Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.05 - ENF Preparation and Filing

Current through Register 1525, July 5, 2024
(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 11.15(1). 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 Filing
. In all cases, the Proponent shall file
			 the ENF sufficiently prior to Commencement of the 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 case 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 seeks the provision of
			 Financial Assistance but does not involve a Land Transfer, the Proponent shall
			 file the ENF at any time prior to but no later than ten Days after filing the
			 first application for a Permit 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)
Environmental Justice
			 Populations
.
(a) If a Project
			 requires MEPA review in accordance with
			 301
			 CMR 11.01(2)  and one or
			 more Environmental Justice Populations are located within the Designated
			 Geographic Area around the Project, the Proponent shall undertake measures to
			 provide public involvement opportunities for such Environmental Justice
			 Populations.
(b) A Proponent shall
			 provide advance notification of a Project, in a form determined by the MEPA
			 Office, to the MEPA Office and organizations and individuals based on
			 recommendations by the EEA Environmental Justice Director, for any Project that
			 is required to file an EIR in accordance with
			 301
			 CMR 11.06(7)(b), and either
			 meets or exceeds mandatory EIR thresholds or intends to request that the
			 Secretary allow a single EIR in accordance with
			 301
			 CMR 11.06(8)  or a rollover
			 EIR in accordance with
			 301
			 CMR 11.06(13). Such advance
			 notification shall be provided no later than 45 Days, and no earlier than 90
			 Days, prior to filing the ENF.
(c)
			 The Proponent's failure to provide advance notification as required
			 301
			 CMR 11.05(4)  shall allow
			 the Secretary to require an extension or repetition of the ENF review. The
			 Secretary may also reject an ENF as incomplete if the Proponent has failed to
			 provide advance notification as required, or has undertaken no measures to
			 provide public involvement opportunities for Environmental Justice Populations
			 prior to filing the ENF.
(d) Any
			 Project consisting of one single family home shall be exempt from the
			 requirements of this
			 301
			 CMR
			 11.05(4).