Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 10.00 - Siting Of Intrastate Liquefied Natural Gas Storage › Section 10.01 - General Provisions

Current through Register 1525, July 5, 2024
(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 Coimcil'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 of conflict,
				980 CMR 10.00 shall govem 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.
(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 rulemaking proceeding.
Dike
means a structure surrounding an
				LNG storage tank which may consist of natural geological foimation, 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 two
				percent will travel beyond the zone's outer boundary.
(b)
Matrix Factor
			 Definitions
.
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
				regulating equipment, 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 Sovirce: 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: Regional Planning Commission)
Other
includes description of unique
				features of the site not covered by any of the other matrix
				factors.