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MEPA Glossary
ACEC
Area of Critical Environmental Concern - an area so designated by the Secretary pursuant to 301 CMR 12.00.
Action
A project undertaken by a state agency, the granting of a permit by a state agency, or the granting of financial assistance
by a state agency, or the transfer of land by a state agency.
Agency
- Any agency, department, board, commission, or authority of the Commonwealth.
- Agency shall not be considered to include a Federal, municipal, r regional agency, department, board,
commission or authority, unless it is:
- a municipal redevelopment agency created or acting in accordance with M.G.L. c. 121A or c. 121B; or
- any other authority of any political subdivision of the Commonwealth that is created or acting specifically as
an authority in accordance with applicable statutes.
Agency Action
- 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.
- 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.
- 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:
- no EIR is required; or
- a single or final EIR is adequate and 60 Days have elapsed following publication of notice of the availability
of the single or final EIR in the Environmental Monitor in accordance with 301 CMR 11.15(2), provided that the Agency shall
reconsider and confirm or modify the Agency Action and any conditions thereof following completion of MEPA review.
- Agency Action is final even if subject to subse-quent 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.
Capacity
- 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.
- Daily Capacity shall be considered maximum Capacity on any given Day of operation and not an annual
average.
Commencement of Construction
- Initiation of on-site physical or construction work or activity.
- 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.
Commencement of a Project
- The earliest of:
- initiation of the operational phase of the Project;
- Commencement of Construction; or
- initiation of any preparatory phase of the Project, including any action or expenditure of
funds on the financing, marketing, or development of the Project.
- 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, water pollution, improper sewage
disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, 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.
Day
- Calendar day.
- 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.
EIR
Environmental Impact Report.
Environmental Monitor
The Environmental Monitor provides public notice of filings of the submission of Environmental Notification
Forms (ENF), Environmental Impact Reports (EIR), and Notices of Project Change (NPC), the comment deadlines for
those documents, the date and substance of the Secretary's decisions, and other useful information. The Monitor
is published twice a month; deadlines for submission are the fifteenth and the last day of each month. In the
event the deadline falls on a Saturday, Sunday or Holiday, the new submission date becomes the following business
day. The date of publication of the Monitor determines deadlines for public comment and action by the Secretary.
The Monitor is sent, free of charge, to all persons who request a subscription in writing from the MEPA Office.
ENF
Environmental Notification Form.
Expansion
Any material increase in Capacity, demand on infrastructure, or physical dimensions of a Project or frequency
of activity associated with the Project.
Financial Assistance
- 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.
- Financial Assistance shall not be considered to include:
- the grant of aid for medical services or personal support, such as welfare or unemployment funds, to
an individual or third party on behalf of an individual;
- pass-through of Federal funds or issuance of bonds solely on behalf of a local economic development
or financing agency, without allocation by an Agency; or
- routine staff assistance.
Historic Structure or District
Any historic property, landmark, building, structure, or district that is significant to the history or prehistory
of the Commonwealth, its counties, or municipalities.
Land Transfer
- 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.
- 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
The Massachusetts Environmental Policy Act, M.G.L. c. 30, sections 61 through 62H, inclusive.
MEPA Office
The MEPA Office is the staff of the Secretary of Energy & Environmental Affairs responsible for daily implementation
and administration of the MEPA review process. The staff, headed by the Assistant Secretary for Environmental
Impact Review (also known as the MEPA Director), consists of environmental analysts and administrative support
persons. The MEPA Office reviews Environmental Notification Forms (ENF) and Environmental Impact Reports (EIR);
makes recommendations to the Secretary regarding the need for EIR and the adequacy of EIR; assists project
proponents, agencies, and the public with questions; interprets the MEPA regulations; and publishes the
Environmental Monitor.
New
Any work or activity that is not:
- existing;
- being carried out currently as part of, used by, or generated by a previous, actual or permitted use of the Project site; or
- 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.
Permit
- Any permit, license, certificate, variance, approval, or other entitlement for use, granted by
an Agency for or by reason of a Project.
- 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).
- 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.
- For purposes of review thresholds, Permit shall not be considered to include:
- a consent order or agreement to the extent it addresses noncompliance with applicable statutes
and regulations and does not allow or approve a New Project or an Expansion of a Project;
- a general or programmatic permit, license, certificate, variance or approval applying to a category
of Projects rather than to each individual Project;
- a permit, license, certificate, variance or approval by rule or by self-certification of
compliance; and
- a permit, license, certificate, variance, or approval to continue a preexisting lawful
use on a Project site, or amendments or extensions thereof.
Person
Any individual, corporation, partnership, trust, association, or other business or non-profit organization, or any
Federal, municipal, or regional governmental, intergovernmental or other entity that is not an gency.
Project
Any work or activity that is undertaken by:
- an Agency; or
- a Person and requires a Permit or involves Financial Assistance or a Land Transfer.
Proponent
Any Agency or Person, including a designee or successor in interest, that undertakes, or has a significant
role in undertaking, a Project.
Replacement Project
Any Project to repair, replace, or reconstruct a previous use of or Project on a Project site that does not:
- increase potential environmental impacts or need additional or changed environmental Permits; or
- 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 & Environmental Affairs.
Section 61 Findings
The determinations and findings that an Agency shall make in accordance with M.G.L. c. 30, section 61 and 301 CMR 11.12(5)
prior to or when taking Agency Action on a Project for which the Secretary required an EIR.