11.13: Emergency Action

(1)  Commencement of Project for Emergency Action and Initial ENF. In the rare case when Commencement of a Project is essential to avoid or eliminate an imminent threat to environmental resources or quality or public health or safety, the Proponent may undertake Commencement of the Project without prior due compliance with MEPA and 301 CMR 11.00 provided that the Proponent shall make all reasonable efforts to obtain the prior written approval of the Secretary. The Proponent shall limit any emergency action taken without prior due compliance with MEPA and 301 CMR 11.00 to the minimum action necessary to avoid or eliminate the imminent threat. The Proponent shall file an initial ENF describing the Project in as much detail as is then known within ten Days of Commencement of the Project. The initial ENF shall describe all measures taken to avoid or minimize potential environmental impacts from the emergency action, describe any additional measures to be taken to mitigate potential environmental impacts from the emergency action, and list any Agency to which the Proponent provided prior notification of, or from which the Proponent received prior approval for, the emergency action. Within the earlier of 60 Days of Commencement of the Project or when the threat is no longer imminent, the Proponent shall undertake full due compliance with MEPA and 301 CMR 11.00 by filing an amended or substitute ENF or any other review document that the Secretary may require after reviewing the initial ENF.

(2)  EIR After Emergency Action. An EIR for a Project on which the Proponent undertook emergency action shall describe specific alternatives to the emergency action, the necessary duration of the emergency action, and the appropriateness or necessity of undertaking similar action in similar future circumstances.

(3)  Programs or Projects Not Considered Emergency Action. Any program, regulations, policy, or other Project implemented or undertaken to deal with future emergencies, or periodic recurrence of an emergency condition, shall not be considered an emergency action.

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