Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.07 - EIR Preparation and Filing

Current through Register 1525, July 5, 2024
(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 EIR
. 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 its alternatives, and an assessment of its potential environmental and
			 public health impacts and mitigation measures. The Proponent shall ordinarily
			 use the review and comments 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(8)(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 aspects of the Project or
			 issues that require further description or analysis and a response to comments,
			 instead of requiring a standalone 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 its alternatives, and assessment of its
			 potential environmental and public health impacts and mitigation measures
			 sufficient to allow a Participating Agency to fulfill its obligations in
			 accordance with M.G.L. c. 30, §§ 61 and 62K, and
			 301
			 CMR 11.12(5).
(5)
Single EIR
. If
			 the Secretary allows a single EIR in accordance with
			 301
			 CMR 11.06(8), the Proponent
			 shall prepare a single EIR. The single EIR shall build on the information in
			 the expanded 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 and public
			 health impacts and mitigation measures sufficient to allow a Participating
			 Agency to fulfill its obligations in accordance with M.G.L. c. 30, §§
			 61 and 62K, 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 status 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 environmental and public health impacts, and the opportunity to
			 assess environmental and public health 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)
Title Page
.
			 The name and location of the Project, the EEA File Number, the type of EIR, the
			 name of the Proponent, the name of the preparer, and the date of
			 filing.
(b)
Table of
			 Contents
. The title and page number of all sections, maps, plans,
			 tables, figures, and appendices of the EIR.
(c)
Secretary's
			 Certificates
. 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)
Summary
. A brief description in clear, nontechnical
			 language, including:
1. the name and location
			 of the Project, and the EEA File Number;
2. a brief Project description listing in
			 particular any changes made 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 and public health impacts of the Project;
6. a summary of measures to avoid or minimize
			 any identified environmental and public health damage; and
7. a list of mitigation measures for the
			 Project.
(e)
Project 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 Project
. 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 future 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;
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;
			 and
5. a brief discussion of any
			 alternatives no longer under consideration including the reasons for no longer
			 considering these alternatives.
(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 and public health impacts and
			 mitigation measures can be assessed) including:
1. topography, geology, and soils;
2. surface and groundwater hydrology and
			 quality;
3. air quality, GHG
			 emissions and noise;
4. plant and
			 animal species and habitat;
5.
			 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
			 infrastructure (
i.e
., 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
			 infrastructure 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.
10. publicly available data on the public
			 health conditions in the immediate vicinity of the Project site.
11. if the Project is located in landlocked
			 tidelands as defined in
			 310
			 CMR 9.02:
Definitions,
an
			 explanation of the Project's impact on the public's right to access, use, and
			 enjoy tidelands that are protected by chapter 91 and measures to avoid,
			 minimize, or mitigate any adverse impact on those rights. If the Project is
			 located in landlocked tidelands and an area where low groundwater levels have
			 been identified by a municipality or by a state or federal agency as a threat
			 to building foundations, an explanation of the Project's impact on groundwater
			 levels and identification and commitment to taking measures to avoid, minimize,
			 or mitigate any adverse impact on groundwater levels. The EIR shall also
			 describe the Project's compliance with any municipal regulations designed to
			 protect groundwater levels. The Proponent may combine the information provided
			 under
			 301
			 CMR 11.07(6)(g)10. with the
			 information provided under
			 301
			 CMR 13.03:
Procedures.
12.
			 For Projects in tidelands other than landlocked tidelands, follow
			 301 CMR
			 13.00:
Public Benefit
			 Determination.
(h)
Assessment of
			 Impacts
. A detailed description and assessment of the negative and
			 positive potential environmental and public health 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 and public
			 health impacts from all aspects of the Project that are within the Scope, and
			 shall contain studies to evaluate said impacts. The assessment shall include
			 both short-term and long-term impacts for all phases of the Project
			 (
e.g
., acquisition, development, alteration, and operation),
			 any adverse short-term and long-term environmental and public health
			 consequences that cannot be avoided should the project be undertaken, 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.
(j)
Mitigation Measures
. A description and assessment of
			 physical, biological and chemical measures and management techniques designed
			 to limit negative environmental and public health impacts or to cause positive
			 environmental and public health impacts during development and operation of a
			 Project. The 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 and public health 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)
Proposed Section 61
			 Findings
. Proposed findings in accordance with M.G.L. c. 30,
			 § 61and consistent with M.G.L. c. 30, § 62K 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; any and all actions to be
			 taken to reduce the potential for unfair or inequitable effects upon an
			 Environmental Justice Population in accordance with
			 301
			 CMR 11.07(6)(n); 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.
(l)
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 of the EIR or in a separate appendix, provided that this section
			 clearly explains the location of each comment and the response to each
			 comment.
(m)
Appendices.
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
			 contained in any appendix. Unless the Secretary has indicated otherwise in the
			 Scope or as a part of a 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
				(
e.g
., by combining
				301
				CMR 11.07(6)(g) through (l)
				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, tables
				and figures, and contain an index and a circulation list.
(n) For any Projects required to file an EIR
			 under
			 301
			 CMR 11.06(7)(b), the EIR
			 shall contain the following elements, in addition to any other elements
			 specified in the Scope:
1. statements about
			 the results of an assessment of any existing unfair or inequitable
			 Environmental Burden and related public health consequences impacting the
			 Environmental Justice Population from any prior or current private, industrial,
			 commercial, state, or municipal operation or project that has caused or
			 continues to cause Damage to the Environment;
2. if the assessment conducted under
			 301
			 CMR 11.07(6)(n)1. indicates
			 that an Environmental Justice Population is subject to an existing unfair or
			 inequitable Environmental Burden or related health consequence:
(i) a description of the environmental and
			 public health impact from the Project that would likely result in a
			 disproportionate adverse effect on such population; and
(ii) any potential impact or consequence from
			 the Project that would increase or reduce the effects of climate change on the
			 Environmental Justice Population. In conducting the assessment in
			 301
			 CMR 11.07(6)(n)2., the
			 Proponent shall consider the extent to which the environmental and public
			 health impact of the Project may exacerbate any existing unfair or inequitable
			 Environmental Burden and related public health consequence identified under
			 301
			 CMR 11.07(6)(n)1. The
			 Proponent shall also consider the comparative impact of the Project on
			 Environmental Justice Populations versus non-Environmental Justice Populations
			 and any benefits conferred by the Project to reduce the potential for unfair or
			 inequitable effects on the Environmental Justice
			 Population;
3.
			 description of alternatives and measures to avoid, or, if unavoidable, to
			 minimize and mitigate potential environmental and public health impacts so as
			 to address any identified disproportionate adverse effects, or an increase in
			 the effects of climate change, on Environmental Justice Populations;
4. Proposed Section 61 Findings that include
			 any and all actions to be taken to address any identified disproportionate
			 adverse effects, or an increase in the effects of climate change, on
			 Environmental Justice Populations, so as to reduce the potential for unfair or
			 inequitable effects on such Environmental Justice Populations; and
5. Response to Comments to the extent related
			 to an assessment of disproportionate adverse effects, or an increase in the
			 effects of climate change, on Environmental Justice Populations.
The Secretary shall set forth in guidance recommended
				methodologies and resources, including publicly available mapping tools, to
				conduct the assessments described in
				301
				CMR 11.07(6)(n)1. and 2.,
				and may identify specific issues for analysis in the
				Scope.