Please note that a new MEPA Interim Protocol on Climate Change Adaptation and Resiliency (Effective Oct. 1, 2021) is now in effect for all ENFs/EENFs as of October 1, 2021.
The MEPA Office has finalized two MEPA Environmental Justice Protocols with effective dates of January 1, 2022:
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- FINAL MEPA Public Involvement Protocol for Environmental Justice Populations (effective date of January 1, 2022)
- FINAL MEPA Interim Protocol for Analysis of Project Impacts on Environmental Justice Populations (effective date of January 1, 2022)
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These protocols supplement proposed amendments to MEPA regulations at 301 CMR 11.00, which were promulgated on December 24, 2021.
The transitional rules regarding environmental justice outreach were RESCINDED on January 1, 2022.
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Effective January 1, 2022, all new MEPA projects located within a “Designated Geographic Area” (as defined in 301 CMR 11.02) around Environmental Justice (EJ) populations will be required to provide opportunities for public involvement by such EJ populations prior to filing an ENF/EENF. A “Designated Geographic Area” is defined as the area within one mile of the project or EJ population; or, for a project that meets or exceeds MEPA review thresholds at 301 CMR 11.03(8)(a) and (b) or that generates 150 or more new adt of diesel vehicle traffic over a duration of one year or more, excluding public transit trips, the area within five miles of the project or EJ population.
If the project meets or exceeds mandatory EIR thresholds, or will be seeking expedited review under 301 CMR 11.06(8) (Single EIR) or 11.06(13) (Rollover EIR), the project must also provide advance notification of the project no later than 45 days, or earlier than 90 days, prior to filing. The advance notification must be provided to community-based organizations (CBOs) and tribes based on an EJ Reference List maintained by the EEA EJ Director, and must be translated into other languages as required by the MEPA Public Involvement Protocol for Environmental Justice Populations. Proponents can obtain an EJ Reference List for a project by emailing [email protected] and including the project name, address, and all municipalities located in whole or in part within the “Designated Geographic Area” (in most cases, 1 mile radius) around the project site. A copy of the EJ Screening Form to be used when providing advance notification can be obtained here.
See here for additional requirements regarding language translation and interpretation.
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