Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.08 - EIR Review and Decision

Current through Register 1525, July 5, 2024
(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)
Investigation
.
			 After receiving the EIR, the Secretary shall review the EIR and may review any
			 relevant information from any other source to determine whether the EIR is
			 adequate.
(3)
Informal
			 and Informational 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 not ordinarily exceed 30 Days. The Secretary may
			 accept a late comment, provided that it is received prior to the Secretary's
			 decision on the EIR.
(5)
Withdrawal and Refiling of Single 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 refiled
			 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.
(7)
Agency Review
.
			 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 Action on the Project, such that the Participating
				Agency can fulfill its obligations in accordance with M.G.L. c. 30,
				§§ 61 and 62K, and
				301
				CMR
				11.12(5).