43.30
. The potential adverse effects from construction shall be
			 evaluated in accordance with
			 310 CMR
			 7.00. The potential impacts from operation of the
			 facility should be evaluated as part of the performance assessment conducted in
			 accordance with
			 310 CMR 43.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Section 43.72 - Quality Assurance Requirements

Current through Register 1525, July 5, 2024
The quality assurance requirements for the development of a
				Site Characterization Report are the same as the requirements applicable to the
				development of the Candidate Site Identification Report, as set forth at 310
				CMR 43.63.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities › Appendix A

Current through Register 1525, July 5, 2024
(1)
MONUMENTS, HISTORIC SITES and
			 CONSERVATION AREAS
.
(a)
NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS
,
			 16 USC
			 §431, and all applicable
			 regulations.
(b)
HISTORIC SITES ACT
,
			 16 USC
			 §
										461, including, but not limited to, 36
			 CFR Parts 61, 1205, 1212; § 470h-2.(b)
et. seq
.
(c)
NATIONAL HISTORIC
			 PRESERVATION ACT
,
			 16 USC §
										470, including, but not limited to, 36 CFR
			 Ch.I § 60.00
et. seq
.
(d)
ARCHAEOLOGICAL RESOURCE
			 PROTECTION ACT
,
			 16 USC §
										470aa, including, but not limited to, 43 CFR
			 Subtitle A § 7.1 et.seq. Uniform Regulations and 36 CFR Ch. II Part 296
et. seq
.
(e)
THE ANTIQUITIES ACT
, 16 USC § 432-33, including,
			 but not limited to, 25 CFR 261.
(f)
CEMETERY ACT
, M.G.L. c. 114,§ 17 and M.G.L. c.
			 79,§ 79, including, but not limited to,
			 950 CMR
			 71.05.
(g)
MASSACHUSETTS ENVIRONMENTAL
			 POLICY ACT (MEPA)
, M.G.L. c. 30,§§ 61 and 62, and any
			 applicable regulations.
(h)
HISTORIC DISTRICTS ACT
, M.G.L. c. 40C, and any
			 applicable regulations.
(i)
STATE HIGHWAYS ACT
, M.G.L. c. 81 § 7M, and any
			 applicable regulations..
(j)
GENERAL PROVISIONS RELATIVE TO REAL PROPERTY
, M.G.L.
			 c. 184,§§ 31 and 32, and any applicable regulations.
(k)
MASSACHUSETTS HISTORICAL
			 COMMISSION ACT
, M.G.L. c. 9 §§26 through 28, including,
			 but not limited to,
			 950 CMR 71.00
et.
			 seq
.
(l)
WATERWAYS ACT
, M.G.L. c. 91,§ 63 and M.G.L. c.
			 6,§ 179
et. seq.
, including, but not limited to,
			 applicable
			 312 CMR 2.00
et.
			 seq
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.01 - Introduction

Current through Register 1525, July 5, 2024
The federal Clean Water Act amendments of 1987 authorized the
				Clean Water State Revolving Fund program to finance protection and improvement
				of water quality. The Massachusetts Clean Water State Revolving Fund (CWSRF)
				Program is a federal-state partnership that provides below-market-rate
				financing to assist municipalities in complying with federal and state water
				quality requirements. The CWSRF Program is jointly administered through the
				Clean Water Trust by the Commissioner of the Department of Environmental
				Protection (Department), the State Treasurer, and the Secretary of Energy and
				Environmental Affairs pursuant to M.G.L. c. 29C, § 2. Every summer, the
				Department solicits projects from Massachusetts municipalities and wastewater
				districts for consideration for subsidized State Revolving Fund (SRF) loans.
				The current standard subsidy is provided
via
a 2% interest,
				20-year loan, but there are opportunities for some projects to receive 30 year
				loans, or lower interest rates. The SRF Program continues to emphasize public
				health needs and watershed management priorities. A major goal is to provide
				incentives to communities to undertake projects with meaningful water quality
				and public health benefits and which address the needs of the communities and
				the watersheds. After evaluating the project requests submitted in response to
				the annual solicitation, the Department develops a list of projects eligible to
				receive financial assistance. From this annual list, and on the basis of
				projects' readiness to proceed and priority rating, the Department assigns
				projects to a fundable list called the Intended Use Plan Project Listing (IUP).
				Projects placed on the IUP are eligible to apply for financing in the coming
				year, with the total cost of all projects on the IUP not to exceed the amount
				of funding available for that year. To qualify for placement on the IUP, a
				project must have a high enough ranking, have received a local funding
				appropriation or be scheduled for funding appropriation by June
				30th of the coming year, and the applicant must be
				able to file a complete loan application no later than October
				15th of the coming year.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.02 - Purpose

Current through Register 1525, July 5, 2024
310 CMR 44.00 implements the
				CWSRF Program. Under federal and state law, the primary purpose of the CWSRF
				Program is to provide financing for eligible projects to protect and promote
				the health, safety, and welfare of the inhabitants of the state.
				310 CMR 44.00 sets forth the
				Department's authority and responsibilities to select, approve and regulate
				water pollution abatement projects receiving financial assistance under the SRF
				Program. The Department may issue supplemental policies, guidelines, guidance
				documents and/or administrative procedures to assist in the implementation and
				administration of
				310 CMR
				44.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.05 - Priority System

Current through Register 1525, July 5, 2024
(1)
Establishment of Calendar Year Priority List
.
(a) Prior to the beginning of each calendar
			 year, the Department shall establish a single, annual list of projects
			 prioritized to receive financial assistance pursuant to
			 310 CMR 44.00. The Department
			 will prioritize projects in the order of their numerical rating, as determined
			 by the Department based on the proponent's responses to questions in the
			 Project Evaluation Form. For the purpose of prioritizing projects financed
			 under the Community Septic Management Program, which has its own legislatively
			 dedicated funding allotment, the Department may distinguish the priority and
			 the funding status of Community Septic Management Program projects from other
			 projects on the priority list.
(b)
			 In establishing the priority list, the Department may require Local
			 Governmental Units to submit a Project Evaluation Form containing information
			 deemed necessary by the Department for project evaluation, including but not
			 limited to, information which addresses the proposed project's compliance with
			 the Intended Use Plan Project Listing criteria in
			 310 CMR 44.03(2)
			  and the Project Selection Criteria in
			 310 CMR
			 44.06. The Department may establish a
			 reasonable deadline for its receipt of such information, and may decline to
			 evaluate and prioritize a project if the Department determines that the Local
			 Governmental Unit has failed to provide sufficient information.
(c) Prior to adopting the priority list, the
			 Department shall conduct a public hearing to receive and consider public
			 comment on the proposed list. The Department will ensure that notice of the
			 public hearing will be published in one or more newspapers of general
			 circulation 30 days prior to the date of the hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.06 - Project Selection Criteria

Current through Register 1525, July 5, 2024
(1)
			 Except as provided for in 310 CMR 44.06(2) through (4), the Department will use
			 the evaluation criteria in 310 CMR 44.06(1)(a) and (b) to determine a project's
			 priority and ranking on the calendar year priority list. The Department,
			 through written guidance, will assign a numerical point range to each of the
			 evaluation criteria in 310 CMR 44.06(1) which will be used to further determine
			 a project's ranking on the priority list.
(a)
Environmental Criteria
.
1. The extent to which the project will
			 eliminate or mitigate a risk to public health. Relevant factors to consider may
			 include but are not limited to:
a. The extent
			 to which the project is needed to improve, restore or protect a public or
			 private drinking water supply.
b.
			 The size and character of the population threatened or negatively impacted by
			 the identified risk to public health (
e.g
., users of a
			 community public water system, owners of private wells, the number of children,
			 the elderly, persons with pre-existing health risks), and the extent to which
			 the project will eliminate or mitigate the public health risk to the identified
			 population.
c. The extent to which
			 the project will eliminate or mitigate a public health hazard or public
			 nuisance, as determined by the local health authority and/or the Department
			 (
e.g
., sewerage surcharging; failed
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5: Standard Requirements for the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of Septage
systems).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.08 - Eligible Project Costs

Current through Register 1525, July 5, 2024
(1) Costs which the
			 Department determines are necessary for the completion of the project are
			 eligible for financing in the loan and to receive a subsidy under the
			 loan.
(2) Costs which the
			 Department determines are not necessary for completion of the project are
			 ineligible for financing in the loan.
(3) The Department will base its eligible
			 project cost determinations on its "Policy on Eligible Project Costs", which
			 identifies the specific types of costs that are within the two categories under
			 310
			 CMR 44.08(1) and
			 (2).
(4) Project costs incurred by an applicant
			 prior to the date of issuance of the Department's project approval certificate
			 are not eligible for a subsidy under the loan, except as follows:
(a) Preliminary engineering, comprehensive
			 wastewater management planning, design or related professional services and
			 construction work, may be approved by the Department prior to the issuance of a
			 project approval certificate as project costs eligible for subsidy if:
1. the applicant has submitted a written and
			 adequately substantiated request for approval;
2. written approval by the Department is
			 obtained before initiation of the project and award of any loan for the
			 project; and
3. the project is
			 included and maintains its status on the current calendar year priority
			 list.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.09 - Planning Requirements

Current through Register 1525, July 5, 2024
(1)
Introduction
. 310 CMR 44.09 addresses requirements
			 related to planning. 310 CMR 44.09 requires a Local Governmental Unit to
			 demonstrate that its proposed SRF project is consistent with existing state,
			 regional and local water resource and wastewater planning requirements. The
			 Department's
Guide to Water Resource Management Planning
identifies three levels of planning (Project Evaluation or Engineering Reports,
			 CWMPs and Integrated Water Resource Management Plans) which may be used to
			 evaluate different types of SRF projects. Unless determined otherwise by the
			 Department, Comprehensive Wastewater Management Plans or Integrated Water
			 Resource Management Plans are required only for controversial or complex
			 wastewater projects. Unless otherwise determined by the Department, a less
			 comprehensive report, the Project Evaluation Report or Engineering Report, is
			 required for all other wastewater projects eligible for financial assistance
			 from the SRF.
(2)
Consistency of SRF Projects with Water Resource and Wastewater
			 Planning Requirements
.
(a) As
			 provided in M.G.L. c. 21, § 27A(d), a Local Governmental Unit applying for
			 assistance from the Trust must demonstrate that its project is consistent with
			 existing state, regional and local water resource and wastewater planning
			 requirements, including but not limited to:
1.
			 river basin water quality plans pursuant to § 303(e) of the CWA, 33 U.S.C.
			 § 1313;
2. nonpoint source
			 management plans pursuant to § 319 of the CWA, 33 U.S.C. §
			 1329;
3. estuaries management plans
			 pursuant to § 320 of the CWA, 33 U.S.C. § 1330;
4. local water resource management plans
			 pursuant to policies of the Water Resources Commission;
5. water emergency planning pursuant to
			 M.G.L. c. 21G; and
6. areawide
			 waste treatment management plans approved by EPA pursuant to § 208 of the
			 CWA, 33 U.S.C. § 1288.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 44.00 - Dep Selection, Approval and Regulation of Water Pollution Abatement Projects Receiving Financial Assistance from the State Revolving Fund › Section 44.10 - Environmental Review and Federal Cross-cutter Requirements

Current through Register 1525, July 5, 2024
(1)
Environmental Review
			 Requirements
.
(a) All projects
			 approved by the Department to receive a loan from the Trust shall, at a
			 minimum, comply with the requirements of MEPA and
			 301 CMR
			 11.00:
MEPA Regulations
. In addition,
			 a public hearing shall be held on the project if the Department determines that
			 the project is controversial, or if the Department otherwise determines that a
			 hearing is in the public interest. The Department may also require the Local
			 Governmental Unit to consider project alternatives and to provide the public an
			 opportunity to comment on such alternatives.
(b) Projects required to be the result of
			 comprehensive wastewater management planning, as provided in
			 310 CMR 44.09(2)(a) and
			 (3), shall also comply with the environmental
			 review and process requirements in the Department's Guide to Water Resource
			 Management Planning.