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
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. Massachusetts Department of Environmental Protection (MassDEP) - 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 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, if the Project is located within five miles of an
Environmental Justice Population or implicates public health impacts;
12. Department 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 maysendan 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.