301 CMR 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 Energy and Environmental Affairs

Attention: MEPA Office

[Analyst Name], EEA No. _______

100 Cambridge Street - 9th floor

Boston, Massachusetts 02114

(2) Circulation of ENF. The Proponent shall circulate the ENF as follows:
(a) To the MEPA Office. Two copies to the Secretary, Attention: MEPA Office, or one copy if circulated electronically under 301 CMR 11.16(5).
(b) To Agency and Other Reviewers. One copy to each of the following (or their successors or assigns):
1. 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;
2. Massachusetts Department of Transportation (MassDOT) - Public/Private Development Unit; and the appropriate district office;
3. Massachusetts Historical Commission;
4. The appropriate regional planning agency (RPA);
5. In each municipality affected by the Project - the city council/board of selectmen; the planning board/department; the conservation commission; the department/board of health; and the public library;
6. Massachusetts Coastal Zone Management (MCZM) office and the Division of Marine Fisheries, if the Project is in a Coastal Zone community;
7. Department of Agricultural Resources, if the Project site has been in agricultural use within the last 15 years;
8. 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 M.G.L. c. 131A the Massachusetts Endangered Species Act;
9. Department of Conservation and Recreation (DCR) if the Project affects DCR roadways, watersheds or other properties, or if the Project is within or will affect an ACEC;
10. EEA Environmental Justice Director or designee, if the Project is located within five miles of an Environmental Justice Population;
11. Department of Public Health (DPH), if the Project is located within five miles of an Environmental Justice Population or implicates public health impacts;
12. Division of Energy Resources if the Project is subject to the Greenhouse Gas Emissions Policy and Protocol, and the Energy Facilities Siting Board (EFSB), if the Project is subject to review by EFSB;
13. Massachusetts Water Resources Authority (MWRA), if the Project is in a municipality served by the MWRA;
14. Massachusetts Bay Transportation Authority (MBTA), if the Project affects MBTA facilities or properties and
15. Any other Agency from which an Agency Action may be required for the Project.
(c) Requested Copies. The Proponent shall promptly send a copy of the ENF, free of charge, to any Agency or Person requesting it during the review period for the ENF. The Proponent may send an electronic copy (e.g., CD-Rom or website address), provided that the electronic copy is accompanied by information on how to obtain a paper copy. 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 EIR as follows:
(a) To the MEPA Office. Two copies to the Secretary, Attention: MEPA Office, or one copy if filed or circulated electronically under 301 CMR 11.16(5) and (6);
(b) To Previous Commenters and Others. One copy, free of charge, to each Person or Agency who previously commented on the ENF, each Agency from which the Project will seek Permits, Land Transfers or Financial Assistance, and to any other Agency or Person identified by the Secretary in the Scope or thereafter.
(c) Requested Copies . The Proponent shall promptly send a copy of the EIR 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 may send an electronic copy (CD-Rom or website address) provided that the electronic copy is accompanied by information on how to obtain a paper copy. The Proponent shall maintain a list of each Agency or Person requesting a copy, the date of each request, and the date 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 Addresses. 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, MassDOT, RPA, MWRA, and MBTA region or district, and shall make the information available to a Proponent upon request.
(5) Electronic Circulation. The Proponent may circulate electronic copies (CD-Rom or website address) of an ENF or an EIR to any Person or Agency in accordance with 301 CMR 11.16(2) and (3), and to the Secretary or any Participating Agency with the consent of each. Circulation of an electronic copy must be accompanied by information on how to obtain a paper copy in accordance with 301 CMR 11.16(2)(c) and 11.16(3)(c). The Proponent may circulate electronic copies (CD-Rom or website address) of technical appendices to any Person or Agency in accordance with 301 CMR 11.16(2) and (3).
(6) Electronic Filing. The Secretary may require the electronic filing of any review document with the MEPA Office, provided that the Secretary shall first publish any associated forms or instructions in the Environmental Monitor and shall at the same time specify the effective date of such electronic filing.

Notes

301 CMR 11.16
Amended by Mass Register Issue 1459, eff. 1/1/2022.

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