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2008 ENF FROM SEEA & BOH LETTER TO MEPAr 1 The Commonwealth of Massachusetts Egcutive Office of Energy andrEnvironmentafAffairs 100 Cambridge Street, Suite 900 ,a Boston, %4A 02114 DEVAL L. PATRICK Tel: (617)626-1000 GOVERNOR TIMOTHY P. MURRAY Fax: (617)626-1161 ht1p://VVVGV,mass.gov/envir LIEUTENANT GOVERNOR IAN A.BOWLES July 25, 2008 5EC.RETARY CERTIFICATE. OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS ON THE, ENVIRONMENTAL NOTIFICATION FORM PROJECT NAME Closure of the Sateen Landfill and Redevelopment of the Salem Transfer Station PROJECT MUNICIPALITY Salem PROJECT WATERSHED North Coastal EOF,A NUMBER 14261 PROJECT PROPONENTS City of Salem and Northside Carting, Inc. DATE NOTICED 1N MONITOR June 11, 2008 Pursuant to the Massachusetts Environmental Policy Act(G. L. c. 30, ss. 61-62H) and Section 11.06 of the MEPA regulations (301 CMR 11.00), 1 hereby determine that this project docs not require the preparation of an Environmental Impact Report(EIR). The project consists of closure of the Salem landfill and redevelopment of the transfer station,.includine an increase in ton cage at the transfer station from 100 tons per day to 400 tons per day. The.project includes demolition of the existing incinerator building,regrading and capping of the landfill, and construction of a pew, transfer station building. The proposed transfer station tell receive construction and demolition (C&D)debris, municipal solid waste, and comm:.rcial solid waste. 'fie project also, include relocation of the leaf and yard waste recycling area and a new paved access road to connect this area with the transfer station and Swampscott Road. Site improvements proposed in the Environmental Notification Form (ENF) include partici removal of the Forest River culvert and removal of debris from the Forest River- Envirottrnental impacts associated with the project include alteration of 1,200 linear feet . of Bank,450 square feet(st)of Bordering Vegetated Wetlands (B V W), 3,600 sf of Land Under water, and 157,000 sf of Riverfront Area. -Traffic impacts are estimated in the ENP at 54 new vehicle trips per day(for a total of 194 trips per day). The project does not meet or exceed thresholds for a mandatory EIR. The project is undergoing environmental review pursuant to Section 11.03(9)(b)(1)because it involves an increase.in capacity for storage,treatment or processing of 50 or more tons per day of solid waste. The proposed project will require a Solid Waste Permit from the Massachusetts 0 PrinlWE Recy Sb K EEA#14261 ENF Certificate July 25,2008 Department of Environmental Protection (MassDEP). The project requires a Minor Modification to Site Assignment from the City of Salem Board of Health and an Order of Conditions from the City of Salem Conservation Commission(and, on appeal only,a Superseding Order from MassDEP). The proponents are not seeking financial assistance from the Commonwealth. Therefore, MEPA jurisdiction applies to those aspects of the project within the subject matter of required state agency permits with the potential to cause Damage to the Environment as defined in the MEPA regulations. In this case, MEPA jurisdiction extends to solid waste,wetlands, land and stormwater. The ENF includes a description of the proposed project, an alternatives analysis, and a discussion of the project's consistency with the performance standards for Riverfront Area in the Wetlands Protection Act regulations(3 10 CMR 10.58(4)). The ENF also includes a Traffic Impact and Access Study, an Air Quality Modeling Report, and a Noise Impact Study.The proponents have committed in the ENF to the following measures to avoid and minimize,or mitigate environmental impacts: • Wetlands restoration at a 1:1 ratio; • Erosion and sedimentation controls; • Measures to reduce noise impacts; • Vehicle emission controls; • Transportation improvements: including site access modifications and, within one year of commencing transfer station operation, an evaluation of vehicle crash history and a review of signal timing, phasing and coordination along Highland Avenue(with recommendations to MassHighway for implementation as part of its proposed work in the area). MassDEP in its comment letter has expressed concern about waste materials exposed along the bank of Forest River below the water surface. The proponents should ensure that the riverbank area is designed to provide adequate stability to the bank and prevent erosion of waste materials(ash)to the environment. The proponents should consult with MassDEP to discuss any alterations in design that may be required. As noted by MassDEP in its comment letter, information on the exposed material was not available to MassDEP when it reviewed the Corrective Actions Alternative Analysis(CAAA)for the Salem landfill closure. MassDEP issued a conditional approval of the CAAA in April 2005. The proponents should redesign the stormwater management system as necessary to ensure compliance with the Stormwater Management regulations that went into effect January 2008. The system as proposed in the ENF does not comply with these regulations. The proponents should submit additional calculations and data to MassDEP to support the conclusion that the stormwater management system will meet applicable performance standards. I refer the proponents to the MassDEP comment letter for guidance on additional information to submit, which should include details of Best Management Practices(BMPs)and a long-term pollution prevention and pollution control plan. 2 EEA 914261 ENF Certificate July 25, 2008 The City of Salem Board of Health, in its comment letter, questioned whether the proposed building size will be adequate. The proponents should submit final designs for the transfer station to MassDEP and data to demonstrate that the building will be of adequate size to handle the proposed quantity of waste. MassDEP may require, as part of its approval of transfer station design,alteration to the location and/or size of the building to meet operational requirements, including but not limited to, providing adequate room for vehicles to be within the building during tipping. The proponents should provide additional detail in its submittal to MassDEP and to the Board of Health to demonstrate how odors, litter,dust, noise and other nuisance conditions will be avoided and minimized to protect sensitive receptors in the project area. The Traffic Impact and Access Study was prepared in consultation with the Massachusetts Highway Department (MassHighway) and the City of Salem. The study includes recommendations for intersection improvements along Highland Avenue to be incorporated as part of MassHighway's ongoing project in the area. The study concludes that the proposed transfer station will have minor impacts upon completion of the proposed improvements. The proponents should continue consultation with MassHighway to finalize plans for transportation improvements and to ensure that traffic impacts will be avoided and minimized or mitigated to the maximum extent feasible. The ENF includes a Noise Study with an analysis of potential noise impacts to the surrounding community. According to the ENF,the proposed project will be designed to operate in accordance with the MassDEP noise policy and air pollution control regulations (3 10 CMR 7.10). Noise levels are expected to increase by 3-4 decibels(dBA)at nearest residences and pure tone sounds associated with truck back-up alarms are expected to increase in duration by a total of approximately 15 minutes per day. The ENF indicates that the tipping floor building entrance will be situated towards Highland Avenue to reduce noise impacts to residences in the vicinity of the project. I expect that any additional noise mitigation requirements will be incorporated as appropriate into the state and local permits and approvals. The Air Quality Modeling Report included in the ENF was prepared in response to the Salem Board of Health request to analyze the impact of diesel truck emissions on residential areas in the vicinity of the project. The report indicates that the emissions associated with the project are below the National Ambient air Quality Standards (NAAQS)for particulate matter (PM2.5 and PM 10). I encourage the proponents to continue consultation with the Salem Board of Health and to respond to the Board's additional comments and requests for information as further detailed in its comment letter on the ENF. Several comment letters received expressed concern about the projects potential traffic, air quality and noise impacts. The proponents should re-evaluate the trip generation projections in light of the comments received and consult with the Board of Health to discuss any revisions in the traffic estimates as well as plans for internal traffic routing on-site to ensure safety among commercial vehicles and residents using the drop-off facilities. I note that the ENF includes a letter from the City of Salem Legal Department to the Salem Board of Health(dated September 13, 2007),which recommends air quality mitigation to 3 i EEA 414261 ENF Certificate July 25, 2008 be implemented by the proponents. The proponents have committed to the following measures to avoid and minimize air quality impacts associated with diesel emissions. • Retrofitting all vehicles used the site with new emissions control equipment; • Limiting hours of operation during commuting hours to reduce emissions during peak non-transfer station traffic; • Posting and enforcing anti-idling provisions in accordance with environmental regulations; • Use of misting facilities to help manage fugitive dust emissions during transfer station operations; and • Use of ventilation and air filtration equipment to significantly reduce dust emissions during operations. I expect that MassDEP and the Board of Health will incorporate any additional mitigation requirements as appropriate in any conditional approvals or permits issued. I also note that there will be additional opportunity for public comment during the Board of Health's site assignment review process. I have determined that the ENF has sufficiently defined the nature and general elements of the project and its potential impacts,and proposed measures to avoid and minimize or mitigate impacts. Based on review of the ENF and comments received, and consultation with state agencies, I am satisfied that the project as described in the ENF does not warrant the preparation of an EIR. The proposed project may proceed to state permittin . July 25,2008 DATE Ian A. OrMles, Seefeiary Comments Received: 7/14/08 Salem Board of Health 7/15/08 Department of Environmental Protection,Northeast Regional Office 7/15/08 Charles M. Puleo 7/15/08 Steven A. Pinto, Councillor at Large and Paul C. Prevey, Councillor Ward 6 7/15/08 Joan B. Lovely,Councillor at Large 7/24/08 BETA Group, Inc. (response to comments on behalf of the proponents) Form Letters: 54 IAB/AE/ae 4 v��coxar� CITY OF SALEM, MASSACHUSETTS }" BOARD OF HEALTH p 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745.0343 KIMBERLCY DRISCOLL JSCOTT@SALEM.COM MAYOR JOANNE SCOTT HEALTH AGENT July 9, 2008 Massachusetts Executive Office of Environmental Affairs MEPA Office 100 Cambridge Street, Suite 900 Boston, MA 021.14 Attn.: Mr. Richard Bourre Acting Director Re: City of Salem-Transfer Station Expansion Environmental Notification Form-Public Comment Dear Mr. Bourre, As you know, the Salem Board of Health will be asked to act on an application to increase the amount of solid waste permitted at the Salem Transfer Station from 100 to 400 tons per day. The original approval of this site as an incinerator was given by the Board of Health in 1960. At that time, Swampscott Road had very few businesses or nearby residents and there was a minimal review process. Now there are several residents within 500 feet, more businesses including a multi-pump gas station, and the proposition of changing from a mainly C&D/Commercial Solid Waste facility to a mixed C&D/MSW/Commercial Solid Waste facility. After reviewing the ENF submitted by the City of Salem/Northside Carting, the Salem Board of Health has several questions regarding: the proposed size of the expanded transfer station; the building design; waste water generation; and traffic data which effects the traffic impact study, the draft air-quality study, and the noise study. Is this project subject to an EIR pursuant to Section 11.03 (9) (a) of the MEPA regulations because it will create new capacity of 150 or more TPD for processing and disposal of solid waste? 1 Is this project using industrial revenue bonds so that the Board of Health and DEP would not be able to rescind the permit for any reason? As a reference to best practice, the Board used both: EPA's "Waste Transfer Stations:A Manual for Decision-Making", June 2002. DEP's "Guidance for Conducting Facility Impact Assessment for Solid Waste Site Assignment", revised: March 22, 2006. ENF Size of Project, pg. 2 The stated gross square footage of the proposed building is 7500sf. Best practice, according to EPA, uses this useful exercise in calculating how much tipping floor space a facility would require to store a full day's waste in case of extreme emergency. 4,OOOsq.ft + (400 TPD x 20sq. ft/ton) = N 4,000sq.ft+8,000= 12,000sq. ft needed tipping floor vs. Proposed tipping floor of 5,328 SF. According to the EPA, a 400 TPD facility would require a 12,000 sq. ft tipping floor. The total size of this proposed building is half the size of the EPA's recommended size of a tipping floor for a 400 TPD facility. As stated in ENF Attachment H Letter from City Solicitor dated 9/13/07, the TPD can be as high as 500 TPD. A 500 TPD tipping floor calculation would need to be 14,000 sq. ft. Best Practice calls for a building with a minimum of 35,000 to 40,000 sq. ft to accommodate 400-500 TPD. Additionally, a building less than 10,000 SF allows this project to bypass the usual review by the-City's Planning Board and the resultant protections for the immediate sensitive receptors and the community along the truck route. Although, mentioned in the ENF pg.6 is the City's Design and Review Board (DRB), DRB's is an advisory board reporting to both Salem Redevelopment Board and the Planning Board. Their concentration is the design of a building, not parking, traffic flow etc. while the Planning Board looks at all aspects of a project. The BOH is not aware of any project outside of downtown (Urban Renewal Area) that necessitated the review by the DRB and not the Planning Board. 2 ENF Construction of New Transfer Station pg. 3 When looking at the Attachment J Progress Set of Drawings A4.1 the dimensions of the proposed building are 97'8"x 74'6" 98x75= 7350SF. This is 150 SF less than the stated 7500 SF building. Every SF for this type of project is essential. It states The proposed new transfer station will include an enclosed metal building". An enclosed building with this SF can only occur when the facility is not operational. During operation the two garage doors will be open which will generate odors, litter, dust, noise, and vectors which will have an impact on the surrounding neighborhood and streets. Design of an urban transfer station needs to employ a combination of planning, design, and operating practices to help minimize impacts upon the surrounding community. A residential area is within 235 ft of this proposed transfer station and a Day Care play yard is within 518.75 ft. It was stated at the Conservation Commission public hearing that NSC is intending to do a land exchange with the adjacent property owner which will then extend the sensitive receptors margin to include 8 more residential dwellings. To protect sensitive receptors, design may require roll-up doorways that would only be opened to allow trucks to enter and exit. Noise The Noise report states that back-up alarms will not operate continuously during the day. However, given the small size of the building, the trucks will need to maneuver forward and backward continuously during their operation, resulting in frequent backing up. The report states that a "pure tone" condition will be created. Will this condition cause a noise nuisance for the closest residents? Odor The plan calls for a composting area. Will this include windrows so that odor nuisances will be avoided? Direct Dump Design Will trucks pull into the building and directly dump into waiting transfer trucks below or will there be sorting and recycling? In the Noise Impact Assessment Study, the transfer station is referred to as a "recycling facility"with "front-end loaders used to move materials, occurring inside the tipping floor." However, elsewhere there is a direct dumping description. Sorting, recycling, or segregating may call for a larger tipping floor and building. Is segregating and sorting required as part of the waste ban? 3 The EPA delineates some concerns regarding the disadvantages of direct dump into transfer vehicle as follows: -Transfer station cannot accept waste unless a trailer is positioned to receive waste. (shortage of empty trailers shuts down facility). -No short tem? storage (surge capacity) to accommodate peak inflow periods causing long customer queuing can be expected during peak inflow periods. -Relatively low payloads in trailers. -Fall hazard -limited ability to screen and remove unacceptable waste. -No opportunity for waste diversion or materials recovery Trailer can be damaged by direct dumping of heavy materials, therefore causing long customer queuing. It is important that these concerns be addressed prior to construction with solutions outlined in the application. ENF Traffic pg. 2 External The Traffic Impact and Access Study (Vanasse &Associates, Inc. 12/2007) - pg, 15 states: ".Based on information provided by Northside Carting, the proposed expansion is expected to result in an additional 54 vehicle trips on a average weekday over existing conditions, with 6 additional vehicle trips during both the weekday am &pm peak hours. The majority of these trips will be trucks and of the same composition (type & size) as those currently servicing the facility." The stated average Weekday Daily total trips are 140. This number is not consistent with what NSC has reported to the DEP. in addition there is no comparison to the type of vehicles that are currently using this site to the type of vehicles which will be using this site after this proposed expansion. ENF Attachment H Letter from City Solicitor under traffic Ms. Rennard states "...due to the size of the current vehicles that utilize the transfer station (cars, pickups and small dump)'. Currently there are no 10-12 ton diesel trash trucks entering/exiting the site, nor are there 48 21 ton load diesel trucks entering/exiting this site. Currently the transfer station only accepts C&D and yard waste, averaging 65 TPD (see scale records below). With the expansion, this transfer station will be accepting C&D, MSW and yard waste, averaging 400-500 TPD. 4 In order to safely facilitate the transfer of 400-50OTPD the number of 12-21 ton vehicles is obtained by using the following calculation: _Rear Loading Garbage Compacter Collection Trude - averages 10-12 tons of trash/per truck based on 12 ton load 450 TPD = 12 ton load = 38 trips or 76 round trips 500 TPD x- 12 ton load =42 trips or 84 round trips 18 wheel Hauling truck averages 21 tons/truck - based on a 21 ton load 500 TPD_21 ton load =24 trips or 48 round trips (60-70 foot diesel trucks) 400 TPD = 76 collection trips + 48 hauling trips = 124 total combined Diesel truck trips. This number seems low compared to the 340 trips anticipated at a North Andover Transfer Station with a 650 tpd capacity. 124 =8 = 16 trucks per hour every 3.75 minutes truck entering/exiting site 500 TPD = 84 collection trips + 48 hauling trips = 132 total combined Diesel truck trips 132+8 = 17 trucks per hour every 3.5 minutes truck is entering/exiting site This is not including the small vehicles (1 ton) that could equal 50 trips per day It is best to project maximum volumes. The following are NSC's scale records on file at the DEP (public information) 2006-51.6 TPD 2005-74 TPD 2004--72 TPD 2003-73 TPD Even though the transfer station is permitted for 100 TPD it has not reach this figure in the past 5 or greater years. Currently, this facility may be better defined as a community convenience center. No portion of its waste is directly from collection vehicles. 5 Consequently, an increase from an average of 65 TPD to 400-500 TPD is a 700% increase in activity at this site and a 700% increase in the type of heavy truck traffic in the immediate area where there are >40 sensitive receptors. Swampscott Road is a 2 lane road with no room to be expanded. A slight back up in queuing on site could cause trucks to block this 2 lane road and negatively impact an already congested intersection. Re-timing of the lights will not produce an increase in the flow of traffic in this situation. The above calculations for a 400-500 TPD describes the entering/exiting of one of these 12-21 ton trucks (with lengths of 30-70 " every 3.75-3.5 minutes. As a result, if there is even a slight delay in the flow (at the tipping floor or scale area or a rejected load) this will force the queuing of these trucks to back up onto Swampscott Road causing severe traffic back up of traffic onto Rt. 107 and surrounding neighborhoods. Consequently, the Board questions the information in this traffic report regarding the type and number of heavy diesel trucks using the facility before and after the expansion. It is vitally important that the conclusions in the traffic study are sound since the air quality and noise studies are based upon the numbers in the traffic study. The accuracy of models to predict effects on traffic and air quality are dependent upon an accurate traffic study. Internal Traffic The Boards concerns relevant to internal traffic is the safety of the individuals using this site to dispose of their yard waste and using the same tipping floor as the commercial vehicles. Yard waste disposal will be located in back of the property, the portion of the site west of the Forest River. The road leading to this portion of the property will also be the same road traveled by the 70 ft. 18 wheeled 21 ton diesel trucks. This road according to the scale provided is approximately 15" wide. Any snow or debris on the ground would lessen this width. The EPA recommends that public unloading areas (tipping floor) and traffic be kept separate from commercial vehicles for safety and efficiency. ENF FIGURE-Proposed Site Plan There is only one entrance and exit for both small cars and trucks and the 12-21 ton trucks to use. The commingling of these entities raises safety questions: The north exit should have little use due to the many trucks having to be re-weighed on exiting. The EPA recommends that it is best to project maximum volumes. This plan also shows little queuing space on site during peak hours for 400-500 TPD and does not mention an off site waiting area. 6 This plan indicates that within 100 ft. of the north (exit only) driveway is an enter/exit driveway for an adjacent very busy 12 pump gas station and drive through bank. Could these be easily obstructed by trucks if there is a slight delay in the transfer process? ENF Attachment D Fact Sheet paA States Option 4 includes a construction of a new salt bam. The Board believes this to be outdated information. Its present proposed use is for yard waste. ENF Solid and Hazardous Waste Section pa. 14 D. If the project involves demolition, do any of the buildings to be demolished contain asbestos? NO ENF Attachment I Additional Information Conservation Commission pa.2 Question: Have the building materials, ash and other"suspect° materials inside the incinerator building and stack been sampled for hazardous residuals? Answer: The primary contaminants of concern include: asbestos containing building materials (roofing materials, wail panels, gaskets, duct insulation, mastics and floor tiles). Inappropriate handling and disposal of this asbestos concerns the Board given all the research and data on mesothelioma. ENF WaterMastewater pa.2 GPD wastewater generation/treatinent: Left blank There will be or should be other sources of waste water other than from storm water run off from the following locations: -Waste water from the handling of dust from vehicles and waste handling operations appeared to be omitted. -C&D generates more dust than MSW and therefore all trucks should be washed before they leave the transfer station to remove dust-generating dirt and debris. -Waste water from a misting system over the tipping floor area to knock down dust particles. -Waste water generated from daily washing down of the tipping floor to decrease odors. 7 1 Air Quality Modeling Report Prepared by Epsilon Associates, Inc. May, 2008 Pg. 2-1 states an air quality dispersion modeling was conducted for the existing and proposed truck volumes with NSC. Presently only cars and small trucks enter this site. With this proposed expansion predominantly 10-21 ton vehicles will be using the facility. Figure 1 illustrates an out dated aerial view of the proposed site. In the spring of 2007 adjacent to the transfer station a busy 12 pump gas station opened. Even with vapor recovery systems, VOC's may be emitted from this multi-pump gas station. This would negatively affect the ambient air quality in the immediate vicinity of the transfer station and surrounding area. Pg. 2-2 states it used the most recent data obtained from EPA AIRS database for the years 2004-2006, however this data was collected prior to the opening in 2007 of the adjacent gas station. The Board's concern is the combination of the gas station's emissions of VOC's; emissions from heavy routine traffic; methane emissions from the land cap; the commuter rail train; a nearby junklauto salvage yard; Aggragate Industries; and Salem Hospital. These are in addition to the transfer station's external traffic emissions of particulates, carbon monoxide, other gases, airborne microbes, dust, etc on the air quality in the surrounding area which are not reflected in the air quality report. Health Impacts in Salem According to the Massachusetts Department of Public Health, the number of emergency room visits for asthma in 2005 by Salem residents exceeded that by Massachusetts residents as a whole by almost 12%. In addition, the prevalence of Lung and Bronchus Cancer in Salem men between 2000 and 2004 was 25% greater than that experienced by men as a whole in the state. Approximately one mile from the proposed transfer station these 124-132 (non-retrofitted) heavy diesel trucks pass by high school, elementary school, and junior high school yards where the most vulnerable of all the sensitive receptors (children) recreate, breathing deeply and rapidly as they partake in sports and play. 8 Thank you for the opportunity to comment on this important project that is currently before the Massachusetts Executive Office of Environmental Affairs and will be before the City of Salem's Board of Health soon. Regards, For the City of Salem Board of Health as voted on.July 8, 2008, 4o Q- Paulette Puleo Chairperson Cc: Mayor Kimberley Driscoll Aisling Eglington 9 ` 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 301 CMR 11.00: MEPA REGULATIONS Section 11.01: General Provisions 11.02: Definitions _ 11.03: Review Thresholds 11.04: Fail-Safe Review 11.05: ENF Preparation and Filing 11.06: ENF Review and Decision 11.07:' EIR Preparation and Filing 11.08: Elk Review and Decision 11.09: Special Review Procedures 11.10: Project Changes and Lapses of Time 11.11: Waivers 11.12: Agency Responsibilities and Section 61 Findings 11.13: Emergency Action 11.14: Legal Challenges 11.15: Public Notice and the Emiromental Monitor 11.16: Filing and Circulation 11.17: Transition Rules 1.01-. General Provisions —(1) Authority and Puunose. (a) General. 301 CMR 11.00 at seq. is promulgated to create a uniform system for compliance with the Massachusetts Environmental Policy Act,M.G.L.c.30,§§61 through 62H, inclusive (MEPA). The purpose of MEPA and 301 CMR 11.00 is to provide meaningful opportunities for public review of the potential environmental impacts of Projects for which Agency Action is required,and to assist each Agency in using(in addition to applying any other applicable statutory and regulatory standards and requirements)all feasible means to avoid Damage to the Environment or, to the extent Damage to the Environment cannot be avoided,to minimize and mitigate Damage to the Environment to the maximum extent practicable. (b) MEPA Review. MEPA review is an informal administrative process that is intended to involve any interested Agency or Person as well as the Proponent and each Participating Agency. The Secretary conducts NEPA review in response to one or more review documents prepared and filed by a Proponent The Secretary's decision that a review document is adequate or that thele has been other due compliance with MEPA and 301 CMR 11.00 means that the Proponent has adequately described and analyzed the Project and its alternatives,and assessed its potential environmental impacts and mitigation measures. A Participating Agency retains authority to fulfill its statutory and regulatory obligations in permitting or reviewing a Project that is subject to MEPA review,which does not itself result in any formal adjudicative decision approving or disapproving a Project. (c) MEPA and Agency Actions. MEPA review is intended to inform the Proponent and each Participating Agency, to maximize consistency between Agency Actions, and to facilitate coordination of all environmental and development review and permitting processes of the Commonwealth. it provides an opportunity in one or more review documents for the Proponent to identify required Agency Actions and describe and analyze how the Project complies with applicable regulatory standards and requirements. Each 'Participating Agency shall review the review documents and specify any aspects of the Project or issues regarding its Agency Action that require additional description or analysis (beyond that already provided in the review documents or any application for a Permit, Financial Assistance,or a Land Transfer)to enable it to take Agency Action on the Project or fulfill its obligations in accordance with M.G.L.c.30,§61. The Secretary may specify in the certificate on a review document any appropriate consultation by and between the Proponent and each Participating Agency and may hold informational meetings prior to or during MEPA review to ensure appropriate consultation. 6/16/98 (Effective 7/1/98) 301 CMR-75 i 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.01: continued (d) MEPA and Environmental Planning. MEPA review is intended to facilitate environmental planning for Projects requiring Agency Action, including an Ageney's programs,regulations,or policies. It enables the Proponent and each Participating Agency to consider the positive and negative, short-tam and long-term potential environmental impacts for all phases of a Project,and the cumulative impacts of the Project and any other Project or other work or activity in the immediate surroundings and region. It also enables j an Agency to consider the cumulative impacts of Projects requiring individual Agency Actions taken in accordance with each of its programs,regulations and policies that may not otherwise be subject to adequate MEPA review or that may have similar environmental impacts such that a common assessment may be necessary or appropriate. MEPA review can influence the planning and design of a program,regulations,policy,or other Project to enable an Agency so to achieve these goals, provided that MEPA review is initiated sufficiently early and in any event prior to the Proponent finalizing or otherwise irreversibly committing to the program,regulations,policy,or other Project. (2) Aoolicability. (a) Jurisdiction. 1. MEPA establishes jurisdiction over. a Project undertaken by an Agency; those aspects ofATroject within the subject matter of any required Permit;a Project involving Financial Assistance;and those aspects of a Project within the area of any Land Transfer. MEPA jurisdiotion determines the Scope,if an EIR is required. 2. MEPA jurisdiction is broad when a Project is undertaken by an Agency or involves Financial Assistance. Broad,or full scope,jurisdiction means that the Scope,if an EIR is required,shall extend to all aspects of a Project that are likely,directly or indirectly, to cause Damage to the Environment 3. MEPA jurisdiction is limited whew a Project is undertaken by a Person and requires one or more Permits or involves a Land Transfer but does not involve Financial Assistance. Limited,or subject matter,jurisdiction means that the Scope,if an EIR is required,shall be limited to those aspects of the Project within the subject matter of any required Permit or within the area subject to a Land Transfer that are likely,directly or indirectly,to cause Damage to the Environment Subject matter jurisdiction may be ,J functionally equivalent to full scope jurisdiction in the case of a Project,for example, requiring a Chapter 91 License or involving a Land Transfer of the entire Project site. Subject matter jurisdiction may be limited to a particular structure,facility or activity and its direct and indirect environmental impacts in the case of a Project, for example, requiting a Sewer Extension/Connection Permit or involving a Land Transfer of a discrete portion of the Project site on which the access roadway is proposed. (b) Review Thresholds. 1. 301 CMR 11.00 establishes review thresholds that identify categories of Projects or aspects thereof of a nature,size or location that are likely,directly or indirectly,to cause Damage to the Environment Except when the Secretary requires fail-safe review,the review thresholds determine whether MEPA review is required. 2. MEPA review is requited when one or more review thresholds are met or exceeded and the subject matter of at least one review threshold is within MEPA jurisdiction. A review dm--Iwld that is met or exceeded specifies whether MEPA review shall consist of an ENE and a mandatory EIR or of an EMF and other MEPA review if the Secretary so requires. The subject matter of a reviewthresholds within MEPA jurisdiction when there is full-scope jurisdiction(f.e.,the Project is undertaken by an Agency or involves Financial Assistance)or when the subject matter of the review threshold is conceptually orphysica4 related to the subject matter of one or more required Permits(provided that the review thresholds for Land and Areas of Critical Environmental Concern shall be considered to be related to the subject matter of any required Permit)or the area subject to a Land Transfer. 3. The review thresholds do not apply to: a lawfully existing structure,facility or activity;Routine Maintenance;a Replacement Project;or a Project that is consistent with a Special Review Procedure review document,or other plan or document that has been prepared with the express purpose of assessing the potential environmental impacts from future Projects,has been reviewed as such in accordance with MEPA and 301 CMR 11.00,and has been allowed or approved by any Participating Agency,unless the filing of an EMF and an EIR was required by a decision of the Secretary on any such review ./ document,plan or document. 6/26/98 (Effective 7lll98) 301 CMR-76 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.01: continued i" (c) gee,;t}entation In determining whether a Project is subject to MEPA jurisdiction or mats or exceeds any review thresholds, and during MEPA review,the Proponent any Participating Agency,and the Secretary'shall consider the entirety of the Project including any likely future Expansion,and not separate phases or segments thereof.The Proponent may not phase or segment a Project to evade,defer or curtail MEPA review. The Proponent any Participating Agency,and the Secretary shall consider all circumstances as to whether various work or activities constitute one Project,including but not limited to:whether the work or activities,taken together,comprise a common plan or independent undertakings, regardless of whether there is more than!one Proponent',any time interval-between the work or activities;and whether the environmental impacts caused by the work or activities are separable or cumulative. Examples of work or activities that constitute one Project include . work or activities that: I - 1. meet or exceed one or more review thresholds on an area previously subject to a Land Transfer,provided that not more than five years have'elapsed between the Land Transfer and the work or activities;.and 2. construct more than one structure(such as more than one single family dwelling)and appurtenant smactures,facilities,and other improvements on a site,unless a plan for the subdivision or other legal division creating or allowing separate lot or parcels was definitively approved or endorsed in accordance with applicable statutes and regulations prior to the effective date of 301 CMR'l 1.00. (3) Relation to'Other Authod (a) Informa.tion Rewarding Other Authority. The Secretary may-require a Proponent to provide information regarding a Project's consistency or compliance with any applicable Federal,municipal,or regional statues and regulations. MEPA and 301 CMR 11.00 do not give the Secretary authority to make any formal determination regarding such consistency or compliance. I ..- (b) Anolicability of Other Authority MEPA and Ml CMR 11.00 do not alter the review or permitting authority of any Agency or any Federal,municipal,or regional governmental entity over,or otherwise alter the applicability of any statutes and regulations to,a Project. (4) General procedure (a) ME. If a Project is subject to MEPA jurisdiction and either it meets or exceeds one or more review thresholds or the Secretary requites fail-safe review, the Proponent begins MEPA review by preparing and filing an ENF with the Secretary- The Secretary publishes the appropriate pages of the ENF in the next Environmental Monitor. A 30-Day review period follows, during the first 20 Days of which Agencies, Persons,the MEPA Office (which ordinarily conducts a site visit and public consultation session),and the.Secretary review and comment on the ENF. At the close of the review period for an ENF, the Secretary decides whether to require an EIR. If the Secretary does not require an EIR,an Agency may take Agency Action on the Project(see 30I CMR 11.05 and 11.06). - (b) EM. If the Secretary requires an EIR,the Proponent prepares and files it with the Secretary. The Secretary shall ordinarily require a draft and final EIR but may allow a single EIR The Secretary publishes notice of the availability of the EIR in the next.Environwental Monitor. A 37-Day review period follows, during the first 30 Days of which Agencies, Persons,the MEPA Office,and the Secretary review and comment on the En At,the close of the review period,the Secretary decides whether the EIR is adequate. An Agency may take Agency Action on the Project,provided that the Secretary has determined that the single or final EIR is adequate and 60 Days have elapsed following the publhcation�of the notice of the availability of the single or final EIR in the Environmental Monitor(see 301 CMR 11.07 and 11.08). (c) Section 61 Findings. An Agency that takes Agency Action on a Project for which the Secretary required an EIR: 1. issues Section 61 Findings that specify,based on the EIR,all feasible means to be used to avoid Damage to the Environment or,to the extent Damage to the Environment cannot be avoided, to minimize and mitigate Damage to the Environment to the maximum extent practicable; - 2, makes its Section 61 Findings part of the Permit or other document allowing or approving the Agency Action;and 6/26/98 (Effective 7/1/98) 301 CMR-77 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.01: continued , 3, files a copy of its Section 61 Findings with the MEPA Office (see 301 CMR 11.12(5)). _ (5) Admin1sipfic, (a) Authority of AssicSggt Secr=y The staff of the Secretary that carries out day-today administration of MEPA and 301 CMR 11.00 is organized as the MEPA Office,under the direction of the Assistant Secretary of Environmental Affairs, who is also known as the MEPA Director. The Secretary may delegate to the Assistant Secretary any of the Secretary's authority in accordance with MEPA and 301 CMR 11.00 that the Secretary deems appropriate. Any certificate, determination, or other document executed by the Assistant Secretary in accordance with the delegation shall be deemed the valid and duly authorized certificate,determination,or other document of the Secretary. (b) )jgponsibilitiesof MEPA Office. The MEPA Office is responsible for:responding to inquiries firm Proponents and other Agencies and Persons; reviewing documents filed in accordance with MEPA and 301 CMR 11.00;conducting site visits and public consultation sessions;ensuring adequate prior public notice of site visits,public consultation sessions, and comment periods,and meaningfitl opportunities for public review of review documents; coordinating with any Agency that expects to take Agency Action on a Project;preparing drafts of certificates,determinations,and other documents for the Secretary;and maintaining publicly accessible files that contain the complete administrative record on which the Secretary's decisions in certificates,determinations,and other documents are based. —(6) Advisory,Opinion. (a) )pest for Advisory Opinion. In case of doubt as to the meaning or applicability of any provision or requirement in MEPA.or 301 CMR 11.00(including whether an entity is an Agency,whedwra decision or action,is Agency Action,whether a Project is subject to MEPA jurisdiction,or whether a Project meets or exceeds one or more review thresholds) an Agency or Person may request an advisory opinion of the Secretary in accordance with MAL.c.30,§8 and 301 CMR 11.00. (b) Decision on Advisory inion The Secretary shall respond within 20 Days of receiving a request for an advisory opinion either with a request for further information or with the advisory opinion,unless the Secretary publishes notice of the request in accordance with 301 CMR 11.01(6)(c). If the Secretary requests further information,the Secretary shall provide the advisory opinion 20 Days of receiving the requested information. (c) Pali Comment on a Remus for an Advisory Opinion. In the case of a request for an advisory opinion concerning Routine Maintenance or a Replacement Project,the Secretary shall,and in all other cases,the Secretary may:publish notice of the request in the next Environmental Monitor and receive into the record,within 20 Days following publication of the notice of the request (unless extended by the Secretary with the consent of the Proponent),written comments from any Agency or Person concerning the request. The Secretary shall provide the advisory opinion within ten Days after the close of the comment period. 11.02, definitions (1) Undefined Terms As used in 301 CMR 11.00,any term not defined in accordance with 301 CMR 11.02(2) shall have the meaning given to the term by any statutes, regulations, executive orders or policy directives governing the subject matter of the term.Examples include a term pertaining to: (a) wetlands,which is defined by the Wetlands Protection Act,M.G.L.c. 131 §40,and its implementing regulations,310 CMR 10.00,and 33 USC 1341 and 314 CMR 9.00 regarding Water Quality Certification,as well as other statutes,regulations,executive orders,or policy directives that govern wetlands issues; (b) roadways or traffic,which is defined by the Massachusetts Highway Deparmcnf a Highway Access Policy(adopted September 17,1991),its Standard Operating Procedure for Review of State Highway Access Permits (adopted September t7, 1991), and the "Guidelines for EIR/EIS Traffic Impact Assessment"(1989,as amended)by the Executive Office of Transportation-and Construction and the Executive Office of Environmental Affairs, as well as other statutes, regulations, executive orders or policy directives that govern roadway and traffic issues. 6126198 (Effective 7/1/98) 301 CMR-78 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS ` 11.02: continued (2) Defined Terms. As used in 301 CMR 11.00,the following terms shall have the following meanings: Agency (a) Any agency,department,board,commission,or authority of the Commonwealth. (b) Agency shall not be considered to include a Federal,municipal,or regional agency, department,board,commission or authority,unless it is: 1. a municipal redevelopment agency created or acting in accordance with M.G.L.c. 121A or c.12113;or 2. any other authority of any political subdivision of the Commonwealth that is created or acting specifically as an authority in accordance with applicable statutes. Agency Action. (a) In the tate of a Project undertaken bylan Agency,any formal and final authorization, appropriation, execution of a contract or other decision by the Agency to proceed to Commencement of Project. (b) In the case of a Project undertaken by a Person,any formal and final action taken by an Agency in accordance with applicable statutes and regulations that grants a Permit,provides Financial Assistance,or closes a Land Transfer. (c) Agency Action is not final if the Permit,contract or other relevant document approving or allowing the Agency Action contains terms such as a condition or restriction that provides that such Agency Action shall be deemed not to have taken place unless and until the Secretary has determined that: 1. no EIR is required;or 2. a single or final EIR is adequate and 60 Days have elapsed following publication of notice of the availability of the single or final ERR in the Environmental Monitor in accordance with 301 CMR 11.15(2), provided that the Agency shall reconsider and confirm or modify the Agency Action and any conditions thereof following completion of MEPA review. (d) Agency Action is final even if subject to subsequent judicial or administrative appeal. Archaeological Site. Any location of a significant event,prehistoric or historic occupation or activity,or building or structure,whether standing,ruined,or vanished,where the location itself maintains historical or archaeological value regardless of the value of any existing building or structure. a aci (a) Design capacity,i.e.,the maximum capacity for which a facility or system is designed and at which a facility or system can operate,regardless of statutory,regulatory,contractual or other conditions or restrictions. (b) Daily Capacity shall be considered maximum Capacity on any given Day of operation and not an annual average. Commonwealth. The Commonwealth of Massachusetts. Commencement of Construction. (a) Initiation of on-site physical or construction work or activity. (b) Research,design,or other work or activity necessary to evaluate a Project for purposes of MEPA and 301 CMR 11.00 and other environmental statutes or regulations shall not be considered Commencement of Construction. Commencement of a Proiect. (a) The earliest of: 1. initiation of the operational phase of the Project; 2. Commencement of Construction;or 3. initiation of any preparatory phase of the Project,including any action or expenditure of funds on the financing,marketing,or development of the Project - (b) Research,design,or other work or activity necessary to evaluate a Project for purposes of MEPA and 301 CMR 11.00 and other environmental statutes or regulations shall not be considered Commencement of a Project. 626/98 (Effective 7/1/98) 301 CMR-79 301 CMR: EXECU WE OFFICE OF ENVIRONMENTAL AFFAIRS 11.02: continued )age w the Environment. Any destruction or impairment(not including insignificant damage or impairment), actual or probable, to any'of the natural resources of the Commonwealth including,but not limited to,air pollution,water pollution,improper sewage disposal,pesticide pollution, excessive noise, improper operation of dumping grounds, impairment and eutmphication of rivers,streams,flood plains,lakes,ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources,wetlands,open spaces,natural areas,parks,or historic districts or sites. R'. (a) Calendar day. (b) If the deadline for the Secretary to issue a certificate,detemtination,or other document or for an Agency to take Agency Action,or for any Agency or Person to file comments, notices,or review documents in accordance with NEPA and 301 CMR 11.00 falls on a - Saturday, Sunday or legal holiday, the deadline shall be considered to fall on the next business day. Expansion. Any material increase in Capacity,demand on infrastructure,or physical dimensions of a Project or frequency of activity associated with the Project. Finacial Asst' (a) Any direct or-indirect financial aid to any Person provided by any Agency including, but not limited to, mortgage assistance, special taxing arrangements,grants, issuance of bonds,loans,ban guarantees.debt or equity assistance,and the allocation of Commonwealth or Federal funds. (b) Financial Assistance shall not be considered to include: 1. the grant of aid for medical services or personal support, such as welfare or unemployment funds,to an individual or third party on behalf of an individual; 2. pass-through of Federal fiords or issuance of bonds solely on behalf of a local economic development or financing agency,without allocation by an Agency;or 3. routine staff assistance. Historic Stmctu ee or Oistrii . Any historic property,landmark,building,structure,or district .� that is significant to the history or prehistory of the Commonwealth, its counties, or municipalities. Land Transfer. (a) The execution and delivery by an Agency of any deed,lease,license or other document that transfers real property or an interest in real property. (b) For purposes of review thresholds,Land Transfer shall not be considered to include the execution and delivery of a deed,lease or license to continue a preexisting lawful use on a Project site,or amendments or extensions thereof. MEPA Office. The Secrewry's staff that carries out day-today administration of MEPA and 301 CMR 11.00. Stw—. Any work or activity that is not: (a) existing; (b) being carried out currently as part of,used by,or generated by a previous,actual or permitted use of the Project site;or (c) being carried out within three years since the laterof discontinuance of the previous use or issuance of the relevant Permit. Pattkinatine A=w . Any Agency to whicb the Proponent has made or will make an application for a Permit,Finartaial Assistance,or a Land Transfer. Permit. (a) Any penult,license,certificate,variance,approval,or other entitlement for use,granted by an Agency for or by reason of a Project. (b) Permit shall be considered to include an entitlement for use grained by an Agency in accordance with delegated authority in accordance with Federal environmental statutes or r regulations(including certification of compliance with the statutes and regulations). 6/25/98 (Effactive7/1198) 301-CMR-80 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.02: continued ^� (c) Permit shall not be considered to include a general entitlement to a Person to carry on a trade or profession,or to operate mechanical equipment which does not depend upon the location of such trade or operation. (d) For purposes of review thresholds,Permit shall not be considered to include: 1. a consent order or agreement to the extent it addresses noncompliance with applicable statutes and regulations and does not allow or approve a New Project or an Expansion of a Project; 2. a general or programmatic permit,license,certificate,variance or approval applying to a category of Projects rather than to each individual Project; 3. a permit,license,certificate,variance or approval by rale or by self-certification of compliance;and 4. a permit,license,certificate,variance,or approval to continue a preexisting lawful use on a Project site,or amendments or extensions thereof. Person. Any individual,corporation,partnership,trust,association,or other business or non- profit organization,or any Federal,municipal,or regional governmental,intergovernmental or other entity that is not an Agency. Project Any work or activity that is undertaken by: (a) an Agency;or, (b) a Person and requires a Permit or involves Financial Assistance or a Land Transfer. —Prononent Any Agency or Person, including a designee or successor in interest, that undertakes,or has a significant role in undertaking,a Project. Replacement Project Any Project to repair,replace,or reconstruct a previous use of or Project bn a Project site that does not: (a) increase potential environmental impacts or need additional or changed environmental Permits;or (b) result in any substantial(10%or more)Expansion of the use or Project,provided that the previous use or Project has not been discontinued for more than three years and that the Expansion does not meet or exceed any review thresholds. Routine Maintenance. Any maintenance work or activity carried out on a regular or periodic basis in a manner that has no potential for Damage to the Environment or for which performance standards have been developed that avoid, minimize, or mitigate potential environmental impacts to the maximum extent practicable. Scope. The written certificate issued by the Secretary in accordance with 301 CMR 11.06(7) that specifies the fort,content,level of detail,and alternatives required for an EIR Secreta yr . The Secretary of Environmental Affairs. Section 61 Find;r. . The determinations and findings that an Agency shall make in accordance with M.G.L.c.30,§ 61 and 301 CMR 11.12(5)prior to or when taking Agency Action on a Project for which the Secretary required an EIR. (3) Abbreviations and Acronyms. As used in 301 CMR 11.00,the following abbreviations and acronyms shall have the following meanings: adt Average Daily Trips. ACEC Area of Critical Environmental Concern. CAC Citizens Advisory Committee. cy Cubic yards. ENF Environmental Notification Form. EIR Environmental Impact Report. gpd Gallons per day. HAP Hazardous Air Pollutant. kv Kilovolts. MEPA The Massachusetts Environmental Policy Act.M.G.L.c. 30, §§61 through 62H,inclusive. 6/26/98 (Effective 7/1/98) 301 CMR-81 301 CM EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.02: continued Mw Megawatts. I No, Oxides of Nitrogen. G, PM ns PMI0 Particulate matter less than or equal to 10 microns in diameter. sf Square feet I so, Sulfur Dioxide. tpd Tons pei day. tpy Tons per year. VOC Volatile Organic Compound. 11.03: eview Tbresbolds t The review thresholds identify categories of Projects or aspects thereof of a nature,size or location that are likely,directly or indirectly,to cause Damage to the Environment Except when the Secretary requires fail-safe review,the review thresholds determine whether MEPA review is required. MEPA review is required when one or more review thresholds are met or exceeded and the subject matter of at least one review threshold is within MEPA jurisdiction. A review threshold that is met or exceeded specifies whether MEPA review shalt corrals/of as ENF and a mandatory EiR or of an ENF and otter MEPA mviev;4f the Secretary so requires. The subject matter of a review threshold is within MEPA jurisdictiga whenthere is full-scopc jurisdiction(i.e,the Project is undertaken by an Agency or involves,Financial Assistance)or when the subject matter of dia review threshold`isjconceptually of physically related to the subject-maner of one or more required Permits(provided that the review,thitshoids for Land aril —Areas of Critical Environmental Concern shall be considered to be related to the subject matter of any requited,Petmit)or the area subject to a Land Transfer. The review thresholds do not apply to:a lawfully existing structure;facility or activity;Routine Maintenance;a Replacement Project;or a Project that is consistent with a Special Review Procedure review document,or other plan or document that his been prepatediwith the express purpose of assessing the potential environmental impacts from future Projects,has been reviewed as such in accordance with MEPA and 301 CMR 11.00, and has been allowed or approved by any Participating Agency,unless the filing of an ENT and an EIR was required by a decision of the Secretary on y any such review document,plan or document. The review thresholds are the following: (t) Lod. (a) ENF and Mandatory EIR 1. Direct alteration of 50 or more acres of land,unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices. 2. Creation of ten or more acres of impervious area (b) -ENP and Other MEPA Review if the Secretary Sc Requires. 1. Direct alteration of.25 or more acres of land,unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similargenetalty accepted agricultural or forestry practices. 2. Creation of five or more acres of impervious area, 3. Conversion of land held for natural resources purposes in accordance'with Article 97 of the Amendments.to the Constitution of the Commonwealth to any purpose not in accordance with Article 97. ' 4. Conversion of land in active agricultural use to tronagriculttuai use,.provided the lard includes soils classified as prime, slue-important or unique by the United States Department of Agriculture,unless the Project is accessory to active agricultural use or consists solely ofone single'family dwelling: `, * t,. Ij. 5. Release of an interest in land held for conservation,preservation or agricultural or watershed preservation purposes. 6. Approval in accordance with M.G.L.a 12 IA of a New urban redevelopment project or a fundamental change in an approved urban redevelopment project,provided that the Project consists of 100 or more dwelling units or 50,000 or more sf of non-residential space. 7. Approval in accordance with M.G.L. c 121B of a New urban renewal plan or a major modification of an existing urban renewal plan - 6/26198 (Effective 7/1/98) 301 CMR-92 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.03: continued �.., (2) Rare Saecies. (a) ENFandMandatm EiR.None, (b) ENP and Other MEPA Review if the Secretary So Requires. 1. Alteration of designated significant habitat. 2. Taking of an endangered or threatened species or species of special concern, provided that the Project site is two or more acres and includes an area mapped as a Priority Site of Rare Species Habitats and Exemplary Natural Communities. (3) Wetlands.Waterways and Tidelands. (a) ENF and Mandatory EIR. 1. Provided that a Permit is required: a. alteration of one or more acres of salt marsh or bordering vegetating wetlands; or b. alteration of ten or more acres of any other wetlands. 2. Alteration requiring a variance in accordance with the Wetlands Protection Act. 3. Construction of a New dam. 4. Structural alteration of an existing dam that causes an Expansion of 20.0 or any decrease in impoundment Capacity. 5. Provided that a Chapter 91 License is required,New Iron-water dependent use or Expansion of an existing non-water dependent structure,provided the use or structure occupies one or more acres of waterways or tidelands. (b) ENF and Other MEPA Review if the Secretary So Requires. I. Provided that a Permit is required: a. alteration of coastal dune,barrier beach or coastal bank b, alteration of 500 ormore Iinear feet of bank along a fish run or inland bank; c. alteration of 1,000 or more sf of salt marsh or outstanding resource waters; d, alteration of 5,000 or more sf of bordering or isolated vegetated wetlands; e. New fill or structure or Expansion of existing Hill or structure,except a pile- supported structure,in a velocity zone or regulatory floodway,or L alteration of%:or more acres of any other wetlands. 2. Construction of a New roadway or bridge providing access to a barrier beach or a New utility line providing service to a structure on a barrier beach. 3. Dredging of 10,000 or more cy of material. 4. Disposal of 10,000 or more cy of dredged material,unless are designated in-water disposal site. 5. Provided that a Chapter 91 Lice=is required,New or existing unlicensed non-water dependent use of waterways or tidelands,unless the Project is an overhead utility lint, a structure of 1,000 or less sf base area accessory to a single family dwelling, a temporary use in a designated port area,or an existing unlicensed structure in use prior to January 1,1984. 6. Construction,reconstruction or Expansion of an existing solid fill structure of 1,000 ormore sf base area or ofa pile-supported or bottom-anchored structure of 2,000 or more sf base area,except a seasonal,pile-beld or bottom-anchored float,provided the structure occupies flowed tidelands or other waterways. (4) (a) ENE and Mandatory EIR. 1. Now withdrawal or Expansion in withdrawal of: a. 2,500,000 or more gpd from a surface water source;or b. 1,500,000 or more gpd from a groundwater source. 2. New interbasin transfer of water of 1,000,000 or more gpd or any amount determined significant by the Water Resources Commission. 3. Construction of one or more New water mains ten or more miles in length. 4. Provided that the Project is undertaken by an Agency, New water service to a municipality or water district across a municipal boundary through New or existing pipelines, unless a disruption of service emergency is declared in accordance with applicable statutes and regulations, r 6/26/98 (Effective 711/98) 301 CMR-83 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.03: continued (b) ENF and Other MEPA Review if the Secretary So Requires. 1. New withdrawal or Expansion in withdrawal of 100,000 or more gpd from a water source that requires New construction for the withdrawal. 2. New withdrawal or Expansion in withdrawal of 500,000 or more gpd from a water supply system above the lesser of current system-wide authorized withdrawal volume or three-years'average system-wide actual withdrawal volume. 3. Construction of one or more New water mains five or more miles in length 4. Construction of a New drinking water treatment plant with a Capacity of 1,000,000 or more gpd. 5. Expansion of an existing drinking water treatment plant by the greater of 1,000,000 gpd or 10%of existing Capacity. 6. Alteration requiring a variance in accordance with the Watershed Protection Act, unless the Project consists solely of one single family dwelling. 7. Non-bridged steam crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities. (5) Wastewater. (a) ENF and Mandatory EIR. 1. Construction of a New wastewater treatment and/or disposal facility with a Capacity of 2,500,000 or more gpd. 2. New interbasin transfer of wastewater of 1,000,000 or more gpd or any amount determined significant by the Water Resource Commission. 3. Construction of one or more New sewer mains tenor more miles in length.. 4. Provided that the Project is undertaken by an Agency, New sewer service to a municipality or sewer district across a municipal boundary through New or,,existing pipelines, unless an emergency is declared in accordance with applicable statutes and regulations. 5. New discharge or Expansion in discharge of any amount of sewage,industrial waste water or untreated stormwater directly to an outstanding resource water. 6. New Capacity or Expansion in Capacity for storage, treatment, processing, ....� combustion or disposal of 150 or more wet tpd of sewage sludge, sludge ash, grit, screenings,or other sewage sludge residual materials,unless the Project is an Expansion of an existing facility within an area that has already been sited for the proposed use in accordance with MAL c.21 or M.G.L.c.83,§6. (b) ENF and Other MFPA Review if the Secretary So Reauires. 1. Construction of a New wastewater treatment and/or disposal facility with a Capacity of 100,000 or more gpd. 2. Expansion of an existing wastewater treatment and/or disposal facility by the greater of 100,000 gpd or 100/6 of existing Capacity. 3. Construction of one or more New sewer mains: a. that will result in an Expansion in the flow to a wastewater treatment and/or disposal facility by 10%of existing Capacity; b. five or more miles in length;or c. %:or more miles in length,provided the sewer mains are not located in the right of way of existing roadways. 4. New discharge or Expansion in discharge: a. to a sewer system of 100,000 or more gpd of sewage,industrial wastewater or untreated stormwater; b. to a surface water of: i. 100,000 or more gpd of sewage; ii. 20,000 or more gpd of industrial waste water,or iii. any amount of sewage, industrial waste water or untreated stormwater requiring a variance from applicable water quality regulations;or c. to groundwater of: i. 10,000 or more gpd of sewage within an area,zone or district established, delineated or identified as necessary or appropriate to protect a public drinking water supply,an area established to protect a nitrogen sensitive embayment,an area within 200 feet of a tributary-to a public surface drinking water supply,or an area within 400 feet of a public surface drinking water supply; - 6126198 (Effective 7/1/98) 301 CMR-84 301 CMR EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.03: continued ii. 50,000 or more gpd of sewage within any other area; iii. 20,000 or more gpd of industrial waste water;or iv. any amount of sewage, industrial waste water or untreated stonnwater requiting approval by the Department of Environmental Protection of a variance from Title 5 of the State Environmental Code for New construction. S. New Capacity or Expansion in Capacity for. a. combustion or disposal of any amount of sewage sludge, sludge ash, grit, screenings,or other sewage sludge residual materials;or b. storage,treatment,or processing of 50 or more wet tpd of sewage sludge or sewage sludge residual materials. (6) Trans ruition. (a) ENF and Mandatory EM 1. Unless the Project consists solely of an internal or on-site roadway or is located entirely on the site of a non-roadway Project: a construction of a New roadway two or more miles in length;or b. widening of an existing roadway by one or more travel lanes for two or more miles. 2. New interchange on a completed limited access highway. 3. Construction of a New airport 4. Construction of a New runway or terminal at an existing airport. S. Construction of a New rail or rapid transit line along a New,unused or abandoned right-of-way for transportation of passengers or freight(not including sidings,spurs or other lines not leading to an ultimate destination). 6. Generation of 3,000 or more New adt on roadways providing access to a single location. 7.Construction of 1,000 or more New parking spaces at a single location. (b) ENF and Other MEPA Review if the S=mry So Rea res. 1. Unless the Project consists solely of an internal or onsite roadway or is located entirely on the site of a non-roadway Project-, a. construction of a New roadway one-quarter or more miles in length;or b. widening of an existing roadway by four or more felt for one-half or more miles. 2. Construction,widening or maintenance of a roadway or its right-of-way that will: a after the bank or terrain located ten more feet from the existing roadway for one- half or more miles,unless necessary to install a structure or equipment, b. cut five or more living public shade trees of 14 or more inches in diameter at breast height'or c. eliminate 300 or more feet of stone wall. 3. Expansion of an existing runway at an airport. 4. Construction of a New taxiway at an airport, S. Expansion of an existing taxiway at Logan Airport 6. Expansion of an existing terminal at Logan Airport by 100,000 or more sf. 7. Expansion of an existing terminal at any other airport by 25,000 or more sf 8. Construction of New or Expansion of existing air cargo buildings at an airport by 100,000 or more sf. 9. Conversion of a military airport to a non-military airport. 10. Construction of a New rail or rapid transit line for transportation of passengers or freight. 11. Discontinuation of passenger or freight service along a Tailor rapid transit line. 12. Abandonment of a substantially intact rail or rapid transit right-0f--way. 13. Generation of 2,000 or more New adt on roadways providing access to a single location. 14. Generation of 1,000 or more New adt on roadways providing access to a single location and construction of I50 or more New parking spares at a single location. I5. Construction of 300 or more New parking spaces at a single location. 6126198 (Effective 711198) 301 CMR-85 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.03: continued (7) Eric (a) ENF_gndIvIandatoryEIR. _... 1. Construction of a New electric generating facility with a Capacity of 100 or more MW. 2. Expansion of an existing electric generating facility by 100 or more MW. 3. Construction of a New fuel pipeline tenor more miles in length. 4. Construction of electric transmission lines with a Capacity of 230 or more kv, provided the transmission lines are five or more miles in length along New,unused or abandoned right of way. (b) ENE and Other MEPA Review if the Secretary So R 1. Construction of a New electric generating facility with a Capacity of 25 or more MW. 2. Expansion of an existing electric generating facility by 25 or more MW, 3. Construction of a New fuel pipeline five or more miles in length. 4. Construction of electric transmission lines with a Capacity of 69 or more kv, provided the transmission lines are one or more miles in length along New,unused or abandoned right of way. (s) Ail (a) ENT and Mandatory EIR Construction of a New major stationary source with federal potential emissions,after construction and the imposition of required controls,of:250 tpy of any criteria air pollutant;40 tpy of any HAP;or 100 tpy of any combination of HAPS. (b) ENF and Oilier MEPA Review if the Secretary So R Qom, 1. Construction of a New major stationary source with federal potential emissions,after construction and the imposition of required controls,of: 100 rpy of PM as PM10,CO, lead or SO,;50 tpy of VOC or NO,; 10 tpy of any HAP;or 25 tpy of any combination of HAPS. 2. Modification of an existing major stationary source resulting in a "significant net increase"in actual emissions,provided that the stationary source or facility is major for Ca the pollutant,emission of which is increased by: 15 spy of PM as PMI 0; 100 tpy of CO; )l� 40 tpy of SOr 25 tpy of VOC or NO,;0.6 tpy of lead. �G (9)�Solid and Hazardous (�to (_/ (a)—i an&Mandato EIR.New Capacity or Ex , X't" `�_ .Sy p ty pension in Capacity 41-50-or more tpd tot for storage,treatment processing,combustion or disposal of solid waste,bless the Project \kp ( is a transfer station,is an Expansion of an existing facility within a validly site assigned area il i t for the proposed use,or is exempt from site assignment requirements. j(6� /\(G"M1 C (b) ENT a and Other PA Review if the Secretary So Requires. A�\ L New Capacity or Expansion in Capacity for combustion or disposal of any quantity f\\� of solid waste,or storage,treatment or processing of 50 or more tpd of solid waste, i unless the Project is exempt from site assignment requirements. d 2. Provided that a Permit is required in accordance with M.G.L.c.21D,New Capacity or Expansion in Capacity for the storage,recycling,treatment or disposal of hazardous waste. (10) Histo i 1 d Archy olgpical Resources. (a) ENE and Mandatory E[R. None. (b) ENP and Other MEPA Review if the Secretly "to Requires. Unless the Project is subject to a Determination of No Adverse Effect by the Massachusetts Historical Commission or is consistent with a Memorandum of Agreement with the Massachusetts Historical Commission that has been the subject of public notice and comment: 1. demolition of all or any exterior part of any Historic Structure listed in or located in any Historic District listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth;or 2. destruction of all or any part of any Archaeological Site listed in the State Register of Historic Places or the inventory of Historic and Archaeological Assets of the Commonwealth. 6126/99 (Effective 7/119$) 301 CMR-96 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.03: continued (11) Areas of Critical Environmental Concern, (a) ENE and Mandatory EIR.None. (b) ENE and Other MEPA Review if the Secretary So Reouires. Any Project within a designated ACEC,unless the Project consists solely of one single family dwelling. -- (12) Regulations. (a) ENF and Mandatory EIR.None. (b) ENE and Other MEPA Review if the Secretary So Requires.Promulgation of New of revised regulations, of which a primary purpose is protecting against Damage to the Environment,that significantly reduce: r 1. standards for environmental protection; 2. opportunities for public participation in permitting or other review processes;of 3. public access to information generated or provided in accordance with the regulations. 11.04: Fait-Safe Review (1) Petition or Secretary's initiative. Upon written petition by one or more Agencies or tenor more Persons,or at the initiative of the Secretary,the Secretary may require a Proponent to file an ENF or undergo other MEPA review fora proposed program;regulations,policy,or other Project that does not meet or exceed any review thresholds unless all Agency Actions for the Project have been taken,provided that the Secretary finds in the decision on the petition or initiative that: (aj the Project is subject to MEPA jurisdiction; (b) the Project-has the potential to cause Damage to the Envirotmient and the potential Damage to the Environment-eithen 1. could not reasonably have been foreseen prior to or when 301 CMR 11.00 was i^ promulgated;or 2. would be caused by a circumstance or combination of circumstances that individually would not ordinarily cause Damage to the Environment;and ' (c) requiting the filing of an ENF and other compliance with MEPA and 301 CMR 11.00: I. is essential to avoid or minimize Damage to the Environment;and 2. will not result in an undue hardship for the Proponent A written petition for fail-safe review shall state with specificity the Project-related facts that the petitioners believe support the Secretary's required findings. (2) Notice.and Effect of Petition or Secretary's Initiative. Within ten Days of receiving of a petition,or immediately when the Secretary initiates fail-safe review,the Secretary shall notify the Proponent and any Participating Agency of the petition or initiative and may request further information from the Proponent. Following such notice,a Participating Agency shall not take Agency Action on the Project unless and until the Secretary has issued a decision that the Project does not require the filing of an ENF or, if the Secretary requires an ENF,the Secretary has determined that an EIR is not required or the Secretary has determined that the single or final EIR is adequate and 60 Days have elapsed following the publication of the notice of the availability of the single or final EIR in the Environmental Monitor in accordance with 301 CMR 11.15(2). (3) Secretary's Decision. The Secretary shall issue a written decision stating whether the Proponent shall file an ENF or undergo other MEPA review within 20 Days of the latest of receiving a petition for fail-safe review,notifying the Proponent of the petition or initiative,or receiving any requested further information. The Secretary shall send notice of any fail-safe review decision to the Proponent and any Participating Agency and shall publish notice of the decision in the next Environmental Monitor in accordance with 301 CMR 11.15(2). The Secretary's failure to issue a decision within the 20 Day period shall have the effect of a determination that no ENF or any other MEPA review is required. (4) Effect of Secretary's Decision. The Secretary's decision to require fail-safe review shall not in itself invalidate any Agency Action previously taken by an Agency or any conditions thereof. 6126/98 (Effective 711/98) 301 CMR-87 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS l 1.05, ENF Prenaration and Flinn (1) Filing and Circulation Requirements. if a Project requires MEPA review in accordance with 301 CMR 11.01(2),the Proponent shall complete an ENF and file it with the Secretary. ^� Prior to or when filing the ENF with the Secretary,the Proponent shall circulate copies of the ENF in accordance with 301 CMR 11.16(2)and publish a Public Notice of Environmental _. Review in accordance with 301 CMR 11.1 5(l). The Proponent's failure to circulate the ENF or publish the Public Notice properly shall allow the Secretary to require an extension or repetition of the ENF review. The Secretary may reject an incomplete ENF,in which case the Secretary shall notify the Proponent,who shall file and circulate a new ENF and publish a new Public Notice. (2) Timely Film . In all cases, the Proponent shall file the ENF sufficiently prior to Commencerrient ofthe Project and any required Agency Action to allow timely compliance with MEPA and 301 CMR 11.00 including analysis of alternatives, consideration of cumulative environmental impacts,and providing meaningful opportunities for public review. In the ease of a Project undertaken by an Agency,the Proponent shall ordinarily file the ENF not less than one year prior to the expected Commencement of the Project,and in any event prior to the Agency's finalizing the design or making an irreversible commitment of financial resources to the Project In the case of a Project that is undertaken by a Person and requires one or more Permits or involves Financial Assistance but does not involve a Land Transfer,the Proponent shall file the ENF at any tints prior to but no later than tem Bays after filing the first application for a Pemfit or Financial Assistance.In the case of a Project that is undertaken by a Person and involves a Land Transfer,the Proponent shall file the ENF prior to closing the Land Transfer _unless the Land Transfer is not final Agency Action in accordance with 301 CMR 11.02(2).The Proponent may consult with the Secretary for specific advice as to when to file the ENF. (3) Consultation. Prior to filing the ENF,the Proponent may consult with the Secretary and any Participating Agency to determine any review thresholds the Project may meet or exceed and any Agency Action it may require,and to avoid unnecessary MEPA review if the Project may not be eligible for the required Agency Action. (4) Description of the Project and Potential 1pams.. The ENF shall include a concise but accurate description of the Project and its alternatives,identify any review thresholds the Project may meet or exceed and any Agency Action it may require, present the Proponent's initial assessment of potential environmental impacts,propose mitigation measures,and may include a proposed Scope. The ENF shall indicate whether the Proponent is requesting that the Secretary allow a single E02 in accordance with 301 CMR 31.06(8),establish a Special Review Procedure in accordance with 301 CMR 11.09,or grant a waiver in accordance with 301 CMR 11.11. Ile Proponent shall not limit description of the Project or assessment of its potential environmental impacts on account of anyjurisdictional or other limitation that may apply to the Scope,if anElR is required The ENF shall separately assess potential environmental impacts and proposed mitigation. The ENF shall identify the sources on which the assessments are based. The information provided in the ENF shall be designed to facilitate consultation and elicit comments identifying any relevant and significant issues.The Proponent's submission of a proposed Scope with the ENF shall not mean that the Proponent believes an EIR is required or that the Secretary will require an EIR. The Proponents assessment of potential environmental impacts or proposed Scope shall not limit the Secretary's discretion in determining the Scope, (5) The ENF. The Secretary shall prescribe the form and content of the ENF, which shall be available from the MEPA Office. The Proponent shall complete the ENF in accordance with 301 CMR 11.00 and any instructions provided on or with the ENF,and shall use an original or full-sized photocopy or other version of the ENF expressly approved by the Secretary. The Secretary may from time to time modify the ENF or instructions,provided that the Secretary shall first publish the modified form or instructions in the Ehviror menta!Monitor and shall at the same time specify the effective date of the modified ENF or instructions. (6) Reguired ENP Attachments. The Proponent shall attach to the ENF an original United States Geologic Survey Map or other location map expressly approved by the Secretary that includes and indicates the Project site,a site plan at an appropriate scale and level of derail,and a list of all Agencies and Persons to whom the Proponent circulated the ENF in accordance with 301 CMR 11.16(2). 6126/98 (Effective 7/1/98) 301 CMR-98 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.05: continued (7) Expanded ENF. In addition to filing a completed ENF and the required attachments,the Proponent may file more extensive and detailed information describing and analyzing the Project and its alternatives,and assessing its potential environmental impacts and mitigation measures. The Proponent may provide this additional information whenever it is available. The Proponent shall provide this additional information when the Proponent is requesting that the Secretary allow a single EIR in accordance with 301 CMR 11.06(8),establish a Special Review Procedure in accordance with 301 CMR 11.09,or gram a waiver in accordance with 301 CMR 11.11. The Proponent may refer to 301 CMR 11.07(6)for guidance and may consult with the Secretary for specific advice as to the form and content of this additional information. The Secretary shall duly consider this additional information in the ENF,although it shall not limit the Secretary's discretion to determine the Scope. A Proponent who files an expanded ENF requesting a single EIR or Special Review Procedure shall be deemed to consent to an extension of the ENF review period in accordance with 301 CMR 11.06(1) and of the ENT public comment period in accordance with 301 CMR 11.06(3). (8) Voluntarily Filed ENF. The Proponent may voluntarily file an ENF and, with the Secretary's consent, undergo MEPA review for a Project that does not meet or exceed any review thresholds. Once the Secretary publishes the ENF in the Environmental Monitor in accordance with 301 CMR 11.15(2), the Proponent may.withdraw the ENF only with the Secretary's consent. . (9) Enforcement Actions. If an Agency s ability to undertake an action enforcing its statutory or regulatory obligations is impeded by the failure of a Proponent to file an ENF,the Agency may,with the consent of the Secretary and after 30 Days prior written notice to the Proponent, file an ENF on behalf of the Proponent. 11.06: ENF Review and Decision n (i) Publication and Review Period. Upon receiving and accepting the ENF,the Secretary shall publish the appropriate pages of the ENF in the next Environmental Monitor in accordance with 301 CMR 11.15(2),which begins the ENF review period. The ENF review period lasts for 30 Days,unless extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent.The review period for an expanded ENF requesting a single EIR or Special Review Procedure lasts for 37 Days,unless extended by the Secretary on.account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent. (2) Consultation and Investigation. After receiving and accepting an ENF,the Secretary shall review the ENF and may review relevant information from any other source to determine whether to require an EIR, and, if so, what to require in the Scope. The Secretary shall ordinarily schedule with the Proponent a site visit and public consultation session to review the Project and discuss its alternatives,its potential environmental impacts and mitigation measures. Any Agency or Person may inquire of the MEPA Office as to the date,time,and location of the consultation session. (3) Public Comment Period,Extensions,Late Comments. After receiving and accepting an ENF,the Secretary shall receive into the mord written comments from any Agency or Person, concerning the Project, its alternatives, its potential environmental impacts, mitigation measures,and whether to require an EIR and,if so,what to require in the Scope. Comments shall be filed with the Secretary within 20 Days following publication of the ENF in the Environmental Monitor,unless the public comment period is extended by the Secretary on =Count of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent_ If the Proponent has filed an expanded ENF requesting a single EIR or a Special Review Procedure in accordance with 301 CMR 11.05(7),comments shall be filed within 30 Days following publication of the ENF in the Environmental Monitor,unless the comment period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements or with the consent of the Proponent. An extension shall not ordinarily exceed 30 Days.The Secretary may accept a late comment,provided it is received prior to the Secretary's decision on the ENF. 6/26/98 (Effective 7/1/98) 301 CMR-89 ...,... . .... ...... . ._........ _ .. 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.06: continued (4) Agency Review An Agency shall review an ENF circulated to it by the Proponent. If it appears that the Project requires Agency Action by the Agency or may significantly affect any interest of the Agency or any statutes or regulations administered by the Agency,the Agency shall: (a) participate in the consultation session scheduled by the Secretary in accordance with 301 CMR 11.06(2)and file comments with the Secretary in accordance with 301 CMR 11.06(3);and (b) specify in its comments:any Agency Action required to be taken by the Agency for the Project;any aspect of the Project or issue requiring additional description or analysis in an EIR;and any opportunity to maximize consistency and facilitate coordination between the Agency Action and MEPA review or any other Agency Actions. A Participating Agency's failure to specify an aspect of the Project or issue requiring additional description or analysis in an EIR shall have the effect of a determination that the information presented in the ENF,together with information already provided in any application for a Permit,Financial Assistance or a Ladd Transfer,sufficiently defines the nature and general elements(but not necessarily the technical details)of the Agency Action on the Project,such that the Participating Agency recommends that the Secretary require no further MEPA review or that the Scope not include any requirements relating to the aspect or issue- (5) Secretary's RemrSst for Copy of Application or Other Information. Upon request of the Secretary during the review period for an ENF,the Proponent shall file with the Secretary a copy of anv application for a Permit, Financial Assistance, or a Land Transfer and any other —information relevant to the Secretary's review of the Project, its alternatives, its potential environmental impacts and mitigation treasures.Upon request of the Secretary,the Proponent shall make available a copy of any application for a Permit, Financial Assistance, or Land Transfer when the application is filed with a Participating Agency subsequent to the Secretary's decision on the ENF. (6) Effect of Proponent's Failure to Cooperate. The Secretary and any Participating Agency may consider the Proponent's failure to participate in the ENF consultation session to be w withdrawal of the ENF. The Proponent's failure to provide requested information may result in the Secretary requiring the Proponent to consider in an EIR the aspect of the Project or the issue about which information was requested,provided that the aspect or issue is within any applicable jurisdictional limitations in accordance with 301 CMR 11.06(9Xb). (7) Decision on ENF and Sex , After the close of the public comment period and on or prior to the last Day of the ENF review period,the Secretary shall issue a written certificate stating whether or not an EIR is required and,if so,what to require in the Scope in accordance with 301 CMR 11.06(9). The Secretary's failure to issue a timely certificate shall have the effect of a determination that no EIR is required, unless the Project meets or exceeds one or more mandatory EIR review thresholds, in which case such failure shall have the effect of a determination that an EIR is required,and that it shall address all aspects of the Project that are likely,directly or indirectly,to cause Damage to the Environment,provided that such aspects are within any applicable jurisdictional Iimitations in accordance with 301 CMR 11.06(9)(b). The Secretary's decision on the ENF shall be subject to the legal challenge periods in accordance with 301 CMR 11.14. (8) Decision Allowing Single ETR When issuing a Scope in accordance with 301 CMR 11.06(7),the Secretary shall ordinarily require a draft and final EIR but may allow a single EIR, provided that the Secretary finds that the expanded ENF requesting a single EIR in accordance with 301 CMR 11.05(7): (a) describes and analyzes all aspects of the Project and all feasible alternatives,regardless of any jurisdictional or other limitation that may apply to the Scope; (b) provides a detailed baseline in relation to which potential environmental impacts and mitigation measures can be,assessed;and (c) demonsuates that theptarming and design of the Project use all feasible means to avoid potential environmental impacts. 61208 (Wective 711/98) 301 CMR-90 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.06: continued (9) Limits on Scooe. (a) Potential Environmental imnacts. The Secretary shall limit the Scope to those aspect of the Project that are likely,directly or indirectly,to cause Damage to the Environment. (b) Su iect Matter Jurisdiction. In the case of a Project undertaken by a Person that — requires one or more Permit or involves a Land Transfer but does not involve Financial Assistance,the Scope shall be limited to the direct and indirect potential environmental impact from those aspect of the Project that are within the subject matter of any required Permit or within the area subject to a Land Transfer, regardless of whether or not those aspects met or exceeded any review thresholds. (c) Elements of scone The Secretary shall determine the form,content,level of detail,and alternatives required for the EIR and may establish guidelines as to page length and time necessary for preparation. The Secretary may direct the Proponent to consult with any Participating Agency and describe in the EIR any opportunity to maximize consistency and facilitate coordination between any Agency Action and MEPA review or any other Agency Action. (10) Environmental Mediation. The Proponent,an Agency,or a Person may conclude that environmental mediation,either alone or in addition to the preparation of an EIR,may be helpful in settling unresolved issues. The Secretary may assist parties in identifying the need for and sources of such services. This assistance shall not alter any of the review periods,deadlines,or other provisions or requirement of MEPA or 301 CMR 11.00,except with the consent of the Propow.-Vt (11) g pended.Abandoned.or Changed Project. If a Proponent does not proceed with a Project or changes a Project after filing an ENF,the Proponent shall file a Notice of Project Change in accordance with 301 CMR 11.10. 11.07: EIR Pr M=ion and Filing i (1) Filing and Circulation Requirements. If the Secretary requires an EIR in accordance with 301 CMR 11.06(7),the Proponent shall prepare the EIR and file it with the Secretary. Prior to or when filing the EIR with the Secretary,the Proponent shall circulate copies of the EIR in accordance with 301 CMR 11.16(3)and the Scope. The Proponent's failure to circulate the EIR properly shall allow the Secretary to require an extension or repetition of the EIR review. (2) Timely Filing. The Proponent shall file the EIR as soon after the Secretary issues the Scope as is reasonably possible given the status of Project planning and design,the type and size of the Project,and the Scope. The Proponent may consult with the Secretary for specific advice as to when to file the EIR. (3) Draft E(R If the Secretary requires an EIR in accordance with 301 CMR 11.06(7),the Proponent shall first prepare a draft EIR unless otherwise indicated in the Scope. The draft EIR shall present in accordance with 301 CMR 11.07(6)and the Scope a reasonably complete and stand-alone description and analysis of the Project and it alternatives,and an assessment of it potential environmental impacts and mitigation measures. The Proponent shall ordinarily use the review and comment by any Person or Agency on the draft EIR as an additional opportunity to improve the planning and design of the Project (4) Final EIR. If the Secretary determines that the draft EIR is adequate in accordance with 301 CMR 11.08(g)(b),the Proponent shall prepare a final EIR,unless otherwise indicated in the Scope. The Secretary may limit the Scope of the final EIR to aspect of the Project or issues that require further description or analysis and a response to comment,instead of requiring a stand- alone document that meets all of the form and content requirements for an EIR in accordance with 301 CMR 11.07(6),provided that the draft and final EIRs shall present a complete and definitive description and analysis of the Project and it alternatives, and assessment of it potential environmental impacts and mitigation measures sufficient to allow a Participating r Agency to fulfill it obligations in accordance with M.G.L.c.30,§61 and 301 CMR 11.12(5). 626198 (Effective 7/l/98) 301 CMR-91 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL.AFFAIRS 11.07: continued (3) Single . If the Secretary allows a single EIR in accordance with 301 CMR 13.06(6), the Proponent shall prepare a single EIR. The single EIR shall build on the information in the ekJoanded ENF and shall present in accordance with 301 CMR 11.07(6) and the Scope a complete,stand-alone and definitive description and analysis of the Project and its alternatives, and assessment of its potential environmental impacts and mitigation measures sufficient to allow a Participating Agency to fulfill its obligations in accordance with M.G.L.c.30,§61 and 301 CMR 11.12(5). (6) Form and Content of EIR unless the Secretary has indicated otherwise in the Scope or as part of a Special Review Procedure,the depth and level of description and analysis in the EIR shall reflect the stains of Project planning and design, the type and size of the Project;the requirements of any Agency Action,the availability of reasonable alternatives and methods to avoid or minimize potential utvironmental impacts,and the opportunity to assess environmental impacts and to identify appropriate mitigation measures:,The EIR shall ordinarily contain the following sections(unless the Secretary indicates in-the Scope or as a part of a Special Review Procedure that specific issues shall be described or-analyzed in additional sections in the EIR or that any of these sections shall not be included in the EIR): , (a) ThlePage. The name and location of the Project,the EO£A File Number,the type of EIR,the dame of the Proponent,the name of the preparer,and the date of filing; (b) Fable of Contetns. The title and page number of all sections,maps,plans,tables, figures,and appendices of the'EIR; 1, (c) Mcg t3_i„ res A copy of each Secretary's certificate for the Project,including on the ENF,a draft EIR;or a Notice-of Project Change,and any other determination or document issued by the Secretary for the Project. (d) Sm Wirt asy. A brief description in clear,nontechnical tanguag`e including: 1. the name and location of the Project,and the EOEA File Number, 2. a brief Project description listing in particular any changes[Wade to the Project since the review of the previous review document; 3. a list of any Permit;Financial Assistance,or Land Transfer,and any required Federal environmental,or land-use permit, license, certificate, variance, or approval with a ✓ summary of the current status of each application; 4, a summary of alternatives to the Project; 5. a summary of potential environmental impacts of the Project;and 6, a list of mitigation measures for the Project. (e) Protect Description. A detailed description and analysis of the nature and location of the Project including: 1. the type,size,and proposed use of the Project; 2. the objectives and anticipated benefits of the Project; 3. a description of the physical characteristics of the Project and its surroundings, illustrated with a location map and site plan at an appropriate scale and level of detail; and 4. a timetable,approximate cost,and the methods and timing of construction of the Project. (f) Alternatives,to the Proiect A description and analysis of alternatives to the Project including: 1. all feasible alternatives,including but not limited to those indicated in the Scope; 2. the alternative of not undertaking the Project(i.e.,the no-build alternative)for the purpose of establishing a fitttue baseline in relation to which the Project and its alternatives can be described and analyzed and its potential environmental impacts and litigation measures can be assessed; - - 3. an analysis of the feasible alternatives in light of the objectives of the Proponent and the mission of any Participating Agency,including relevant statutes, regulations; executive orders and other policy directives,and any applicable Federal,municipal,or regional plan formally adopted by an Agency or any Federal,municipal;or regional governmental entity; 4, an analysis of the principal differences among the feasible alternatives under consideration,particularly regarding potential environmental impacts; 5. a brief discussion of any alternatives no longer under consideration including the ; .; reasons for no longer considering these alternatives. 6126198 (Effective 7/1!98) 301 CMR-92 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.07: continued (g) Existing Environment. A description and analysis of the physical,biological,chemical, economic,and social conditions of the Project site, its immediate surroundings, and the region(in sufficient detail to provide a baseline in relation to which. the Project and its alternatives can be described and analyzed and its potential environmental impacts and — mitigation measures can be assessed)including: I. topography,geology,and soils; 2. surface and groundwater hydrology and quality; 3. air quality and noise; 4. plant and animal species and habitat; S. traffic,transit,and pedestrian and bicycle transportation; 6. scenic qualities,open space and recreational resources; 7. Historic Structures or Districts,and Archaeological Sites; 8. the built environment and human use of the Project site,its immediate surroundings and the region,including existing infrastnrcnre(ie.,water supply,wastewater treatment and/or disposal, transportation, waste management, etc.), zoning districts and other relevant land-use designations or plans(i.e.,local or regional capital improvement plans or infiestruct re investments,economic development,growth planning and open space plans,etc.),business districts,industrial parks,housing stock,and vacancy rates;and 9. rare or unique features(including environmental and social conditions)of the Project site and its immediate surroundings such that any increase in environmental impacts, however small or gradual, may result in an unusual or disproportionate effect on _ environmental resources or quality or public health. (h) Assessment of Impacts. A detailed description and assessment of the negative and positive potential environmental impacts of the Project and its alternatives. The EIR shall assess(in quantitative terms, to the maximum extent practicable) the direct and indirect potential environmental impacts from all aspects of the Project that are within the Scope. The assessment shall include both short-term and long-term impacts for all phases of the Project(e.g.,acquisition,development,and operation)and cumulative impacts of the Project, any other Projects,and other work or activity in the immediate surroundings and region. (i) Statutory and Regulatory Standards and Requirements. A list of any Permit,Financial Assistance,or Land Transfer that is or may be required,and a brief description and analysis of the applicable statutory and regulatory standards and requirements thereof and the measures to be taken to ensure due compliance therewith. 0) Mitigation Measures. A description and assessment of physical,biological and chemical measures and management techniques designed to limit negative environmental impacts or to cause positive environmental impacts during development and operation of a Project. Tie EIR shall specify in detail:the measures to be taken by the Proponent or any other Agency or Person to avoid,minimize,and mitigate potential environmental impacts;an Agency or Person responsible for funding and implementing mitigation measures,if not the Proponent; and the anticipated implementation schedule that shall ensure that mitigation measures shall be implemented prior to or when appropriate in relation to environmental impacts.The EIR shall also discuss alternatives to the proposed mitigation measures considered by the Proponent or suggested in comments by any Agency or Person,noting the relative benefits and costs of these alternative mitigation measures. (k) imposed Section 61 Findings. Proposed findings in accordance with M.G.L.c.30,§ 61 for each Agency for each Agency Action to be taken on the Project.These Proposed Section 61 Findings shall specify in detail:all feasible measures to be taken by the Proponent or any other Agency or Person to avoid Damage to the Environment or, to the extent Damage to the Environment cannot be avoided,to minimize and mitigate Damage to the Environment to the maximum extent practicable; an Agency or Person responsible for finding and implementing mitigation measures, if not the Proponent;and the anticipated implementation schedule that will ensure that mitigation measures shall be implemented prior to or when appropriate in relation to environmental impacts. (I) Response to Comments. A response to the certificate of the Secretary on the previous review document and each comment received on the previous review document,provided that the subject matter of the comment is within the Scope. Unless the Secretary has indicated otherwise in the certificate on the previous review document,the EIR shall contain a copy of each comment either in this section or in a separate appendix,provided that this section clearly explains the location of each comment and the response to each comment. 6/26/98 (Effective 7/1/98) 301 CMR-93 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.07: continued (m) Arriendioes. A presentation of detailed technical data(e.g.,traffic analyses,hydrologic calculations,modeling data),to the extent necessary to keep the main text of the EIR clear and readable. The main text of the EIR shall refer to and summarize any information txmtained in any appendix. Unless the Secretary has indicated otherwise in the Scope or as _ a pmt ofa Special Review Procedure,the Proponent shall circulate appendices with the main text of the EIR in accordance with 301 CMR 11.16(3). The Proponent may vary the outline of ordinary EIR sections(a g.,by combining 301 CMR 11.07(6xg)through(1)to address one aspect of the Project or issue at a time),provided that the EIR addresses the substance of each section. The EIR shall ordinarily be printed on both sides of each page,be paginated,clearly reference maps,plans,rabies and figures, and contain an index and a circulation list. 11 08_ EIR Review and Decision (1) Publication and Review Period. Upon receiving the EIR,the Secretary shall publish notice of the availability of the EIR in the next Environmental Monitor in accordance with 301 CMR 11.15(2),which begins the EIR review period The EIR review period lasts for 37 Days,unless extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements,with the consent of the Proponent for a draft EIR or as part of a Special Review Procedure. - (2) Invesdg to ion. After receiving the EIR,the Secretary shall review the EIR and may review _any relevant information from any other someao determine whether the EIR is adequate, (3) Informal and Inf rrmginal Public Consultation. An Agency undertaking a Project may hold public hearings,informal workshops,or public meetings at appropriate times prior to and during preparation of an EIR. The Agency shall provide at least seven Days notice of any hearing,workshop,or meeting to allow any other Agency or Person to prepare adequately and to make informed comments at the hearing,workshop,or meeting. The Secretary may hold an informational meeting prior to or during review of the EIR,and may,in the Scope,require the Proponent to hold an informational meeting. (4) Public Comment Period Extensions Late Comments. After receiving the EIR, the Secretary shall receive into the record written comments from any Agency or Person,concerning the Project,its alternatives,its potential environmental impacts,mitigation measures and the adequacy of the EIR,provided that the subject matter of the comment is within the Scope. Comments on the EIR shall be filed with the Secretary within 30 Days of the publication of the notice of the availability of the EIR in the Environmental Monitor,unless the public comment period is extended by the Secretary on account of the Proponent's failure to meet circulation or Public Notice requirements,with the consent of the Proponent for a draft EIR or as a part of a Special Review Procedure. An extension shall riot ordinarily exceed 30 Days. The Secretary may accept a late comment,provided that it is received prior in the Secretary's decision on the EIR (5) Mihdrawat and Wiling of Si0pie or Final EIR. With the consent of the Secretary,the Proponent may withdraw a single or final EIR prior to the Secretary's decision on the single or final EIR to provide further opportunity for public review. After such withdrawal,the Proponent may refile the single or final EIR,with or without changes,additions,or deletions,which shall be clearly identified in the refiled single or final EIR The Secretary shall publish notice of the availability of the refiled single or final EIR in the next Environmental Monitor in accordance with 301 CMR 11.15(2). A refilled single or final EIR restarts the EIR review period in accordance with 301 CMR 11.08(1)and the public comment period in accordance with 301 CMR 11.08(4)and the legal challenge periods in accordance with 301 CMR 11.14. (6) Comments Outside Scope. The Secretary,may accept a comment not within the Scope provided that the Secretary finds that it is material and that it was not reasonably possible with due diligence to have made it during review of the previous review document or that the comment raises critically important issues regarding the potential environmental impacts of the Project. 6!26!98 (Effective 7/1/98) 301CMR-94 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.08: continued (7) A¢encv eview. An Agency shall review an EIR circulated to it by the Proponent. If it appears that the Project requires Agency Action by the Agency or may significantly affect any . interest of the Agency or any statutes or regulations administered by the Agency,the Agency Shall: — (a) file comments with the Secretary in accordance with 301 CMR 11.08(4);and (b) specify in its comments:any Agency Action required to be taken by the Agency for the Project;any aspect of the Project or issue requiring additional description or analysis;and any opportunity to maximize consistency and facilitate coordination between the Agency Action and MEPA review or any other Agency Actions. A Participating Agency's failure to specify an aspect of the Project or issue requiring additional description or analysis shall have the effect of a determination that the information presented in the EIR and any previous review document,together with information already provided in any application for a Permit,Financial Assistance or a Land Transfer,sufficiently defines the nature and general elements(but not necessarily the technical details)of the Agency Aaron on the Project,such that the Participating Agency can fulfill its obligations in accordance with M.G.L.c.30,$61 and 301 CMR 11.12(5). (8) Secretary's Determination on EIR. (a) General. Within seven Days after the close of the public comment period in accordance with 301 CMR 11.08(4),the Secretary shall issue a written certificate stating whether or not the EIR adequately and properly complies with MEPA and 301 CMR 11.00.The Secretary shall attach to the certificate a copy of each comment timely received. The Secretary's failure to issue a timely certificate shall have the effect of a determination that the EIR is adequate and does so comply. The Secretary's decision on the EIR shall be subject to the legal challenge periods in accordance with 301 CMR 11.14. (b) Draft FIR. Upon review of a draft EIR,the Secretary shall: 1. determine that the draft EIR is adequate,even if certain aspects of the Project or �.y issues require additional description or analysis in a final EIR, provided that the Secretary finds that the draft EIR is generally responsive to the requirements of 3301 CMR 11.07 and the Scope; 2. determine that no substantive issues remain to be addressed and: a. publish notice in the next Environmental Monitor that the draft EIR shall be reviewed as a final EIR,or, b, require the Proponent to file responses to comments on the draft EIR and Proposed Section 61 Findings and publish notice in the next Environmental Monitor that the responses and findings shall be filed,circulated,and reviewed as a final EIR; or 3. determine that the draft EIR is inadequate and require the Proponent to file a supplemental draft EIR in accordance with 301 CMR 11.07. (c) Final E Upon review of a final EIR,the Secretary shall: 1. determine that a final EIR is adequate,even if certain aspects of the Project or issues require additional analysis of technical details,provided that the Secretary finds that the aspects and issues have been clearly described and their nature and general elements analyzed in the EIR or during MEPA review,that the aspects and issues can be fully analyzed prior to any Agency issuing its Section 61 Findings, and that there will be meaningful opportunities for public review of the additional analysis prior to any Agency taking Agency Action on the Project;or 2. determine that the final EIR is inadequate and require the Proponent to file a supplemental final EIR in accordance with 301 CMR 11.07. (d) Single,$ Upon review of a single EIR allowed by the Secretary in accordance with 301 CMR 11.06(8),the Secretaryshall: 1. determine that the single EIR is adequate,even if certain aspects of the Projector issues require additional analysis of technical details,provided that the Secretary finds that the aspects and issues have been clearly described and their nature and general elements analyzed in the EIR or during MEPA review,that the impacts and issues can be fully analyzed prior to any Agency issuing its Section 61 Findings,and that there will be meaningful opportunities for public review of the additional analysis prior to any Agency taking Agency Action on the Project; 6/26198 (Effective 7/1/98) 301 CMR-95 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.08: continued 2. determine that substantive issues remain to be addressed and require the Proponent to file a final EIR in accordance with 3301 CMR 11.07;or 3, determine that the single EIR is inadequate and require the Proponent to file a supplemental single EIR in accordance with 301 CMR 11.07. — (9) Notification of Commencement of Cor tntdon. The Proponent shall notify the Secretary upon Commencement of Construction for any Project for which the Secretary required an EHL 11.09: Special Review procedures (1) CQ= me t. With the consent of the Proponent,and after consulting with any Participating Agency,the Secretary may establish a Special Review Procedure for a Project,notwithstanding the other provisions of 301 CMR 11.00. Among other things,a Special Review Procedure may provide for,review documents other than ENFs and EIRs and other periodic reports to be filed and reviewed;shortened or extended review periods;review of a Project in phases;lapses of time between review documents not requiring a Notice of Project Change; coordination or consolidation of MEPA review with other environmental or development review and permitting processes;and establishment of a CAC. The final review document called for in a Special Review Procedure shall be considered a final EIR A Special Review Procedure may be appropriate,for example,for reviewing a proposed program,regulations,policy,or other Project in which there is more than one Proponent or more than one Participating Agency with a significant role,or a Project that is undefined or is expected to evolve during MEPA review,or _a Project that may benefit.the environment if there is early Commencement of a portion of the Project The Secretary may establish a Special Review Procedure for a Project regardless of its size or complexity. (2) Establishment. The Proponent shall ordinarily request a Special Review Procedure prior to or when filing the ENF. In the certificate establishing the Special Review Procedure,the Secretary shall find that a Special Review Procedure shall serve the purposes of MEPA, including providing meaningful opportunities for public review,analysis of alternatives,and consideration of cumulative environmental impacts. The Proponent may file a Notice of Project Change after the Secretary's decision on the ENF to request a Special Review Procedure or to modify a previously established Special Review Procedure.The Secretary shall publish notice in the Environmental Monitor of: the establishment of a Special Review Procedure;any modification of a Special Review Procedure;the establishment of a CAC;significant events in a Special Review Procedure including meetings of the CAC; and the availability of review documents called for in a Special Review Procedure. (3) Citizens Advisory Committee, When establishing or modifying a Special Review Procedure,the Secretary shall ordinarily(in the case of a Project undertaken by an Agency)or may(in the case of a Project undertaken by a Person)establish a CAC to assist in reviewing the Project. (a) Mombed in of CAC. The CAC shall ordinarily consist of at least ten Persons appointed by the Secretary. The Secretary shall solicit nominations for the CAC when announcing its establishment or modification in the Environmental Monitor from those individuals and entities whose interests are affected by the Project including any neighbor, neighborhood association,ad-hoc committee,business or non-profit organization,Agency, Federal,municipal,or regional governmental entity,or other organization. The Proponent shall be entitled to one representative on the CAC. The membership of the CAC shall be diverse in affiliation and experience and fairly represent a range of viewpoints. (b) Role of o CAC agdng.Special Review Procedure. The CAC shall ordinarily participate in the Special Review Procedure by advising in the Secretary's establishment of the Special Review Procedure and review of review documents called for in the Special Review Procedure,and in the Proponent's review of detailed scopes of service for the consultant and preliminary review of the consultant work product. 626/98 (Effective 711/98) 301 CMR-96 i 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.09: continued (c) Meetines of CAC. The CAC shall establish its own schedule of meetings. The CAC may establish working groups on particular aspects of the Project or issues within the Scope. The CAC shall be entitled to meet monthly with the Proponent and its consultants and shall be kept informed of progress on any review docurnent called for in the Special Review Procedure. The CAC may direct questions concerning the Special Review Procedure to the Proponent or the Secretary. - (d) Staff for CAC. The Secretary may require the Proponent to provide staff support to the CAC such as secretarial services, keeping of minutes, mailings, and arrangement of meetings. In the case of a Project undertaken by an Agency,the Secretary may require the Proponent to transfer funds to assist the Secretary in maintaining the CAC. ' (e) Document Review by CAC. The Proponent shall ordinarily submit a draft of any review document called for in the Special Review Procedure to the CAC at least one month prior to filing the review document with the Secretary. The CAC may suggest changes or additions to the review document prior to the Proponent filing the review document with the Secretary. The CAC may file its-comments with the Secretary prior to or when the Proponent files the review document with the Secretary.The CAC shall present a consensus in its comments to the extent to which its members have reached a consensus,although it may present the diverse views of its members when consensus has not or cannot be attained. The Proponent shall distribute any comments of the CAC or its members with the filed review document,.provided that the CAC or its members file the comments with the Secretary prior to the Secretary publishing notice of the availability of thefiled review document in the Environmental Monitor. i (f) Role of CAC After Special Review Procedure. After the Proponent files the final review document called for in the Special Review Procedure; the CAC may consult with the Secretary and the Proponent to determine whether it shall have any role in any future actions on the Project. (4) Eligible Projects. (a) Pronrammatic Reyiew. The Secretary may establish a Special Review Procedure on the implementation of a program, the promulgation of new or revised regulations, or the development of a policy. Programmatic Review may be appropriate,for example, if the cumulative environmental impacts of Projects requiring individual Agency Actions taken in accordance with the program, regulations or policy may not otherwise be subject to adequate MEPA review or may have similar environmental impacts such that a common assessment may be necessary or appropriate. Programmatic Review shall be designed to assist an Agency in fulfilling its obligations in accordance with M.G.L.c.30,§61 and 301 CMR 11.12(1)to review periodically,to evaluate,and to determine the potential significant environmental impacts of its implementation of its programs,regulations,and policies. (b) Area-Wide Review. The Secretary may establish a Special Review Procedure if a Project may affect a large area or several sites.Area-Wide Review may be appropriate,for example, for master plan areas, watersheds and other ecosystems,roadway and utility condors, redevelopment areas, major public facilities, or large developments to be constructed in phases. Area-Wide Review shall be designed to assist a Proponent in establishing a future baseline in relation to which a Project and its alternatives can tie described and analyzed and its potential environmental impacts and mitigation measures can be assessed. (c) Coordinated Review. The Secretary may establish a Special Review Procedure for a Project to coordinate or consolidate MEPA review with other environmental or development review and permitting processes conducted by any Agency or Federal,municipal;Or regional governmental entity. Coordinated Review may be appropriate,for example, if there is a comprehensive review or permitting process by a Federal, municipal, or regional governmental entity that provides meaningful opportunities for public review, analyzes alternatives,and considers cumulative impacts. Coordinated Review shall be designed to assist the Secretary in-adoptingscopingdecisions by the Agency or entity,deferring to its scoping decisions,issuing joint scoping decisions or accepting a review document prepared in accordance with the statutes and regulations of the Agency or entity as the full or partial equivalent of an ENF,EIR,or other review document. (d) Other Special Review. The Secretary may establish a Special Review Procedure for any other Project. 6/26/98 (Effective 7/1(98) 301 CMR-97 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 1I.09: continued (5) Presumptive Filings. Unless the Secretary has indicated otherwise in the certificate t establishing the Special Review Procedure, the Proponent shall file a final Special Review ' Procedure review document within 18 months following that certificate,and shall file a new Special Review Procedure review document within two years following the certificate on the final Special Review Procedure review document The Secretary may deem the Special Review Procedure closed if the Proponent fails to file a timely review document. The Secretary shall state in the certificate establishing the Special Review Procedure when the Proponent shall file any interim review documents and shall establish the conditions under which the Proponent shall file a Notice of Project Change. (6) Individual Agency Actions, The Secretary shall state in the certificate on the final Special Review Procedure review document whether and to what extent an individual Agency Action taken in accordance with or as part of the Project subject to the Special Review Procedure shall require further MEPA review. The Secretary may find that an individual Agency Action does not require an ENF if it is subject to specified conditions or restrictions,that an ENF is required but may deal with some issues by reference to the Special Review Procedure,or that an ENF is required but that an EIR is presumed not to be required except under circumstances identified during review of the ENF. 1110: Project Chanpes and Lapses of Time _(1) Notice of Proiect Chan for or 'ect Chance. Unless the Secretary has indicated otherwise in the certificate on a review document or as part of a Special Review Procedure,the Proponent shall,and any other Agency or Person may,file a Notice of Project Change with the Secretary if there is any material change in a Project prior to the taking of all Agency Actions for the Project The selection by the Proponent or the imposition as a condition or restriction in a Permit or other relevant review document allowing or approving an Agency Action of any alternative that similarly avoids,minimizes,or mitigates potential environments!impacts shall not constitute a change in the Project,provided that the alternative was previously reviewed in an EIR. The continuation of the Project by a new Proponent shall not by itself constitute a change in the Project,provided that the new Proponent adopts all mitigation measures to which the previous Proponent committed.The Notice of Project Change shall specify in detail any change in the information provided in any previous review document (2) Notice of Prejwt Change for Lapse of Time. Unless the Secretary has indicated otherwise in the Scope or as part of a Special Review Procedure, the Proponent shall, and any other Agency or Person may,file a Notice of Project Change with the Secretary if more than three years have elapsed between the publication of the ENF and the publication of the notice of the availability of the single or final PIR or between: (a) the publication of the notice of the availability of the single or final EIR;and (b) the earlier of 1, notification of Commencement of Construction in accordance with 301 CMR 11.08(9), provided that the Proponent has not thereafter suspended or abandoned construction for more than three years;and 2. commencement of non-construction related work or activity,including expenditure of funds for final design,property acquisition,or marketing,provided that the Proponent has continued to take major steps in a continuous sequence to advance the Project (3) New ENE.for Lam of Time. Unless the Secretary has indicated otherwise in the Scope or as part of a Special Review Procedure,the Secretary shall deem MEPA review of a Project closed if more than five years have elapsed between: (a) the publication of the notice of the availability of the single or final EIR;and (b) the earlier of: 1. notification of Commencement of Construction in accordance with 301 CMR 11.08(9), provided that the Proponent has not thereafter suspended or abandoned construction for more than three years,and 626/98 (Effective 7/1/98) 301 CMR-98 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.10: continued 2. commebcemert of non-construction related work or activity, including expenditure of funds for final design,property acquisition,or marketing,provided that the Proponent has continued to take major steps in a continuous sequence to advance the Project. The Proponent shall file a nein ENF to open a new MEPA review,provided that the new Project meets or exceeds one or more review thresholds. In the certificate on the new ENF,the Secretary shall ordinarily make specific findings regarding segmentation. (4) Looks of Timtr and Aoneac, The period required to pnzaecdte or defend any judicial or administrative appeal relating to MEPA review,any Agency Action or any Federal,municipal or regional governmental permit,license or approval for the Project shall not be counted in determining the three and five year time periods in accordance with 301 CMR 11.10(2)and(3). (5) Notice of Projecrt ChMee Upon 5ecre*stv's Determination. If the Secretary determines that a Proponent has,either knowingly or inadvertently,concealed a material fact or submitted false information during NEPA review,or has segmented the Project,the'Secrctary may consider the determination to be a Notice of Project Change. (6) Stctetary's Consideration of Envirt n rital'Con,sect,-ries. In determining whether a change in a Projgct or the/lapse of time might significantly increase environmental consequences,the Secretary shall consider the following factors: (a) Expansion of the Project A change,m a Project is ordinarily insignificant if it results solely'in an increase in square footage, linear footage, height, depth or other relevant measures of the physicals dimensions of the Project of less than 10% over estimates previously reviewed,provided the increase does not'meet or exceed any review thresholds. (b) Generation of further impacts,including an increase in release or emission of pollutants or contaminants during or after completion of the Project. A change in a Project is ordinarily insignificant if it results solely in an increase in impacts of less than 25%of the level specified in any review threshold,provided that cumulative impacts of the Project do not mat or exceed any review thresholds that were not previously met or exceeded. " (c) Change in expected date for Commencement of the Project, Commencement of Construction,completion date for the Project,or schedule of work on the Project. (d) Change of the Project site. (e) New application for a Permit or New request for Financial Assistance or a Land Transfer. (f) For a Project with net benefits to environmental quality and resources or public health, any change that prevents or materially delays realization of such benefits. (g) For a Project involving a lapse of time, changes in the ambient environment or information concerning the ambient environment. The Proponent may include in a Notice of Project Change an explanation of why the Secretary should deem the change in the Project or the lapse of time to be insignificant in terns of its environmental consequences,with specific reference to these factors and other relevant information. Within ten Days of receiving a Notice of Project Change that includes such an explanation,the Secretary shall respond either with a request for further information or with a determination whether the change in the Project or the lapse of time may have significant environmental consequences. The Secretary's failure so to respond shall have the effect of a determination that the change in the Project or lapse of time does not have significant environmental consequences and shall not require publication and a comment period in accordance with 301 CMR I I.I0(8), provided that the Notice of Project Change has been circulated in accordance with 301 CMR 11.10(7), (7) Circulation of notice of Pmiect Chanze. In the case of a Notice of Project Change filed'by the Proponent,the Proponent shall circulate copies of the Notice of Project Change to any Agency or Person who received the ENF or commented on the ENF or any EIR,prior to or when filing the Notice of Project Change with the Secretary. In the case of a Notice dtProject Change filed by an Agency of Person other than the Proponent,the Agency or Person filing the Notice of Project Change shaifsend a copy to the Proponent prior to or when filing the Notice of Project Change with the Secretary. - - - 6/26/98 (Effective 711198) 301 CMR-99 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.10: continued (8) Public Comment and DecisiQn on Notce of Pmme-t Change. If the Secretary determines ....y that a change in a Project or a lapse of time may have significant environmental coasequences, the Secretary shall:consult as appropriate with the Proponent and any Agency or Person who received the ENF or commented on the ENF, any EIR or any other prior review document; publish notice of the Notice of Project Change in the next issue of the Environmental Monitor, receive into the record written comments from any Agency or Person concerning the need for and the nature of any further MEPA review,within 20 Days following the publication of the notice of the Notice of Project Change;and determine within ten Days after the close of the public comment period whether the change or the lapse of time significantly increases the environmental consequences of the Project such that it warrants further MEPA review by submission of a new ENF or a supplemental EIR,or changes, additions, or deletions to the Scope. (9) Notice of Decision on Notice o£Pmiect Change. The Secretary shall publish notice of any decision on whether to require further MEPA review as a result of a Notice of Project Change in the next Environmental Monitor in accordance with 301 CMR 11.15(2)_ (10) Effects of Further Review. Any further MEPA review as a result of a Notice of Project Change shall be subject to the legal challenge periods in accordance with 301 CMR I I.M The Secretary's decision to require fiather MEPA review as a result of a Notice of Project Change shall not in itself invalidate any Agency Action previously taken by an Agency or any conditions thereof. 11.11: Waivers (1) Standards for All Waivers_ The Secretary may waive any provision or requirement in 301 CMR 11.00 not specifically requited by MEPA and may impose appropriate and relevant conditions or restrictions, provided that the Secretary finds that strict compliance with the provision or requirement would: (a) result in an undue hardship for the Proponent,unless based on delay in compliance by the Proponent;and (b) not serve to avoid or minimize Damage to the Environment. (2) PrestittiWans To Be Rebutted for EIR Waiver. The mandatory BIR review thresholds identify Projects or aspects thereof that are presumed to have particularly significant environmental impacts, and for which an EIR is presumed to benefit the Project and the environment. Consequently,a waiver of an EIR review threshold shall follow the review of an ENT and shall be based on a rebuttal of these presumptions. (3) Dct=inations for EIR Waiver, in the case of a waiver of a mandatory EIR review threshold,the Secretary shall at a minimum base the finding required in accordance with 301 CMR 11.11(1)(b)on a determination that: (a) the Project is likely to cause no Damage to the Environment;and (b) ample and unconstrained infrastructure facilities and services exist to support the Project(in the case of a Project undertaken by an Agency or involving Financial Assistance) or those aspects of the Project within subject matter jurisdiction(in the case of a Project undertaken by a Person and requiring one or more Permits or involving a Land Transfer but not involving Financial Assistance). The Proponent may provide evidence satisfactory to the Secretary that the Agency Action on the Project will contain terms such as a condition or restriction that will cause benefits to environmental resources or quality or infrastructure facilities or services in excess of those that would result in the absence of the waiver. (4) Determinations for Phase One Waiver. In the case of a partial waiver of a mandatory EIR review threshold that will allow the Proponent to proceed with phase one of the Project prior to preparing an EIR,the Secretary shall base the finding required in accordance with 301 CMR 11.1l(1)(b)on a determination that: (a) the potential environmental impacts of phase one,taken alone,are insignificant; (b) ample and unconstrained'rnf wtrucmre facilities and services exist to support phase one; 6/26198 (Effective 7/1198) 301 CMR- 100 301 CMR EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.11: continued (c) the Project is severable,such that phase one does not require the implementation of any other future phase of the Project or restrict the means by which potential environmental impacts from any other phase of the Project may be avoided,minimized or mitigated;and _ (d) the Agency Action on phase one will contain terms such as a condition or restriction in a Permit,contract or other relevant document approving or allowing the Agency Action,or other evidence satisfactory to the Secretary,so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to Commencement of any other phase of the Project. (5) Reguest for Waiver. A Proponent shall request a waiver in writing and shall address with particularity any findings that the Secretary is required to make in accordance with 301 CMR 11-12(l),(2),(3)and(4). The Proponent who requests a waiver shall be deemed to consent to an extension of the review period in accordance with 301 CMR 11.12(6).The Secretary shall publish notice of this request in the next Environmental Monitor in accordance with 301 CMR 11.16(2). (6) Secretary's Decision on Waiver. If the Secretary decides that a waiver request has merit, the Secretary shall prepare a record of decision that describes the Project,the nature and extent of MEPA jurisdiction,and the potential environmental impacts from the Project and mitigation measures, and sets forth the reasons for the waiver, including any findings required in accordance with 301 CMR 11.1 l(1),(2),(3),and(4). The Secretary shall issue a draft record of decision for each waiver or partial waiver of an EIR review threshold and publish the draft _record of decision in the next Environmental Monitor in accordance with 301 CMR 11.15(2), which begins the public comment period.The public comment period lasts for 14 Days,unless extended by the Secretary with the consent of the Proponent. An extension shall not ordinarily exceed 14 Days. During the public comment period,the Secretary shall receive written comments into the record from any Agency or Person concerning the draft record of decision. The Secretary shall issue a final record of decision or a Scope within seven Days after the close /^ of the public comment period. The Secretary shall publish notice of each decision on a waiver request in the next Environmental Monitor in accordance with 301 CMR 11.15(2). 11 12• Agencv Responsibilities and Section 61 Findings (1) Review of Agency Programs. An Agency shall:periodically review and evaluate its own programs,regulations,and policies and determine the potential environmental impacts of its implementation of its programs,regulations,and policies,and ensure that it and each applicant for a Permit,Financial Assistance,or a Land Transfer undertake due compliance with MEPA and 301 CMR 11.00. (2) Determination by anAgency. (a) Prior to Agency Action. An Agency shall determine whether MEPA and 301 CMR 11.00 require MEPA review whenever it expects to take Agency Action on a Project. MEPA review is required only if the Project is subject to MEPA jurisdiction and either it meets or exceeds one or more review thresholds or the Secretary requires fail-safe review. (b) Proponent's Demonstration. A Participating Agency may require the Proponent to demonstrate that a Project does not meet or exceed any review thresholds or that there has been due compliance with MEPA and 301 CMR 11.00,prior to granting a Permit,providing Financial Assistance,or closing a Land Transfer. (c) Agency's Finding. If an Agency determines that MEPA review is not required,the Agency shall, if requested by the Secretary or an applicant for a Permit, Financial Assistance,or a Land Transfer,or the Agency may,on its own initiative,make a finding regarding the determination that specifies any provisions or requirements of MEPA or 301 CMR 11.00 on which the determination is based.and shall famish a copy of the finding to the Secretary or applicant upon request. An Agency's making a finding and furnishing a copy to the Secretary shall not mean that the Secretary has issued an advisory opinion in accordance with 301 CMR 11.01(6). The Agency's finding shall not limit the Secretary's r..,, discretion in issuing an advisory opinion. ;i 6126/98 (Effective 7/1/98) 30t CMR- 101 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS I 11.12: continued (3) Prerea isite8 to Agengv_Action. If.an Agency may take Agency Action on a Project, it — shall: (a) determine in a timely manner whether the Project requires MEPA review in accordance with 301 CMR II.01(2); (b) review any review documents for the Project and participate in MEPA review in accordance with 301 CMR 11.06(4)and 11.08(7); (c) take Agency Action only in accordance with 301 CMR 11.12(4);and (d) in the case of a Project for which the Secretary required an EIR.,prepare Section 61 Findings prior to or when taking Agency Action in accordance with 301 CMR 11.12(5). (4) Timing of Agency Action. (a) Earliest,Time for Agency Action. Unless otherwise required by other applicable statutes or regulations,an Agency may not take Agency Action on a Project that is subject to MEPA jurisdiction and meets or exceeds any review thresholds unless and until the Secretary has determined that an EIR is not required or the Secretary has determined that the single or final EIR is adequate and 60 Days have elapsed following the publication of the notice of the availability of the single or final ETR in the Environmental Monitor. (b) Latest Time for Agency Actio Unless otherwise required by other applicable statutes _ or regulations,a Participating Agency shall take Agency Action by 90 Days from the latest of: 1. the publication of the notice in the Environmental Monitor of the Secretary's _. determination that an EIR is not required; 2, the publication of the notice of the availability of the single or final ETR in the Environmental Monitor,or 3. the filing of a complete application for a Permit or Financial Assistance. (5) Section 61 Findings. In accordance with M.G.L.c.30,§61,any Agency that takes Agency Action on a Project for which the Secretary required an EIR shall detemtine whether the Project is likely,directly or indirectly,to cause any Damage to the Environment and make a finding describing the Damage to the Environment and confirming that all feasible measures have been taken to avoid or minimize the Damage to the Environment. (a) Contents of Section 61 Findings. In all cases,the Agency shall base its Section 61 Findings on the EIR and shall specify in detail: all feasible measures to be taken by the Proponent or any other Agency or Person to avoid Damage to the Environment or,to the extent Damage to the Environment cannot be avoided,to minimize and mitigate Damage to the Environment to the maximum extent practicable;an Agency or Person responsible for funding and implementing mitigation measures,if not the Proponent;and the anticipated implementation schedule that will ensure that mitigation measures shall be implemented prior to or when appropriate in relation to environmental impacts. (b) Section 61 Findings and Agency Action. Provided that mitigation measures are specified as conditions to or restrictions on the Agency Action,the Agency shalt: 1. make its Section 61 Findings part of the Permit,contractor other document allowing or approving the Agency Action, which may include additional conditions to or restrictions on the Project in accordance with other applicable statutes and regulations; or 2. refer in its Section 61 Findings to applicable sections of the relevant Permit,contract or other document approving or allowing the Agency Action. (c) Subiect Matter Jurisdiction Limitations on Section 61 Findings. In the case of a Project undertaken by a Person that requires one or more Permits or a Land Transfer but does not involve Financial Assistance,any Participating Agency shall limit its Section 61 Findings, or any mitigation measures specified as conditions to or restrictions on the Agency Action, to those aspects of the Project that are within the subject matter of any required Permit or within the area subject to a Land Transfer. (d) Pmnosed Section 61 Findings. Proposed Section 61 Findings prepared by a Proponent in accordance with 301 CMR 11.07(6)(k)ate intended to assist a Participating Agency in Rilfilling its obligations in accordance with M.G.L.c.30,§61. The Proponent's preparation of Proposed Section 61 Findings shall not mean that a Participating Agency has made its own Section 61 Findings. Except in accordance with 301 CMR 11.06(4)and 11.08(7),the Proponen's Proposed Section 61 Findings shall not limit an Agency's discretion in making its own Section 61 Findings. 6126/98 (Effective 7!1198) 301 CMR-102 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS , 11.12: continued (e) Filine and Distribution of Section 61 Findings. The Proponent and a Participating Agency shall each file a copy of the Section 61 Findings with the Secretary, who shall publish notice of the availability of the Section 61 Findings in the next Environmental Monitor in accordance with 301 CMR 11.15(2), and shall each circulate copies of the Section 61 Findings to any Agency or Person upon request. (6) Agency Action Taken Without MEPA Compliance. If an Agency takes Agency Action without due compliance with MEPA and 301 CMR 11.00,the Secretary may thereafter require MEPA review,and may require the Agency to reconsider the Agency Action and any conditions thereof following completion of MEPA review. 11.13: Emeraencv Action (1) Commencement of Project for Emergency Action and initial ENF. In the rare case when Commencement of a Project is essential to avoid or eliminate an imminent threat to environmental resources or quality or public health or safety, the Proponent may undertake Commencement of the Project without prior due compliance with MEPA and 301 CMR 11.00 provided that the Proponent shall make all reasonable efforts to obtain the prior written approval of the Secretary. The Proponent shall limit any emergency action taken without prior due compliance with MEPA and 301 CMR 11.00 to the minimum action necessary to avoid or eliminate the imminent threat. The Proponent shall file an initial ENT describing the Project in _as much detail as is then known within ten Days of Commencement of the Project. The initial ENF shall describe all measures taken to avoid or minimize potential environmental impacts from the emergency action,describe any additional measures to be taken to mitigate potential environmental impacts from the emergency action,and list any Agency to which the Proponent provided prior notification of,or from which the Proponent received prior approval for,the emergency action. Within the earlier of 60 Days of Commencement of the Project or when the �! threat is no longer imminent.the Proponent shall undertake full due compliance with MEPA and 301 CMR 11.00 by filing an amended or substitute ENF or any other review document that the Secretary may require after reviewing the initial ENF. (2) EIR After Emergency Action. An EIR for a Project on which the Proponent undertook emergency action shall describe specific alternatives to the emergency action, the necessary duration of the emergency action,and the appropriateness or necessity of undertaking similar action in similar future circumstances. (3) teams or Projects Not Considered Emereenev Action. Any program, regulations, policy,or other Project implemented or undertaken to deal with future emergencies,or periodic recurrence of an emergency condition,shall not be considered an emergency action. 11.14: Legal Challenges . (1) Notice of Intent to Commence Action. An Agency or Person alleging that the Secretary improperly decided that a Project requires an EIR shall provide notice of intent to commence an action or proceeding within 60 Days of the publication of notice of the Secretary's decision in the Environmental Monitor in accordance with 301 CMR 11.15(2). An Agency or Person alleging that the Secretary improperly decided that a single or final EIR complies with MEPA and 301 CMR 11.00 shall provide notice of attent to commence an action or proceeding within 60 Days of the publication of the notice of the availability of the single or final EIR in the Environmental Monitor in accordance with 301 CMR 11.15(2). This notice shall be provided on the form available from the MEPA Office to the Secretary,the Proponent,and the Attorney General. This notice shall include the EOEA file number and shall identify with particularity the reasons why the decision is believed to be improper,and the point during MEPA review at which the matter.complained of was raised. These notice procedures shall substitute for the notice and waiting period required in accordance with M.G.L.c.214,§7A- 6/26/98 (Effective 7/1/98) 301 CMR- 103 301 CMR EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.14: continued (2) Commencement of Action. (a) brProica by a Person An action or proceeding alleging that the Secretary improperly decided that a Project undertaken by a Person requires an EIR shall commence no later than ._ the later of:30 Days following the first issuance of a Permit,grant of Financial Assistance, or closing of a Land Transfer by an Agency;or 60 Days after the publication of the notice of the Secretary's decision in the Environmental Monitor in accordance with 301 CMR 11.15(2). An action or proceeding alleging that a single or final EIR for a Project undertaken by a Person fails to comply with MEPA and 301 CMR 11.00 shall commence no later than 30 Days following the fust issuance of a Permit,grant of Financial Assistance,or closing of a Land Transfer by an Agency. (b) For Proiect. by an Agency An action,-or proceeding alleging that the Secretary improperly decided that a Project undertaken by an Agency requires an EIR shall commence no later than 120 Days after the publicatiornof the notice of the Secretary's decision in the Environmental Monitor in-accordance with 301 CMR 11.15(2). An action or proceeding alleging that a single or final EIR for a Project undertaken by an Agency fails to comply with the requirements of MEPA and 30I CMR 11:00 shall commence no later than 120 Days after the publication of the notice 'of the availability of the single or final EIR in the Environmental Monitor in accordance with 301 CMR 11.15(2). (3) Issue Preclusion:'No allegation shall be made in any action or proceeding challenging a decision by the Secretary unless the matter complained of was raised previously at the —appropriate pointdminglMEPA review,provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to,taise it during MEPA review or that the[natter sought raises critically important issues regarding the potential environmental impacts of the Project. (4) Effect of Court's Determination. If a court determines that a Proponent knowingly concealed a material fact or knowingly submitted false information during MEPA review,there shall be no limit on the manner or time in which an action or proceeding may be oomiiiented and .✓ the Secretary may require the Proponent to repeat any or all of the MEPA review for the Project 11.15: Public Notice and the Environmental Monitor (1) Public Notice of Environmental evicw. The Proponent shall,no sooner than 30 Days prior to and no later than the date of the publication of an ENF in the Environmental Monitor in accordance with 301 CMR 1 L 15(2),publish notice of the filing of the ENF in a newspaper of local circulation in each municipality affected by the Project,or in a newspaper'of statewide circulation if an atected municipality is not served by a local publication. This notice shall be provided using the form available from the MEPA Office. The Proponent shall certify compliance with this section in the ENF. In the case of a Project potentially affecting more than one municipality,the Proponent shall ordinarily consult with the Secretary for specific advice as to publication requiremems. - - (2) Envixq,minrntal Monitor, (a) Cbment . The Secretary shall publish the appropriate pages of the ENF in the next Environmental Monitor after the filing of an ENF. The Secretary shall publish in the Environmental Monitor a draft record of decision on a waiver request in accordance with 301 CMR 11.11(6). The Secretary shall publish notice of the following filings and decisions in the next Em ironmemal Monitor:a request for an advisory opinion in accordance with 301 CMR 11,01(6)(b);a fail-safe decision;a decision whether an EIR is required';the availability of an EIR; a decision on an EIR; matters regarding a Special Review Procedure in accordance with 301 CMR 11.09(2);the filing of a Notice of Project Chinge in accordance with 301 CMR 11.10(g);a decision regarding a Notice of Project Change;a decision on a waiver request;and the filing of Section 61 Findings. The Secretary may publish in the Environmental Monifor notice of: extensions of review periods and deadlines; hearings, workshops,and meetings;and such other matters as the Secretary deems appropriate. 626198 (Effective 711198) 301 CMR• 104 30l CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS , �..� 11.15: continued i (b) Publication Dates. The Secretary shall publish the Environmental Monitor twice each month The Secretary shall publish notice of filings received by the MEPA Office by 5:00 p.m.on the 15th Day of each month in the Environmental Monitor issued seven to ten Days _. thereafter and notice of filings received by the MEPA Office by 5:00 P.M.on the last Day of each month in the Environmental Monitor issued seven to ten Days thereafter. The review periods for ENFs, EIRs, Notices of Project Change, Special Review.Procedure review documents,and draft records of decision shall begin on the date of publication of the next Environmental Monitor. (c) Subscriptions and Distribution. The Secretary shall send the Environmental Monitor to any Agency or Person who requests a subscription in writing and renews the subscription in writing each January. The Secretary shall also send the Environmental Monitor foi public posting to all City and Town Halls and public libraries in the Commonwealth. 11 16- Filing and Circulation (1) Filing with the Secretary. All written communications and review documents required or permitted to be filed with the Secretary in accordance with MEPA and 301 CMR 11.00 shall be addressed as follows: Secretary of Environmental Affairs Attention:MEPA Office [Analyst Name],EDEA No. 100 Cambridge Street-20th floor Boston,Massachusetts 02202 (2) Circulation of ENE. The Proponent shall circulate the ENIF as follows: (a) To MEPA Office. Two copies to the Secretary,Attention:MEPA Office. (b) To Agency and Other Reviewers. One copy to each of the following (or thew successors or assigns): 1. Executive Office of Environmental Affairs-the appropriate Policy director, 2. Department of Environmental Protection(DEP)-Boston office(attention:MEPA Coordinator); the appropriate regional office (attention: MEPA Coordinator); each program from which a Permit will be sought; 3. Executive Office of Transportation and Construction(EOTC); 4. Massachusetts Highway Department- Public/Private Development Unit; and the appropriate district office; S. Massachusetts Aeronautics Commission; 6. Massachusetts Historical Commission; 7. The appropriate regional planning agency(RPA); 8. In each municipality affected by the Project-the city counciVboard of selectmen;the planning board/department;the conservation commission;and the department/board of health; 9. Massachusetts Coastal Zone Management (MCZM)office and the Division of _ Marine Fisheries,if the Project is in a Coastal Zone community; 10. Department of Food and Agriculture,if the Project site has been in agricultural use within the last 15 years; 11. Natural Heritage and Endangered Species Program,if the Project site is within or contains designated significant or estimated habitat,or priority sites of endangered or threatened species or species of special concern in accordance with the Massachusetts Endangered Species Act; 12. Metropolitan District Commission(MDC),if the Project affects MDC roadways, watersheds or other properties; 13. Department of Public Health(DPH),if the Project implicates public health impacts; 14. Department of Telecommunications and Energy and the Energy Facilities Siting Board(EFSB),if the Project is subject to review by EFSB; 15, Massachusetts-Water Resources Authority (MWRA), if the Project is in a :— municipality served by the MWRA; 16. Massachusetts Bay Transportation Authority (MBTA), if the Project is in a municipality served by the MBTA;and 17. Any other Agency from which an Agency Action may be required for the Project. 6/26198 (Effective 7/1/98) 301 CMR-105 � w ✓ 301 CMR: EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 11.16: continued (c) SMuested Conies. The Proponent shalt promptly send a copy of the ENF, free of w charge,to any Agency or Person requesting it during the review period for the ENF. The Proponent shall maintain a list of each Person or Agency requesting a copy,the date of each request,and the date each copy was sent out. The Secretary may extend the review period for the ENF as a result of undue delay by the Proponent in providing copies. (3) Circulation of EIR The Proponent shall circulate the E1R as follows: (a) To the MEPA Office, Three copies to the Secretary,Attention:MEPA Office; (b) To Previous Commenters and Others. One copy,free of charge,to each Person or Agency who previously commented on the ENF and to any other Agency or Person identified by the Secretary in the Scope or thereafter. (c) RcQuested Cgnies The Proponent shall promptly send a copy of the EM to any Agency or Person requesting it during the public comment period, free of charge,except that the Proponent may,with the consent of the Secretary,charge the cost of reproduction for these additional copies. The Proponent shall maintain a list of each Agency or Person requesting a copy,the date of each request,and the dace each copy was sent out. The Secretary may extend the public comment period for the EIR as a result of undue delay by the Proponent in providing copies. (4) List of Addressei. The MEPA Office shall maintain a list of current addresses for each Agency,as well as lists of municipalities by coastal zone,watershed,and DEP,MHD,RPA, — MWRA,and M$TA region or district,and shall make the information available to a Proponent upon request. 11.17: Transition Rules (1) Proieot Without Previous ENF, 301 CMR 11.00 shall apply to any Project for which no ENF was filed prior to the effective date of 301 CMR 11.00,unless all Agency Actions for the Project were taken by each Participating Agency: (a) prior to the effective date o€301 CMR 11.00;or (b) within 60 Days after the effective date of 301 CMR 11.00,provided that the Proponent ` and each Participating Agency certify in writing to the Secretary that the Proponent filed a complete application and that the Participating Agency completed its review of the application for each required Permit or Financial Assistance prior to the effective date of301 CMR 11.00. (2) Project With Previous FNF. 301 CMR 11.00 shall apply to any Project for which an ENF was filed prior to the effective date of 301 CMR 11.00,except that 301 CMR 11.03 shall not apply to any such project and 301 CMR 11.10(3)shall not apply to any such project until one year after the effective date of 301 CMR 11.00. REGULATORY AUTHORITY 301 CMR 11 A0: M.G.L.c.30,§§61 through 62H. (PAGES 107 THROUGH 122 ARE RESERVED FOR FUTURE USE.) 6(26198 (Effective 771/98) 301 CMR- I06 b ENVIRONMENTAL JUSTICE POLICY OF THE EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS "The people shall have the right to clean air and water,freedom from excessive and unnecessary noise,and the natural,scenic,historic,and esthetic qualities of their environment;and the protection of the people in their right to the conservation,development and utilization of the agricultural,mineral,forest,water,air and other natural resources is hereby declared to be a public purpose." Constitution of the Commonwealth of Massachusetts,Article 97. PREAMBLE The Executive Office of Environmental Affairs (EDEA) is charged with developing broad environmental policy. EOEA policies are implemented within a number of departments and offices (agencies)that fall within the purview of the Executive Office of Environmental Affairs (EDEA) secretariat. Those agencies include the Department of Environmental Protection, the Department of Environmental Management,the Department of Fisheries, Wildlife, and Environmental Law Enforcement, the Department of Food and Agriculture, the Metropolitan District Commission, the Massachusetts Environmental Policy Act(MEPA) Office, the Office of Technical Assistance, the Division of Conservation Services, the Massachusetts Environmental Trust, MASSGIS,the Massachusetts Watershed Initiative, and the Office of Coastal Zone Management. Over the past four years, EOEA has been implementing a major policy effort called the Community Preservation Initiative (CPI)to preserve and protect the natural resources of the Commonwealth - community-by-community, watershed-by-watershed. The CPI fosters the involvement of urban, suburban and rural communities in efforts to preserve and protect the state's natural resources, historic and open spaces. As EOEA has visited municipalities across the state, it has become apparent that many communities, particularly in suburban and rural areas, are facing significant challenges as they attempt to guide how and where development occurs while preserving the character of their communities. They are losing their farmlands, forests and open spaces. Other communities, particularly those densely populated urban neighborhoods in and around the state's older industrial areas, are facing a different set of challenges. Residents in these communities live side-by-side numerous existing large and small sources of pollution and old abandoned, contaminated sites, which can pose risks to public health and the environment. By ensuring a healthy living environment and restoring resources that have been degraded in the past, residents can attract new businesses where the infrastructure already exists and create new open spaces that are consistent with the character and needs of their community. For CPI to be successful, all communities must have a strong voice in environmental decision- making regardless of race, income, national origin or English language proficiency. In addition, increased attention must be focused on communities that are built in and around the state's oldest industrial areas where restoration efforts and targeted enforcement is needed, as well as increased investment in the preservation and enhancement of the Commonwealth's open spaces and urban Page 1 of 12 park network. To accomplish these tasks, Secretary Bob Durand hereby adopts this Environmental Justice Policy. This policy was informed by an advisory committee of stakeholders known as the Massachusetts Environmental Justice Advisory Committee (MEJAC), with representatives of community groups, industry, the faith community, academia, and the indigenous community. The direction and vision given by MEJAC was critical to the development of this policy. It was also significantly shaped by comments received during a rigorous seven-month comment period and numerous meetings and discussion sessions with interested parties across the state. Also central to the development of this policy was the advice and commitment of the Environmental Justice Working Group, a multi- agency stakeholder group comprising the Department of Environmental Protection, the Department of Environmental Management, the Department of Fisheries, Wildlife, and Environmental Law Enforcement, the Department of Food and Agriculture, the Metropolitan District Commission, the Massachusetts Environmental Policy Act(MEPA) Office, the Massachusetts Watershed Initiative, the Office of Technical Assistance, the Division of Conservation Services,the Office of Coastal Zone Management,the Department of Housing and Community Development, and the Department of Public Health. LEGAL AUTHORITY The standards set forth below apply to EOEA actions to the full extent permitted by law. Chapter 21A, Section 2 of Massachusetts General Laws describes the functions and duties of the Executive Office of Environmental Affairs. Section 2 provides, generally, that "the office and its appropriate departments and divisions shall carry out the state environmental policy and in so doing they shall . . . develop policies,plans, and programs for carrying out their assigned duties." APPLICABILITY This Environmental Justice Policy applies to all agencies of the Executive Office of Environmental Affairs. Those agencies are the Department of Environmental Protection, the Department of Environmental Management, the Department of Fisheries, Wildlife, and Environmental Law Enforcement, and the Department of Food and Agriculture,the Metropolitan District Commission, the Massachusetts Environmental Policy Act(NEPA) Office, the Office of Technical Assistance, the Division of Conservation Services, the Massachusetts Environmental Trust, MASSGIS, and the Office of Coastal Zone Management. DEFINITIONS Environmental justice is based on the principle that all people have a right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment. Environmental justice is the equal protection and meaningful involvement of all people with respect to the development, implementation,and enforcement of environmental laws, regulations,and policies and the equitable distribution of environmental benefits. Page 2 of 12 f "Cleaner Production"means a manufacturing process or approach to manufacturing production that is based on toxics use reduction and pollution prevention and that strives to incorporate the following components: waste reduction, non-polluting production, energy efficiency, safe and healthy work environments, and environmentally sound products and packaging. "Equal Protection"means that no group of people, because of race, ethnicity, class, gender, or handicap bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or have limited access to natural resources, including greenspace (open space) and water resources. "Environmental Benefits"means access to funding, open space, enforcement,technical assistance; training, or other beneficial resources disbursed by EDEA, its agencies; and its offices. "Environmental Justice Population"means a neighborhood whose annual median household income is equal to or less than 65 percent of the statewide median or whose population is made up 25 percent Minority, Foreign Born, or.Lacking English Language Proficiency. "Foreign Born "refers to individuals who identify themselves on federal census forms as not U.S. citizens at birth. "Lacking English Language Proficiency"refers to households that, according to federal census forms, do not have an adult proficient in English. "Low Income" means median annual household income at or below 65 percent of the statewide median income for Massachusetts, according to federal census data. "Meaningful Involvement"means that all neighborhoods have the right to participate in partnership with government in environmental decision-making including needs assessment, planning, implementation, enforcement, and evaluation, and neighborhoods are enabled and administratively assisted to participate fully through education and training means, and encouraged to develop environmental stewardship. 'MEPA" is the Massachusetts Environmental Policy Act, M.G.L. Ch.30, Sections 61-62H. Under the MEPA statute, EOEA reviews the potential environmental impacts of state agency actions that exceed certain regulatory thresholds. MEPA involves public review and comment, and is subject to strict statutory deadlines on the length of reviews. "Minority" refers to individuals who identify themselves on federal census forms as non-white or Hispanic. 'Neighborhood" means a census block group as defined by the U.S. Census Bureau but not including people who live in college dormitories or people under formally authorized, supervised care or custody (i.e. in federal or state prisons). Page 3 of 12 "Supplemental Environmental Project"means the performance of environmentally beneficial projects in the settlement of environmental enforcement cases as set forth in "Interim Policy on Supplemental Environmental Projects," Department of Environmental Protection Policy ENF- 97.005. STATEMENT OF PURPOSE It is the policy of the Executive Office of Environmental Affairs that environmental justice shall be an integral consideration to the extent applicable and allowable by law in the implementation of all EOEA programs, including but not limited to, the grant of financial resources, the promulgation, implementation and enforcement of laws, regulations, and policies, and the provision of access to both active and passive open space. Nationally, the need for environmental justice has been most widely recognized in communities of color and low-income communities. This policy builds on the national environmental justice framework in ways that reflect the needs and circumstances specific to Massachusetts. It targets EOEA resources to service those high-minority/low-income neighborhoods in Massachusetts where the residents are most at risk of being unaware of or unable to participate in environmental decision-making. Working with these EJ Populations, EOEA will take direct action as part of the implementation of this policy to restore degraded natural resources (21E hazardous waste/brownfield sites), to increase access to open space and parks, and to address environmental and health risks associated with existing and potential new sources of pollution by: • Enhancing opportunities for residents to participate in environmental decision-making; • Enhancing the environmental review of new or expanding large sources of air emissions and regional waste facilities in these neighborhoods; • Ensuring that all existing facilities in these neighborhoods comply with all environmental rules and regulations; and • Encouraging investment in economic growth in these neighborhoods where there is existing infrastructure, in particular where an opportunity exists to clean up a contaminated site and encourage its clean, productive use. i This policy is not intended to eliminate or in any way minimize EOEA's responsibility to address environmental justice concerns that are raised outside the designated EJ Populations. In fact,this policy is intended to reinforce and enhance EOEA efforts to meet the existing legal mandates in Title VI of the federal Civil Rights Act of 1964, which apply to all recipients of federal financial assistance, including all EOEA agencies. These mandates preclude any EOEA agency or program from using criteria or methods of administration, which have the effect of subjecting individuals to discrimination because of their race, color, or national origin. 40 C.F.R. § 7.35(b). They also preclude any EOEA agency or program from deeming a site suitable or locating a facility where it will have discriminatory effects on the basis of race, color, or national origin. 40 C.F.R. § 7.35(c). The legal requirements of Title VI of the federal Civil Rights Act of 1964 and 40 C.F.R. Part 7, Subpart B ("Nondiscrimination in Programs Receiving Federal Assistance from the Environmental Protection Agency") imposed on recipients of federal financial assistance are incorporated into this policy by reference. Page 4 of 12 e � Environmental Justice Populations EJ Populations are those segments of the population that EOEA has determined to be most at risk of being unaware of or unable to participate in environmental decision-making or to gain access to state environmental resources. They are defined as neighborhoods(U.S. Census Bureau census block groups)that meet one or more of the following criteria: • The median annual household income is at or below 65 percent of the statewide median income for Massachusetts; or • 25 percent of the residents are minority; or • 25 percent of the residents are foreign born,or • 25 percent of the residents are lacking English language proficiency. Map 1 is incorporated as part of this policy to identify the EJ Populations for the purpose of this policy, based on 2000 U.S. Census data currently available to MASSGIS. It identifies the neighborhoods in Massachusetts that meet one or more of the above criteria. Servicing EJ Populations Many of these EJ Populations are located in densely populated urban neighborhoods, in and around the state's oldest industrial sites, while some are located in suburban and rural communities. These high-minority/low-income neighborhoods encompass only a small portion of the land area of the Commonwealth but they host, or are in close proximity to, many of the state's contaminated and abandoned sites and large sources of air emissions.' Given the environmental and health risks associated with degraded natural resources(21 E hazardous waste/brownfield sites) and the presence of multiple air sources, this policy identifies below a number of specific services to be provided to EJ Populations by the Secretary, EOEA agencies and other related state agencies. These services are designed to enhance public participation, target compliance and enforcement, enhance the review of new large air sources and regional waste facilities, and encourage economic growth through the cleanup and redevelopment of brownfields sites. Office of the Secretary 1. The Director of Environmental Justice and Brownfields Programs. EOEA has established a policy position entitled The Director of Environmental Justice and Brownfields Redevelopment (The Director) within the Office of the Secretary. The Director acts as the initial point of contact on all environmental justice matters and shall coordinate the implementation of this policy,track progress and prepare annual reports for public distribution. The Director shall develop a workplan and timeline for the implementation of the policy within the Office of the Secretary. 2. EJ Training. EOEA shall provide an introductory environmental justice training program for EOEA secretariat employees, watershed teams, and for municipalities that may be 'EJ Populations encompass approximately 5%of the land area of the Commonwealth and are home to about 29%of the population. The attached Maps 2 and 3 show the location of EJ Populations in relation to the location of large sources of air emissions and hazardous waste(21E)sites,respectively. Page 5 of 12 seeking to claim EJ "bonus credit" for grant programs, enforcement, or for any other resources prioritized or focused on neighborhoods where EJ Populations reside. The following staff must receive environmental justice training: a) staff serving on Regional Agency EJ Outreach Teams (see below); b) staff disbursing grants to municipalities, individuals, and organizations for the provision of open space, river maintenance or restoration, education, and technical assistance; c) MEPA staff, and d) EJ Working Group. 3. Fact Sheets. EOEA shall develop fact sheets on MEPA, Urban Self Help, Massachusetts Environmental Trust, and other programs to inform residents in neighborhoods where EJ Populations reside that these programs exist and how they function. These fact sheets may be made available in languages other than English upon request. 4. EJ Mailing List. EOEA shall develop an "EJ Mailing List" of interested members of EJ Populations, non-profit organizations, and others. This list will be distributed to EOEA agencies and programs to be incorporated into mailing lists for newsletters and other general outreach information. 5. Alternative Media Outlets. EOEA shall develop a list of alternative information outlets to be made available to EOEA agencies seeking public comments and to project proponents who may be asked to publish public notices for projects that are in or may otherwise impact EJ Populations. 6. Information Repositories. Upon request, EOEA shall consider the use of information repositories in neighborhoods where EJ Populations reside other than and in addition to normal repositories, such as public libraries. 7. EJ Course Added to CPI. EOEA shall work with the University of Massachusetts to develop a new course in EJ for the Community Preservation Institute (CPI), a community capacity-building training program. This course shall be offered as part of the Community Preservation Institute by no later than Spring Semester 2003. 8. Regional Agency EJ Outreach Teams. EOEA shall establish Regional Agency EJ Outreach Teams of EJ liaisons from each agency and region. The first meeting of the Regional Agency EJ Outreach Teams shall be no later than October 30, 2002. The Teams shall meet with neighborhood residents and community-based organizations to achieve the following goals: a. To open lines of communication with local neighborhood groups through routine meetings, b. To establish specific task forces, c. To further identify languages issues, d. To identify a list of community-based projects (for grant funding, for consideration as potential MEPA mitigation, and to develop a list of Supplemental Environmental Projects for DEP), e. To allow issues with existing facilities to be raised and addressed, f. To assist DEP and other agencies with targeting enforcement, Page 6 of 12 g. To assist the Office of Technical Assistance (OTA) and other agencies with targeting assistance; and h. To identify potential economic development opportunities that promote cleaner production and sustainable business practices. 9. EJ Working Group. EOEA has established and will continue to coordinate the efforts of an EJ Working Group made up of senior-level managers from each EOEA agency and other relevant agencies. The EJ Working Group seeks to maximize state resources, research, and technical assistance to further the goals of this policy and includes work with the Department of Economic Development (DED), the Department of Housing and Community Development (DHCD), and the Department of Public Health (DPH)to ensure Environmental Justice concerns are evaluated and addressed. 10. EJ Maps. MASSGIS has prepared Map 1•based on 2000 U.S. Census data to identify EJ Populations to be serviced by this policy. MASSGIS will update this map at least every ten years as new U.S. Census data becomes available. EOEA Agency Services General Requirements 11. Agency EJ Strategies. Agencies shall develop their own strategies to proactively promote environmental justice in all neighborhoods in ways that are tailored to the specific mission of each agency. In addition to the particular services already specified below, EOEA agencies shall identify and promote agency-sponsored projects, funding decisions, rulemakings or other actions intended to further environmental justice in the Commonwealth. Working with the Regional Agency Action Teams and the EJ Working Group, agencies shall finalize their agency strategies no later than March 1, 2003. 12. Senior-Level Commitment. All EOEA agencies shall designate senior-level managers to participate in and actively support the EJ Working Group and the Regional Agency EJ Outreach Teams. Enhancing Public Participation 13. Agency Public Participation Programs. As part of their EJ strategies, all EOEA agencies shall have an inclusive, robust public participation program that focuses agency resources on outreach activities that enhance public participation opportunities for agency activities that potentially affect EJ Populations. Each EDEA agency must create a Public Participation Strategy. In developing these public participation plans, agencies shall consider the following outreach efforts: • Scheduling public meetings or hearings at locations and times convenient for neighborhood stakeholders; • Translating public notices into other languages; • Offering interpreters and translated documents at public meetings; Page 7 of 12 • Providing notices as early as possible to all neighborhoods potentially impacted by a decision; and • Assisting EJ Populations with grant applications and questions about environmental regulations to assist them with compliance and sustainability. 14. Enhanced Public Participation Under MEPA.2 As part of the Secretary's commitment to Environmental Justice, enhanced public participation will be required for the following projects as they undergo review in accordance with MEPA: • (1) Any project that exceeds an Environmental Notification Form (ENF)threshold for air, solid and hazardous waste (other than remediation projects), or wastewater and sewage sludge treatment and disposal3; and • (2)The project site is located within one mile of an EJ Population (or in the case of projects exceeding an ENF threshold for air, within five miles of an EJ Population). Enhanced public participation may include,use of alternative media outlets such as community or ethnic newspapers, use of alternative information repositories, and translation of materials or interpretation services at public meetings where the relevant EJ Population uses a primary language other than English in the home. Enhancing the Review of New MEPA Projects in EJ Populations 15. Enhanced Analysis of Impacts and Mitigation Under MEPA.4 In addition to the enhanced public participation requirements specified in paragraph 14 above, projects undergoing MEPA review shall require enhanced analysis of impacts and mitigation for an Environmental Impact Report(EIR) scope under the following two conditions: • (1) The project exceeds a mandatory EIR threshold for air, solid and hazardous waste (other than remediation projects), or wastewater and sewage sludge treatment and disposal; and • (2) The project site is located within one mile of an EJ Population (or in the case of projects exceeding a mandatory EIR threshold for air, within five miles of an EJ Population)5. Enhanced analysis of impacts and mitigation may include analysis of multiple air.impacts; data on baseline public health conditions within the affected EJ Population;-analysis of technological, site planning, and operational alternatives to reduce impacts;.and proposed on-site and off-site mitigation measures to reduce multiple impacts and increase environmental benefits for the affected EJ Population. The project proponent may submit z Projects that have filed an Environmental Notification Form prior to October 1,2002,shall not be subject to Sections 14 or 15,unless there is a subsequent material chance in the proposed project. 3 The applicable MEPA thresholds for an ENF are codified at 301 CMR 11.03(5)(b)(1),301 CMR 11.03(5)(b)(2), 301CMR 11.03(5)(b)(5),301 CMR 11.03 (8)(b),and 301 CMR 11.03(9)(b). .- I Projects that have filed an Environmental Notification Form prior to October 1,2002,shall not be subject to Sections 14 or 15,unless there is a subsequent material change in the proposed project. ' 'The applicable MEPA thresholds for an EIR are codified at 301CMR 11.03(5)(a)(1),301 CMR 11.03(5)(a)(6),301 CMR I1.03(8)(a),and 301 CMR I1.03(9)(a). Page 8 of 12 i actual air modeling data on the project's area of potential air impacts in its EIR to modify the presumed five-mile impact area referred to in condition (2) above. Targeting Compliance, Enforcement and Technical Assistance 16. Outreach. Regional Agency EJ Outreach Teams outlined above shall work with local neighborhoods to identify enforcement priorities on a local basis. 17. Targeted Inspections, Enforcement and Assistance. DEP shall prioritize neighborhoods where EJ Populations reside when selecting sectors and facilities for inspection and monitoring, prosecuting non-compliance, providing compliance assistance and allocating resources. 18. Community -Based Projects. DEP shall communicate the list of community-based projects generated by the EJ Regional Agency Outreach Teams when negotiating return to compliance agreements (i.e., Supplemental Environmental Projects or SEPs). 19. Compliance Assistance. On a regular and ongoing basis, EOEA agencies shall assist federal agencies, boards of local health and community-based organizations in neighborhoods where EJ Populations reside in addressing compliance matters related to the EOEA agency's jurisdiction. 20. OTA Services. On a regular and ongoing basis, OTA shall offer services to new and expanding facilities in neighborhoods where EJ Populations reside through its"Right from the Start"program to give advice on toxic use reduction. 21. Public Health. EOEA and DEP have been meeting regularly and shall continue to meet regularly with DPH to coordinate on environmental issues potentially affecting public health, including matters related to exposures from multiple sources of pollution. Investments in the Economy and Open Space Promoting Brownfields Revitalization as Environmental Restoration 22. Remediation Projects. EOEA has acknowledged the environmental benefits of brownfields revitalization in its 1998 revisions to the MEPA regulations, which focus on future impacts. The regulatory revisions eliminated all thresholds for hazardous waste remediation, as well as those based solely on project size or cost. 23. Brownfield Reuse as Restoration. Brownfield projects that do trigger MEPA may be considered as environmental restoration projects comparable to dam removal and wetland restoration projects, allowing for potential expedited review. In making its decision, EOEA will consider the extent to which the new proposal would prevent pollution and eliminate or minimize risks to public health and the environment. P f12 Page 9 0 24. Brownfields Grants and Loans. EOEA has determined that site assessment grants and loans from the Brownfields Redevelopment Fund administered under the Massachusetts Brownfields Act by Mass Development do not qualify as state financial assistance for the purposes of triggering MEPA review. 25. Tax Credits. EOEA has determined that investment tax credits for equipment, tenant fit- ups, and other post-development activities do not qualify as state financial assistance for the purposes of MEPA review. 26. Brownfields Inventory. EOEA shall support the U-CIP Brownfields Inventory Project that has been spearheaded by the Governor's Office for Brownfield Revitalization. This support shall include, at a minimum, one full-time EDEA employee who shall be on assignment to this project for fiscal year 2003 or longer, partial funding for the project, and the assistance of DEP and MASSGIS. 27. Enhanced Funding. EOEA has earmarked $1,000,000 in additional capital funding for fiscal year 2003 to support DEP efforts to identify,track, and remediate 21 E sites located in the neighborhoods where EJ Populations reside. Selection for sites where these funds will be spent shall involve public input 28. Technical Assistance Grants. As a part of its Technical Assistance Grant Program, DEP shall incorporate environmental justice as a criterion for awarding grants to non-profit organizations. 29. 21E Technical Assistances. DEP shall prioritize technical assistance to neighborhoods with 21 E sites located in neighborhoods where EJ Populations reside. 30. Municipal Outreach. DEP shall prioritize municipal outreach to neighborhoods with 21E sites located in neighborhoods where EJ Populations reside. 31. AUL Audits. Environmental Justice shall be a factor in establishing priorities for Activity Use Limitation (AUL) audits. 32. Targeted 21E Investigations. DEP shall incorporate environmental justice as a criterion in prioritizing the investigation of potential 2 1 E sites. 33. Reduction on Cost Recovery. DEP shall take environmental justice into consideration when negotiating cost recovery on 21 E sites located in neighborhoods where EJ Populations reside. 34. Back Taxes to Municipalities. DEP shall provide for commensurate cost recovery.to municipalities for"back taxes" (exclusive of interest and penalties) on 21 E sites located in neighborhoods where EJ Populations reside. For example, if DEP recovers 20 percent of a lien, DEP shall pay 20 percent on municipal property taxes owed on the property if it is located in a neighborhood where an EJ Population resides. Page 10 of 12 35. NRD Waivers. EOEA has on an ad hoc basis, waived natural resource damages (NRD) for covenants-not-to-sue under the Brownfields Act. EOEA shall work with the Massachusetts Office of the Attorney General to develop guidelines for NRD waivers on projects that promote sustainable reuses on brownfields sites located in neighborhoods where EJ Populations reside. These guidelines must be in place no later than October 31, 2002. 36. Brownfields Partnerships. EOEA shall continue to work with the Department of Economic Development,the Governor's Office for Brownfields Revitalization, MassDevelopment, the Massachusetts Office of the Attorney General, DHCD, and other agencies to maximize brownfields remediation and redevelopment programs and to promote cleaner production infill development in neighborhoods where EJ Populations reside. Promoting Economic Partnerships 37. DED. EOEA has and shall continue to work with the Department of Economic Development to promote economic development projects that incorporate cleaner production practices in neighborhoods where EJ populations reside. 38. SACC. With the assistance of DED,EOEA shall formally request that the Economic Assistance Coordinating Council (EACC) adopt a proposal that would encourage new and existing manufacturing operations that are seeking incentives through the Economic Development Incentive Program to consult with OTA on cleaner production manufacturing practices. 39. MOBD. The Massachusetts Office of Business Development has offered to participate in the Regional Agency EJ Outreach teams in order to more effectively link the issues of economic and environmental justice at the neighborhood level. 40. DHCD. EOEA shall work closely with DHCD to maximize the benefit of its resources on issues of growth and community development in neighborhoods where EJ Populations reside. Promotion of Open Space 41. Targeted Open Space Resources. EOEA shall endeavor to target its resources to more effectively create, restore, and maintain open spaces located in neighborhoods where EJ Populations reside. 42. USH. EOEA has amended the Urban Self Help(USH) regulations to incorporate environmental justice into the award scoring system. 43. Riverways and MET. EDEA shall work with the Riverways Program and the Massachusetts Environmental Trust (MET)to develop systems for incorporating environmental justice as a criterion for awarding grants with the goal of having these systems in place by the next funding cycle for these grant programs. Page I l of 12 44. ILC. The Interagency Land Committee (ILC), that includes the MDC, DFWELE, and DEM shall make it a priority to promote preserving and restoring open spaces in neighborhoods where EJ Populations reside. 45. Watersheds. The Massachusetts Watershed Initiative shall work to identify and address environmental justice issues and to identify and reclaim brownfields sites impacting or threatening watersheds. DISCLAIMERS This policy is not intended to supersede existing law or regulation. EOEA agencies shall implement this policy consistent with, and to the extent permitted by, existing law. This policy is intended only to improve the internal management of EOEA agencies and is not intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against EDEA, its agencies, its officers, or any person. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance of EDEA, its agencies, its officers, or any other person with this policy. This policy is not intended to regulate agencies outside the EOEA secretariat, except to the extent that those agencies have decisions pending before EOEA agencies. This policy is not intended to interfere with, supercede, or create any new obligations on the Energy Facility Siting Board, an entity which is not by law or otherwise a part of the EOEA secretariat. EFFECTIVE DATE This Environmental Justice Policy is effective immediately upon execution. Every three years the Secretary will review the policy and its implementation and may, after soliciting public input, amend the policy to more effectively serve its purposes. EXECUTION Executed this 9`h day of October, 2002 at Boston, Massachusetts. By: Bob Durand Secretary for Environmental Affairs Page 12 of 12 MEPA Regulations Section 11.03 Page 1 of 8 N MaSSsJfW k Mass.Gov Home Page �StatR Gov¢rnmen/ 1 State Online_SMice�, Massachusetts Environmental Policy MEPAExecutive Office of Environmental Affairs, 100 Cambridge S Deval L.Patrick,Governor I Timothy P.Murray,Lt.Governor I Ian A.I MEPA.Home Page 301 CMR 11.00: MEPA REGULATIONS Section 11.03: Review Thresholds The review thresholds identify categories of Projects or aspects thereof of a nature, size or location that are likely, directly or indirectly, to cause Damage to the Environment. Except when the Secretary requires fail-safe review, the review thresholds determine whether MEPA review is required. MEPA review is required when one or more review thresholds are met or exceeded and the subject matter of at least one review threshold is within MEPA jurisdiction. A review threshold that is met or exceeded specifies whether MEPA review shall consist of an ENF and a mandatory EIR or of an ENF and other MEPA review if the Secretary so requires. The subject matter of a review threshold is within MEPA jurisdiction when there is full-scope jurisdiction (i.e., the Project is undertaken by an Agency or involves Financial Assistance) or when the subject matter of the review threshold is conceptually or physically related to the subject matter of one or more required Permits (provided that the review thresholds for Land and Areas of Critical Environmental Concern shall be considered to be related to the subject matter of any required Permit) or the area subject to a Land Transfer. The review thresholds do not apply to: a lawfully existing structure, facility or activity; Routine Maintenance; a Replacement Project; or a Project that is consistent with a Special Review Procedure review document, or other plan or document that has been prepared with the express purpose of assessing the potential environmental impacts from future Projects, has been reviewed as such in accordance with MEPA and 301 CMR 11.00, and has been allowed or approved by any Participating Agency, unless the filing of an ENF and an EIR was required by a decision of the Secretary on any such review document, plan or document. The review thresholds are the following: (1) Land. (a) ENF and Mandatory EIR. 1. Direct alteration of 50 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices. 2. Creation of ten or more acres of impervious area. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Direct alteration of 25 or more acres of land, unless the Project is consistent with an approved conservation farm plan or forest cutting plan or other similar generally accepted agricultural or forestry practices. 2. Creation of five or more acres of impervious area. 3. Conversion of land held for natural resources purposes in accordance with Article 97 of the Amendments to the Constitution of the Commonwealth to any http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/301cmrl103.htm 3/21/2008 MEPA Regulations Section 11.03 Page 2 of 8 purpose not in accordance with Article 97. 4. Conversion of land in active agricultural use to nonagricultural use, provided the land includes soils classified as prime, state-important or unique by the United States Department of Agriculture, unless the Project is accessory to active agricultural use or consists solely of one single family dwelling. 5. Release of an interest in land held for conservation, preservation or agricultural or watershed preservation purposes. 6. Approval in accordance with M.G.L. c. 121A of a New urban redevelopment project or a fundamental change in an approved urban redevelopment project, provided that the Project consists of 100 or more dwelling units or 50,000 or more sf of non-residential space. 7. Approval in accordance with M.G.L. c. 121 B of a New urban renewal plan or a major modification of an existing urban renewal plan. (2) Rare Species. (a) ENF and Mandatory EIR. None. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Alteration of designated significant habitat. 2. Taking of an endangered or threatened species or species of special concern, provided that the Project site is two or more acres and includes an area mapped as a Priority Site of Rare Species Habitats and Exemplary Natural Communities. (3) Wetlands Waterways and Tidelands. (a) ENF and Mandatory EIR. 1. Provided that a Permit is required: a. alteration of one or more acres of salt marsh or bordering vegetating wetlands; or b. alteration of ten or more acres of any other wetlands. 2. Alteration requiring a variance in accordance with the Wetlands Protection Act. 3. Construction of a New dam. 4. Structural alteration of an existing dam that causes an Expansion of 20% or any decrease in impoundment Capacity. 5. Provided that a Chapter 91 License is required, New non-water dependent use or Expansion of an existing non-water dependent structure, provided the r structure occupies one or more acres of waterways use o ucture occu s or tidelands. P Y (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Provided that a Permit is required: a. alteration of coastal dune, barrier beach or coastal bank; b. alteration of 500 or more linear feet of bank along a fish run or inland bank; c. alteration of 1,000 or more sf of salt marsh or outstanding resource waters; d. alteration of 5,000 or more sf of bordering or isolated vegetated wetlands; e. New fill or structure or Expansion of existing fill or structure, except a pile-supported structure, in a velocity zone or regulatory floodway; or f. alteration of one half or more acres of any other wetlands. 2. Construction of a New roadway or bridge providing access to a barrier http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/301cmrl103.htm 3/21/2008 i MEPA Regulations Section 11.03 Page 3 of 8 beach or a New utility line providing service to a structure on a barrier beach. 3. Dredging of 10,000 or more cy of material. 4. Disposal of 10,000 or more cy of dredged material, unless at a designated in-water disposal site. 5. Provided that a Chapter 91 License is required, New or existing unlicensed non-water dependent use of waterways or tidelands, unless the Project is an overhead utility line, a structure of 1,000 or less sf base area accessory to a single family dwelling, a temporary use in a designated port area, or an existing unlicensed structure in use prior to January 1, 1984. 6. Construction, reconstruction or Expansion of an existing solid fill structure of 1,000 or more sf base area or of a pile-supported or bottom-anchored structure of 2,000 or more sf base area, except a seasonal, pile-held or bottom-anchored float, provided the structure occupies flowed tidelands or other waterways. (4) Water. (a) ENF and Mandatory EIR. 1. New withdrawal or Expansion in withdrawal of: a. 2,500,000 or more gpd from a surface water source; or b. 1,500,000 or more gpd from a groundwater source. 2. New interbasin transfer of water of 1,000,000 or more gpd or any amount determined significant by the Water Resources Commission. 3. Construction of one or more New water mains ten or more miles in length. 4. Provided that the Project is undertaken by an Agency, New water service to a municipality or water district across a municipal boundary through New or existing pipelines, unless a disruption of service emergency is declared in accordance with applicable statutes and regulations. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. New withdrawal or Expansion in withdrawal of 100,000 or more gpd from a water source that requires New construction for the withdrawal. 2. New withdrawal or Expansion in withdrawal of 500,000 or more gpd from a water supply system above the lesser of current system-wide authorized withdrawal volume or three-years' average system-wide actual withdrawal volume. 3. Construction of one or more New water mains five or more miles in length. 4. Construction of a New drinking water treatment plant with a Capacity of 1,000,000 or more gpd. 5. Expansion of an existing drinking water treatment plant by the greater of 1,000,000 gpd or 10% of existing Capacity. 6. Alteration requiring a variance in accordance with the Watershed Protection Act, unless the Project consists solely of one single family dwelling. 7. Non-bridged stream crossing 1,000 or less feet upstream of a public surface drinking water supply for purpose of forest harvesting activities. (5) Wastewater. (a) ENF and Mandatory EIR. 1. Construction of a New wastewater treatment and/or disposal facility with a Capacity of 2,500,000 or more gpd. 2. New interbasin transfer of wastewater of 1,000,000 or more gpd or any amount determined significant by the Water Resource Commission. 3. Construction of one or more New sewer mains ten or more miles in length. http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/301cmrl103.htm 3/21/2008 MEPA Regulations Section 11.03 Page 4 of 8 4. Provided that the Project is undertaken by an Agency, New sewer service to a municipality or sewer district across a municipal boundary through New or existing pipelines, unless an emergency is declared in accordance with applicable statutes and regulations. 5. New discharge or Expansion in discharge of any amount of sewage, industrial waste water or untreated stormwater directly to an outstanding resource water. 6. New Capacity or Expansion in Capacity for storage, treatment, processing, combustion or disposal of 150 or more wet tpd of sewage sludge, sludge ash, grit, screenings, or other sewage sludge residual materials, unless the Project is an Expansion of an existing facility within an area that has already been sited for the proposed use in accordance with M.G.L. c. 21 or M.G.L. c. 83, section 6. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Construction of a New wastewater treatment and/or disposal facility with a Capacity of 100,000 or more gpd. 2. Expansion of an existing wastewater treatment and/or disposal facility by the greater of 100,000 gpd or 10% of existing Capacity. 3. Construction of one or more New sewer mains: a. that will result in an Expansion in the flow to a wastewater treatment and/or disposal facility by 10% of existing Capacity; b. five or more miles in length; or c. 1/2 or more miles in length, provided the sewer mains are not located in the right of way of existing roadways. 4. New discharge or Expansion in discharge: a. to a sewer system of 100,000 or more gpd of sewage, industrial waste water or untreated stormwater; b. to a surface water of: i. 100,000 or more gpd of sewage; ii. 20,000 or more gpd of industrial waste water; or iii. any amount of sewage, industrial waste water or-untreated stormwater requiring a variance from applicable water quality regulations; or c. to groundwater of: i. 10,000 or more gpd of sewage within an area, zone or district established, delineated or identified as necessary or appropriate to protect a public drinking water supply, an area established to protect a nitrogen sensitive embayment, an area within 200 feet of a tributary to a public surface drinking water supply, or an area within 400 feet of a public surface drinking water supply; ii. 50,000 or more gpd of sewage within any other area; iii. 20,000 or more gpd of industrial waste water; or iv. any amount of sewage, industrial waste water or untreated stormwater requiring approval by the Department of Environmental Protection of a variance from Title 5 of the State Environmental Code for New construction. 5. New Capacity or Expansion in Capacity for: a. combustion or disposal of any amount of sewage sludge, sludge ash, grit, screenings, or other sewage sludge residual materials; or b. storage, treatment, or processing of 50 or more wet tpd of sewage sludge or sewage sludge residual materials. http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/30lcmrl103.htm 3/21/2008 NMPA Regulations Section 11.03 Page 5 of 8 (6) Transportation. (a) ENF and Mandatory EIR. 1. Unless the Project consists solely of an internal or on-site roadway or is located entirely on the site of a non-roadway Project: a. construction of a New roadway two or more miles in length; or b. widening of an existing roadway by one or more travel lanes for two or more miles. 2. New interchange on a completed limited access highway. 3. Construction of a New airport. 4. Construction of a New runway or terminal at an existing airport. 5. Construction of a New rail or rapid transit line along a New, unused or abandoned right-of-way for transportation of passengers or freight (not including sidings, spurs or other lines not leading to an ultimate destination). 6. Generation of 3,000 or more New adt on roadways providing access to a single location. 7. Construction of 1,000 or more New parking spaces at a single location. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Unless the Project consists solely of an internal or on-site roadway or is located entirely on the site of a non-roadway Project: a. construction of a New roadway one-quarter or more miles in length; or b. widening of an existing roadway by four or more feet for one- half or more miles. 2. Construction, widening or maintenance of a roadway or its right-of- way that will: a. alter the bank or terrain located ten more feet from the existing roadway for one-half or more miles, unless necessary to install a structure or equipment; b. cut five or more living public shade trees of 14 or more inches in diameter at breast height; or c. eliminate 300 or more feet of stone wall. 3. Expansion of an existing runway at an airport. 4. Construction of a New taxiway at an airport. 5. Expansion of an existing taxiway at Logan Airport. 6. Expansion of an existing terminal at Logan Airport by 100,000 or more sf. 7. Expansion of an existing terminal at any other airport by 25,000 or more sf. 8. Construction of New or Expansion of existing air cargo buildings at an airport by 100,000 or more sf. 9. Conversion of a military airport to a non-military airport. 10. Construction of a New rail or rapid transit line for transportation of passengers or freight. 11. Discontinuation of passenger or freight service along a rail or rapid transit line. 12. Abandonment of a substantially intact rail or rapid transit right-of- way. 13. Generation of 2,000 or more New adt on roadways providing access h ://www.mass. ov/envir/me a/thirdlevel a es/me are ulations/301cmrl103.htm 3/21/2008 ttP g P P g P g MEPA Regulations Section 11.03 Page 6 of 8 to a single location. 14. Generation of 1,000 or more New adt on roadways providing access to a single location and construction of 150 or more New parking spaces at a single location. 15. Construction of 300 or more New parking spaces at a single location. (7) Eby. (a) ENF and Mandatory EIR. 1. Construction of a New electric generating facility with a Capacity of 100 or more MW. 2. Expansion of an existing electric generating facility by 100 or more MW. 3. Construction of a New fuel pipeline ten or more miles in length. 4. Construction of electric transmission lines with a Capacity of 230 or more kv, provided the transmission lines are five or more miles in length along New, unused or abandoned right of way. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Construction of a New electric generating facility with a Capacity of 25 or more MW. 2. Expansion of an existing electric generating facility by 25 or more MW. 3. Construction of a New fuel pipeline five or more miles in length. 4. Construction of electric transmission lines with a Capacity of 69 or more kv, provided the transmission lines are one or more miles in length along New, unused or abandoned right of way. (8) Air. (a) ENF and Mandatory EIR. Construction of a New major stationary source with federal potential emissions, after construction and the imposition of required controls, of: 250 tpy of any criteria air pollutant; 40 tpy of any HAP; or 100 tpy of any combination of HAPs. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. Construction of a New major stationary source with federal potential emissions, after construction and the imposition of required controls, of: 100 tpy of PM as PM10, CO, lead or SO2; 50 tpy of VOC or NOx; 10 tpy of any HAP; or 25 tpy of any combination of HAPs. 2. Modification of an existing major stationary source resulting in a "significant net increase" in actual emissions, provided that the stationary source or facility is major for the pollutant, emission of which is increased by: 15 tpy of PM as PM 10; 100 tpy of CO; 40 tpy of SO2; 25 tpy of VOC or NOx; 0.6 tpy of lead. (9) >Solid and Hazardous Waste>. (a) ENF and Mandatory EIR. New Capacity or Expansion in Capacity of 150 or more tpd for storage, treatment, processing, combustion or disposal of solid waste, unless the Project is a transfer station, is an Expansion of an existing facility within a validly site assigned area for the proposed use, or is exempt from site assignment requirements. (b) ENF and Other MEPA Review if the Secretary So Requires. 1. New Capacity or Expansion in Capacity for combustion or disposal of any quantity of solid waste, or storage, treatment or processing of 50 or more tpd of solid waste, unless the Project is exempt from site http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/301cmrl103.htm 3/21/2008 MEPA Regulations Section 11.03 Page 7 of 8 assignment requirements. 2. Provided that a Permit is required in accordance with M.G.L. c. 21 D, New Capacity or Expansion in Capacity for the storage, recycling, treatment or disposal of hazardous waste. (10) Historical and Archaeological Resources. (a) ENF and Mandatory EIR. None. (b) ENF and Other MEPA Review if the Secretary So Requires. Unless the Project is subject to a Determination of No Adverse Effect by the Massachusetts Historical Commission or is consistent with a Memorandum of Agreement with the Massachusetts Historical Commission that has been the subject of public notice and comment: 1. demolition of all or any exterior part of any Historic Structure listed in or located in any Historic District listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth; or 2. destruction of all or any part of any Archaeological Site listed in the State Register of Historic Places or the Inventory of Historic and Archaeological Assets of the Commonwealth. (11) Areas of Critical Environmental Concern. (a) ENF and Mandatory EIR. None. (b) ENF and Other MEPA Review if the Secretary So Requires. Any Project within a designated ACEC, unless the Project consists solely of one single family dwelling. (12) Regulations. (a) ENF and Mandatory EIR. None. (b) ENF and Other MEPA Review if the Secretary So Requires. Promulgation of New or revised regulations, of which a primary purpose is protecting against Damage to the Environment, that significantly reduce: 1. standards for environmental protection; 2. opportunities for public participation in permitting or other review processes; or 3. public access to information generated or provided in accordance with the regulations. Return to Index Page REGULATORY AUTHORITY 301 CMR 11.00: M.G.L. c. 30, § 61 through 62H. Disclaimer: This online edition is not the official version of the MEPA Regulation (301 CMR 11.00) and may not reflect any recently promulgated changes. While reasonable efforts have been made to assure the accuracy of the text provided, do not rely on this information without first checking an official edition available through the State House Bookstore, the State library, county law libraries, or your local library. http://www.mass.gov/envir/mepa/thirdlevelpages/meparegulations/301cmrl103.htm 3/21/2008