(6)
Form and Content of
EIR. Unless the Secretary has indicated otherwise in the Scope or
as part of a Special Review Procedure, the depth and level of description and
analysis in the EIR shall reflect the status of Project planning and design,
the type and size of the Project, the requirements of any Agency Action, the
availability of reasonable alternatives and methods to avoid or minimize
potential environmental and public health impacts, and the opportunity to
assess environmental and public health impacts and to identify appropriate
mitigation measures. The EIR shall ordinarily contain the following sections
(unless the Secretary indicates in the Scope or as a part of a Special Review
Procedure that specific issues shall be described or analyzed in additional
sections in the EIR or that any of these sections shall not be included in the
EIR):
(a)
Title Page.
The name and location of the Project, the EEA File Number, the type of EIR, the
name of the Proponent, the name of the preparer, and the date of
filing.
(b)
Table of
Contents. The title and page number of all sections, maps, plans,
tables, figures, and appendices of the EIR.
(c)
Secretary's
Certificates. A copy of each Secretary's certificate for the
Project, including on the ENF, a draft EIR, or a Notice of Project Change, and
any other determination or document issued by the Secretary for the
Project.
(d)
Summary. A brief description in clear, nontechnical
language, including:
1. the name and location
of the Project, and the EEA File Number;
2. a brief Project description listing in
particular any changes made to the Project since the review of the previous
review document;
3. a list of any
Permit, Financial Assistance, or Land Transfer, and any required Federal
environmental, or land-use permit, license, certificate, variance, or approval
with a summary of the current status of each application;
4. a summary of alternatives to the
Project;
5. a summary of potential
environmental and public health impacts of the Project;
6. a summary of measures to avoid or minimize
any identified environmental and public health damage; and
7. a list of mitigation measures for the
Project.
(e)
Project Description. A detailed description and
analysis of the nature and location of the Project including:
1. the type, size, and proposed use of the
Project;
2. the objectives and
anticipated benefits of the Project;
3. a description of the physical
characteristics of the Project and its surroundings, illustrated with a
location map and site plan at an appropriate scale and level of detail;
and
4. a timetable, approximate
cost, and the methods and timing of construction of the Project.
(f)
Alternatives to
the Project. A description and analysis of alternatives to the
Project including:
1. all feasible
alternatives including, but not limited to, those indicated in the
Scope;
2. the alternative of not
undertaking the Project (i.e., the no-build alternative) for
the purpose of establishing a future baseline in relation to which the Project
and its alternatives can be described and analyzed and its potential
environmental impacts and mitigation measures can be assessed;
3. an analysis of the feasible alternatives
in light of the objectives of the Proponent and the mission of any
Participating Agency, including relevant statutes, regulations, executive
orders and other policy directives, and any applicable Federal, municipal, or
regional plan formally adopted by an Agency or any Federal, municipal, or
regional governmental entity;
4. an
analysis of the principal differences among the feasible alternatives under
consideration, particularly regarding potential environmental impacts;
and
5. a brief discussion of any
alternatives no longer under consideration including the reasons for no longer
considering these alternatives.
(g)
Existing
Environment. A description and analysis of the physical,
biological, chemical, economic, and social conditions of the Project site, its
immediate surroundings, and the region (in sufficient detail to provide a
baseline in relation to which the Project and its alternatives can be described
and analyzed and its potential environmental and public health impacts and
mitigation measures can be assessed) including:
1. topography, geology, and soils;
2. surface and groundwater hydrology and
quality;
3. air quality, GHG
emissions and noise;
4. plant and
animal species and habitat;
5.
traffic, transit, and pedestrian and bicycle transportation;
6. scenic qualities, open space and
recreational resources;
7. Historic
Structures or Districts, and Archaeological Sites;
8. the built environment and human use of the
Project site, its immediate surroundings and the region, including existing
infrastructure (i.e., water supply, wastewater treatment
and/or disposal, transportation, waste management, etc.),
zoning districts and other relevant land-use designations or plans
(i.e., local or regional capital improvement plans or
infrastructure investments, economic development, growth planning and open
space plans, etc.), business districts, industrial parks,
housing stock, and vacancy rates; and 9. rare or unique features (including
environmental and social conditions) of the Project site and its immediate
surroundings such that any increase in environmental impacts, however small or
gradual, may result in an unusual or disproportionate effect on environmental
resources or quality or public health.
10. publicly available data on the public
health conditions in the immediate vicinity of the Project site.
11. if the Project is located in landlocked
tidelands as defined in
310
CMR 9.02: Definitions, an
explanation of the Project's impact on the public's right to access, use, and
enjoy tidelands that are protected by chapter 91 and measures to avoid,
minimize, or mitigate any adverse impact on those rights. If the Project is
located in landlocked tidelands and an area where low groundwater levels have
been identified by a municipality or by a state or federal agency as a threat
to building foundations, an explanation of the Project's impact on groundwater
levels and identification and commitment to taking measures to avoid, minimize,
or mitigate any adverse impact on groundwater levels. The EIR shall also
describe the Project's compliance with any municipal regulations designed to
protect groundwater levels. The Proponent may combine the information provided
under
301
CMR 11.07(6)(g)10. with the
information provided under
301
CMR 13.03:
Procedures.
12.
For Projects in tidelands other than landlocked tidelands, follow
301 CMR
13.00: Public Benefit
Determination.
(h)
Assessment of
Impacts. A detailed description and assessment of the negative and
positive potential environmental and public health impacts of the Project and
its alternatives. The EIR shall assess (in quantitative terms, to the maximum
extent practicable) the direct and indirect potential environmental and public
health impacts from all aspects of the Project that are within the Scope, and
shall contain studies to evaluate said impacts. The assessment shall include
both short-term and long-term impacts for all phases of the Project
(e.g., acquisition, development, alteration, and operation),
any adverse short-term and long-term environmental and public health
consequences that cannot be avoided should the project be undertaken, and
cumulative impacts of the Project, any other Projects, and other work or
activity in the immediate surroundings and region.
(i)
Statutory and Regulatory
Standards and Requirements. A list of any Permit, Financial
Assistance, or Land Transfer that is or may be required, and a brief
description and analysis of the applicable statutory and regulatory standards
and requirements thereof and the measures to be taken to ensure due compliance
therewith.
(j)
Mitigation Measures. A description and assessment of
physical, biological and chemical measures and management techniques designed
to limit negative environmental and public health impacts or to cause positive
environmental and public health impacts during development and operation of a
Project. The EIR shall specify in detail: the measures to be taken by the
Proponent or any other Agency or Person to avoid, minimize, and mitigate
potential environmental and public health impacts; an Agency or Person
responsible for funding and implementing mitigation measures, if not the
Proponent; and the anticipated implementation schedule that shall ensure that
mitigation measures shall be implemented prior to or when appropriate in
relation to environmental impacts. The EIR shall also discuss alternatives to
the proposed mitigation measures considered by the Proponent or suggested in
comments by any Agency or Person, noting the relative benefits and costs of
these alternative mitigation measures.
(k)
Proposed Section 61
Findings. Proposed findings in accordance with M.G.L. c. 30,
§ 61and consistent with M.G.L. c. 30, § 62K for each Agency for each
Agency Action to be taken on the Project. These Proposed Section 61 Findings
shall specify in detail: all feasible measures to be taken by the Proponent or
any other Agency or Person to avoid Damage to the Environment or, to the extent
Damage to the Environment cannot be avoided, to minimize and mitigate Damage to
the Environment to the maximum extent practicable; any and all actions to be
taken to reduce the potential for unfair or inequitable effects upon an
Environmental Justice Population in accordance with
301
CMR 11.07(6)(n); an Agency
or Person responsible for funding and implementing mitigation measures, if not
the Proponent; and the anticipated implementation schedule that will ensure
that mitigation measures shall be implemented prior to or when appropriate in
relation to environmental impacts.
(l)
Response to
Comments. A response to the certificate of the Secretary on the
previous review document and each comment received on the previous review
document, provided that the subject matter of the comment is within the Scope.
Unless the Secretary has indicated otherwise in the certificate on the previous
review document, the EIR shall contain a copy of each comment either in this
section of the EIR or in a separate appendix, provided that this section
clearly explains the location of each comment and the response to each
comment.
(m)
Appendices. A presentation of detailed technical data
(e.g., traffic analyses, hydrologic calculations, modeling
data), to the extent necessary to keep the main text of the EIR clear and
readable. The main text of the EIR shall refer to and summarize any information
contained in any appendix. Unless the Secretary has indicated otherwise in the
Scope or as a part of a Special Review Procedure, the Proponent shall circulate
appendices with the main text of the EIR in accordance with
301
CMR 11.16(3).
The Proponent may vary the outline of ordinary EIR sections
(e.g., by combining
301
CMR 11.07(6)(g) through (l)
to address one aspect of the Project or issue at a time), provided that the EIR
addresses the substance of each section. The EIR shall ordinarily be printed on
both sides of each page, be paginated, clearly reference maps, plans, tables
and figures, and contain an index and a circulation list.
(n) For any Projects required to file an EIR
under
301
CMR 11.06(7)(b), the EIR
shall contain the following elements, in addition to any other elements
specified in the Scope:
1. statements about
the results of an assessment of any existing unfair or inequitable
Environmental Burden and related public health consequences impacting the
Environmental Justice Population from any prior or current private, industrial,
commercial, state, or municipal operation or project that has caused or
continues to cause Damage to the Environment;
2. if the assessment conducted under
301
CMR 11.07(6)(n)1. indicates
that an Environmental Justice Population is subject to an existing unfair or
inequitable Environmental Burden or related health consequence:
(i) a description of the environmental and
public health impact from the Project that would likely result in a
disproportionate adverse effect on such population; and
(ii) any potential impact or consequence from
the Project that would increase or reduce the effects of climate change on the
Environmental Justice Population. In conducting the assessment in
301
CMR 11.07(6)(n)2., the
Proponent shall consider the extent to which the environmental and public
health impact of the Project may exacerbate any existing unfair or inequitable
Environmental Burden and related public health consequence identified under
301
CMR 11.07(6)(n)1. The
Proponent shall also consider the comparative impact of the Project on
Environmental Justice Populations versus non-Environmental Justice Populations
and any benefits conferred by the Project to reduce the potential for unfair or
inequitable effects on the Environmental Justice
Population;
3.
description of alternatives and measures to avoid, or, if unavoidable, to
minimize and mitigate potential environmental and public health impacts so as
to address any identified disproportionate adverse effects, or an increase in
the effects of climate change, on Environmental Justice Populations;
4. Proposed Section 61 Findings that include
any and all actions to be taken to address any identified disproportionate
adverse effects, or an increase in the effects of climate change, on
Environmental Justice Populations, so as to reduce the potential for unfair or
inequitable effects on such Environmental Justice Populations; and
5. Response to Comments to the extent related
to an assessment of disproportionate adverse effects, or an increase in the
effects of climate change, on Environmental Justice Populations.
The Secretary shall set forth in guidance recommended
methodologies and resources, including publicly available mapping tools, to
conduct the assessments described in
301
CMR 11.07(6)(n)1. and 2.,
and may identify specific issues for analysis in the
Scope.
