Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 11.00 - Mepa Regulations
Section 11.02 - Definitions

(a) wetlands, which is defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40, and its implementing regulations, 310 CMR 10.00: Wetlands Protection, and 33 USC 1341 and 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States within the Commonwealth regarding Water Quality Certification, as well as other statutes, regulations, executive orders, or policy directives that govern wetlands issues; and

(b) roadways or traffic, which is defined by the Massachusetts Department of Transportation Highway Division at 700 CMR 13.00: Approval of Access to Massachusetts Department of Transportation Highways and Other Property.

(a) Any agency, department, board, commission, or authority of the Commonwealth.

(b) Agency shall not be considered to include a Federal, municipal, or regional agency, department, board, commission or authority, unless it is:

(a) In the case of a Project undertaken by an Agency, any formal and final authorization, appropriation, execution of a contract or other decision by the Agency to proceed to Commencement of a Project.

(b) In the case of a Project undertaken by a Person, any formal and final action taken by an Agency in accordance with applicable statutes and regulations that grants a Permit, provides Financial Assistance, or closes a Land Transfer.

(c) Agency Action is not final if the Permit, contract or other relevant document approving or allowing the Agency Action contains terms such as a condition or restriction that provides that such Agency Action shall be deemed not to have taken place, unless and until the Secretary has determined that:

(d) Agency Action is final even if subject to subsequent judicial or administrative appeal.

Archaeological Site. Any location of a significant event, prehistoric or historic occupation or activity, or building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value, regardless of the value of any existing building or structure.

(a) Design capacity, i.e., the maximum capacity for which a facility or system is designed and at which a facility or system can operate, regardless of statutory, regulatory, contractual or other conditions or restrictions.

(b) Daily Capacity shall be considered maximum Capacity on any given Day of operation and not an annual average.

Carbon Dioxide (CO2) Equivalent. The amount of carbon dioxide by weight that would produce the same amount of global warming impact as a given weight of another greenhouse gas, based on the best available science, including information from the Intergovernmental Panel on Climate Change.

Commonwealth. The Commonwealth of Massachusetts.

(a) Initiation of on-site physical or construction work or activity.

(b) Research, design, or other work or activity necessary to evaluate a Project for purposes of MEPA and 301 CMR 11.00 and other environmental statutes or regulations shall not be considered Commencement of Construction.

(a) The earliest of:

(b) Research, design, or other work or activity necessary to evaluate a Project for purposes of MEPA and 301 CMR 11.00 and other environmental statutes or regulations shall not be considered Commencement of a Project.

Damage to the Environment. Any destruction or impairment (not including insignificant damage or impairment), actual or probable, to any of the natural resources of the Commonwealth including, but not limited to, air pollution, GHG emissions, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites.

(a) Calendar day.

(b) If the deadline for the Secretary to issue a certificate, determination, or other document, or for an Agency to take Agency Action, or for any Agency or Person to file comments, notices, or review documents in accordance with MEPA and 301 CMR 11.00 falls on a Saturday, Sunday or legal holiday, the deadline shall be considered to fall on the next business day.

(a) With respect to a Project, the area within one mile of the Project; 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.

(b) With respect to an Environmental Justice Population, the area within one mile of the Environmental Justice 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 Environmental Justice Population.

Ecological Restoration Project. Any Project defined as an Ecological Restoration Project under 310 CMR 10.00: Wetlands Protection. For the purposes of 301 CMR 11.00, this term does not include an Ecological Restoration Limited Project.

Ecological Restoration Limited Project. Any Project defined as an Ecological Restoration Limited Project under 310 CMR 10.00: Wetlands Protection and described in 310 CMR 10.24(8) and 10.53(4).

Environmental Benefits. Access to clean natural resources, including air, water resources, open space, constructed playgrounds and other outdoor recreational facilities and venues, clean renewable energy sources, environmental enforcement, training and funding disbursed or administered by the executive office of energy and environmental affairs.

Environmental Burden. Any destruction, damage or impairment (not including insignificant destruction, damage or impairment) of any of the natural resources of the Commonwealth, resulting from intentional or reasonably foreseeable causes including, but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.

(a) A Neighborhood that meets one or more of the following criteria:

(b) a geographic portion of a Neighborhood designated by the Secretary as an Environmental Justice Population pursuant to M.G.L. c. 30, § 62; provided, however, that a Neighborhood or a geographic portion of a Neighborhood that the Secretary has determined shall not be designated an Environmental Justice Population pursuant to M.G.L. c. 30, § 62 shall not be considered an Environmental Justice Population under 301 CMR 11.00.

(a) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and

(b) the equitable distribution of energy and environmental benefits and environmental burdens.

(a) Any direct or indirect financial aid to any Person provided by any Agency including, but not limited to, mortgage assistance, special taxing arrangements, grants, issuance of bonds, loans, loan guarantees, debt or equity assistance, and the allocation of Commonwealth or Federal funds.

(b) Financial Assistance shall not be considered to include:

(a) The execution and delivery by an Agency of any deed, lease, license or other document that transfers real property or an interest in real property.

(b) For purposes of review thresholds, Land Transfer shall not be considered to include the execution and delivery of a deed, lease or license to continue a preexisting lawful use on a Project site, or amendments or extensions thereof.

MEPA Office. The Secretary's staff that carries out day-to-day administration of MEPA and 301 CMR 11.00.

Neighborhood. A census block group as defined by the United States Census Bureau, excluding people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons.

(a) existing;

(b) being carried out currently as part of, used by, or generated by a previous, actual or permitted use of the Project site; or

(c) being carried out within three years since the later of discontinuance of the previous use or issuance of the relevant Permit.

Participating Agency. Any Agency to which the Proponent has made or will make an application for a Permit, Financial Assistance, or a Land Transfer.

(a) Any permit, license, certificate, variance, approval, or other entitlement for use, granted by an Agency for or by reason of a Project.

(b) Permit shall be considered to include an entitlement for use granted by an Agency in accordance with delegated authority in accordance with Federal environmental statutes or regulations (including certification of compliance with the statutes and regulations).

(c) Permit shall not be considered to include a general entitlement to a Person to carry on a trade or profession, or to operate mechanical equipment which does not depend upon the location of such trade or operation.

(d) For purposes of review thresholds, Permit shall not be considered to include:

(a) an Agency; or

(b) a Person and requires a Permit or a Land Transfer, or seeks the provision of Financial Assistance.

Proponent. Any Agency or Person, including a designee or successor in interest, that undertakes, or has a significant role in undertaking, a Project.

(a) increase potential environmental impacts or need additional or changed environmental Permits; or

(b) result in any substantial (10% or more) Expansion of the use or Project, provided that the previous use or Project has not been discontinued for more than three years and that the Expansion does not meet or exceed any review thresholds.

Routine Maintenance. Any maintenance work or activity carried out on a regular or periodic basis in a manner that has no potential for Damage to the Environment or for which performance standards have been developed that avoid, minimize, or mitigate potential environmental impacts to the maximum extent practicable.

Scope. The written certificate issued by the Secretary in accordance with 301 CMR 11.06(7) that specifies the form, content, level of detail, and alternatives required for an EIR.

Secretary. The Secretary of Energy and Environmental Affairs.

Section 61 Findings. The determinations and findings that an Agency shall make in accordance with M.G.L. c. 30, § 61, and 301 CMR 11.12(5) prior to or when taking Agency Action on a Project for which the Secretary required an EIR.