Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.06 - ENF Review and Decision

Current through Register 1525, July 5, 2024
(1)
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, rollover 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. The
			 Proponent shall be required to provide accompanied public access to the Project
			 site during the site visit and public consultation session, unless such access
			 is infeasible for public safety reasons or protection of proprietary
			 information. Any Agency or Person may inquire of the MEPA Office as to the
			 date, time, and location of the consultation session. The Proponent shall
			 consult with the MEPA Office about additional measures to be taken during the
			 site visit and public consultation session to provide meaningful opportunities
			 for public involvement by Environmental Justice Populations.
(3)
Public Comment Period,
			 Extensions, Late Comments
. After receiving and accepting an ENF,
			 the Secretary shall receive into the record written comments from any Agency or
			 Person, concerning the Project, its alternatives, its potential environmental
			 and public health 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 account 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, rollover
			 EIR, or a Special Review Procedure in accordance with
			 301
			 CMR 11.05(8), 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.
(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 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 recommends that the
				Secretary require no further MEPA review or that the Scope not include any
				requirements relating to the aspect or issue.