Environmental Justice Protocols and Resources

Click here to see a list of advance notifications circulated under 301 CMR 11.05(4), relative to new projects proposed within a “designated geographic area” of environmental justice (EJ) populations.

The "designated geographic area" (or DGA) refers to the area around the project site over which MEPA EJ protocols, including enhanced outreach and analysis of impacts, will apply. Advance notification of new project filings is required for most projects within a DGA of EJ populations, either 45 to 90 days (if first notice) or 30 to 90 days (if second notice) prior to filing the project with MEPA. See below for more explanation of MEPA EJ protocols.

The list above includes all projects for which timely advance notifications have been received by the MEPA Office, but the project has not yet been filed with MEPA. This posting will be updated on a monthly basis, and also disseminated through the EEA EJ Office.

To obtain a copy of the advance notification, please send a request for MEPA-EJ@mass.gov.

The Executive Office of Energy and Environmental Affairs (EEA) publishes an EEA Environmental Justice (EJ) Maps Viewer that provides interactive information for areas in the Commonwealth that are identified as EJ Populations based on certain demographic criteria set forth in An Act Creating a Next Generation Roadmap for MA Climate Policy. As required by the legislation, EEA recently updated its EJ Maps viewer with the latest data made available by the U.S. Census Bureau.

The updated EEA EJ Maps viewer is available here. The “Updated 2020 Environmental Justice Block Groups” tab will apply to MEPA filings submitted on or after January 4, 2023. Please use the “Preliminary 2020 Environmental Justice Block Group” tab for MEPA filings submitted before January 4, 2023.

Note that any project for which an EIR Scope was issued prior to January 4, 2023 should continue to apply the EJ mapping in place at the time of the Scope. 

FAQs regarding this update may be found here.

The MEPA Office has finalized two MEPA Environmental Justice Protocols with effective dates of January 1, 2022. The protocols address the new public involvement and analysis requirements for projects undergoing MEPA review as set forth in: (i) Sections 58 and 60 of Chapter 8 of the Acts of 2021: An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the “Climate Roadmap Act” or “the Act”); and the 2021 update to the Executive Office of Energy and Environmental Affairs (EEA) Environmental Justice Policy (the “2021 EJ Policy”).

• FINAL MEPA Public Involvement Protocol for Environmental Justice Populations (effective date of January 1, 2022)
• FINAL MEPA Interim Protocol for Analysis of Project Impacts on Environmental Justice Populations (effective date of January 1, 2022)

These protocols supplement amendments to MEPA regulations at 301 CMR 11.00, which were promulgated on December 24, 2021.

To determine the applicability of the new EJ protocols, the project must identify its location relative to mapped EJ populations. The EJ Maps Viewer, referenced in the MEPA EJ protocols, may be viewed here. See above for information on recent updates to the EEA EJ Maps Viewer.

Under the Act, any project that contains an EJ Population (in whole or in part) within the “Designated Geographic Area” (DGA) of the project site is required to submit an Environmental Impact Report (EIR) in accordance with 301 CMR 11.06(7)(b). In most cases, the DGA will encompass a 1-mile radius of the project site. However, if the project is anticipated to exceed MEPA review thresholds at 301 CMR 11.03(8)(a)-(b) or generate 150 or more New adt of diesel vehicle traffic over a duration of 1 year or more, excluding public transit trips, then the DGA will encompass a 5-mile radius of the project site. The DGA should be drawn from the outermost limits of work. 

As with other mandatory EIR projects, the MEPA review process typically begins with the filing of an Environmental Notification Form (ENF), which is reviewed over a 30-day period that includes a 20-day public comment period. The Secretary would then issue a Scope for a Draft EIR, and subsequently, a Final EIR, each of which is reviewed over a 37-day period that includes a 30-day public comment period. With the exception of the Final EIR, comment periods may be extended upon consent of the Proponent or on account of the Proponent’s failure to meet circulation or public notice requirements. In total, the typical MEPA review process involves at least three steps (ENF, Draft EIR, and Final EIR).

Projects required to submit an EIR under 301 CMR 11.06(7)(b) may request that MEPA review of the project be expedited (shortened) from the typical 3-step review process described above. Specifically, the project may request that the Secretary allow a Single EIR under 301 CMR 11.06(8) or a “Rollover” EIR under 301 CMR 11.06(13), as further described below. However, these projects are not eligible to seek a Full Waiver from the requirement to file an EIR. Projects seeking expedited treatment must submit an Expanded ENF (EENF) in lieu of the normal ENF, and must provide advance notification of the project as explained in the Advance Notification section below.

If a Single EIR is requested, the initial MEPA filing must contain, in addition to the EENF and other required content, a baseline assessment of existing conditions within the identified EJ populations, in accordance with 301 CMR 11.07(6)(n)1. The methodology for performing the baseline assessment is described in Part II of the MEPA Interim Protocol for Analysis of Project Impacts.

If a Rollover EIR is requested, the initial MEPA filing must contain, in addition to the EENF and other required content, both the baseline assessment and an assessment of project impacts on EJ populations in accordance with 301 CMR 11.07(6)(n)1.-4., and must demonstrate that the project will not materially exacerbate any existing unfair or inequitable Environmental Burden and related public health consequences impacting an EJ population, and will not result in a disproportionate adverse effect or increased climate change effects on an EJ population. The methodology for performing this assessment is described in Parts II-IV of the MEPA Interim Protocol for Analysis of Project Impacts. If requesting a Rollover EIR, the EENF must be accompanied by a Proposed EIR, which must be submitted to the MEPA Office as a separate and stand-alone document.

The DPH EJ Tool and US EPA EJ Screen, which are referenced in the MEPA Interim Protocol for Analysis of Project Impacts on Environmental Justice Populations, are publicly available mapping tools that serve as resources in conducting the baseline assessment of existing conditions within identified EJ populations.

Any project that contains an EJ Population (in whole or in part) within the DGA of the project site, except a project consisting of one single family home, is required to undertake measures to promote public involvement through meaningful community outreach and engagement of EJ populations. As noted, the DGA should be drawn from the outermost limits of work. 

Community outreach and engagement activities may be tailored to the nature and complexity of the project, as well as the characteristics of the identified EJ populations around the project site. Section II.B of the MEPA Public Involvement Protocol for EJ Populations provides more guidance, including best practices to be followed.

For certain projects, advance notification of the project must be provided prior to filing, as described in the Advanced Notification section below. This advanced notification is a minimum requirement, and all projects are expected to undertake additional measures to promote public involvement through meaningful community outreach and engagement.

Consistent with 301 CMR 11.05(4), any project that (i) meets or exceeds mandatory EIR thresholds, or (ii) will seek to avail itself of expedited review procedures under 301 CMR 11.06(8) and (13), must provide advance notification of the project to a distribution list generated from an “EJ Reference List” provided by the MEPA Office. The advance notification must be provided no less than 45 days, and no more than 90 days, prior to filing. Proponents shall request the EJ Reference List by emailing MEPA-EJ@mass.gov and shall follow the instructions provided to generate a project-specific “EJ Distribution List” consisting of community-based organizations (CBOs), tribes, and indigenous organizations that can provide a resource in conducting outreach and community engagement activities. The Proponent is encouraged to add to the EJ Distribution List by conducting its own local research into additional CBOs, tribes, or other neighborhood leaders who may have interest in projects undertaken at the project site. Once an EJ Distribution List has been generated, Proponents must respond to the original email from the MEPA Office providing the EJ Reference List by attaching the project-specific EJ Distribution List generated for the project. The list shall be attached in Excel Workbook format (.xlsx/.xls). 

Detailed instructions on generating a project-specific EJ Distribution List will be provided with the EJ Reference List downloadable file. 

The Advanced Notification shall take the form of the "Environmental Justice Screening Form,” which must be translated into all applicable languages as discussed in the Language Translation and Interpretation section below. The project name, location, and succinct (3-4 sentence) description of the project should be included in the body of the email along with the following verbiage: 

Community-based organizations and tribal organizations are receiving this notification in accordance with the MEPA Public Involvement Protocol for Environmental Justice Populations, which took effect on January 1, 2022. And is linked here. 

The EJ Screening Form should be sent concurrently to MEPA-EJ@mass.gov and to those identified in project-specific EJ Distribution List. Refer to Section II.A of the MEPA Public Involvement Protocol for additional guidance on providing advance notification of the project. 

NOTE: If more than 90 days has elapsed since the initial Advanced Notification has been distributed to the EJ Distribution List and the MEPA filing has not been submitted, the Proponent will be required to distribute a second Advanced Notification to an updated version of the EJ Distribution List (after expiration of the initial 90-day period) no less than 30 days, and no more than 90 days, prior to the new anticipated filing date. If more than 90 days elapses after the second Advanced Notification is distributed, then the notification will be deemed to have lapsed and will no longer be valid. Accordingly, any future Advanced Notifications to the EJ Distribution List must comply with the initial requirement to distribute no less than 45 days, and no more than 90 days, prior to filing the project with the MEPA Office. Any EJ Screening Form sent after the expiration of the prior 90 day period should be revised to reflect the new anticipated date of filing with the MEPA Office. The body of the email should also clearly indicate that it is the second Advanced Notification provided for the project. 

Languages for oral interpretation and written translation of materials should be initially identified using the “Languages Spoken in Massachusetts” tab of the EJ Maps Viewer, which presents language data available from the U.S. Census Bureau’s 2015 American Community Survey (ACS) at the census tract level. At a minimum, any languages identified by the 2015 ACS data as spoken by 5 percent or more of residents who identify as not speaking English “very well” (i.e., have limited English proficiency (LEP)) should be used for each census tract located in whole or in part within the designated geographic area (DGA) for the project. Additional language data from the Massachusetts Department of Elementary and Secondary Education (MA DESE) are available at the zip code level as another resource in the “Languages Spoken” tab of the EJ Maps Viewer. However, because these mapping resources cannot always capture the reality of language demographic information at the smaller census block group level, the Proponent, as a best practice, should consult with local Boards of Health and School Districts within the DGA to identify additional languages that may be appropriate to include, including Cape Verdean (referred to as Portuguese Creole by the U.S. Census) or Haitian or Haitian Creole (referred to as French Creole by the U.S. Census). The Proponent must seek specific approval from the MEPA Office and the EEA EJ Director if it wishes to decrease the number of languages used to provide translation services.

If EJ populations are located within the DGA for the project and languages are identified within that DGA, then the project must comply with all requirements in MEPA protocols related to language services, as further explained in this guidance. If EJ populations are not located within the DGA and languages are identified, then the Proponent, in consultation with the assigned MEPA analyst, must coordinate the offer or provision of language services for the MEPA site visit/remote consultation session. The Proponent is encouraged to incorporate language services into any other outreach and community engagement activities conducted for the project.

Written translation is required, at a minimum, for the EJ Screening Form and notice of the MEPA site visit/remote consultation session. The Proponent is encouraged to develop translated fact sheets and other outreach materials as part of its community engagement activities. Note that the MEPA Forms page also contains translated templates of newspaper notices to encourage the use of alternative media outlets such as community or ethnic newspapers.

For community meetings and the MEPA site visit/remote consultation session, the Proponent may require that requests for oral interpretation be made in advance with sufficient time to allow for cancellation of the service prior to the meeting. In this case, the notice of the meeting must include a translated offer to provide oral interpretation services with instructions on how and when to request the service. If the need for advance request results in an unreasonable shortening of the period of notice of the meeting before an interpretation request can be made (e.g., the meeting is noticed for 10 days later but a request for interpretation must be made at least 7 days in advance), then it is the expectation of the MEPA Office that the comment period for applicable MEPA filings will be extended to accommodate a reasonable time for notice to LEP populations. In addition, if the EEA EJ Mapper indicates that a particular language is spoken by more than 10% of LEP residents in any census tract located in whole or in part within the DGA, it is recommended that the Proponent arrange for an oral interpreter to be present at the meeting, without the need for advance requests.

Please refer to Part II of the MEPA Public Involvement Protocol for Environmental Justice Populations for additional guidance on language services.

Any project required to submit an EIR under 301 CMR 11.06(7)(b) must assess climate change effects on EJ populations, in accordance with the MEPA Interim Protocol for Analysis of Project Impacts. The assessment must be conducted consistently with the MEPA Interim Protocol on Climate Change Adaptation and Resiliency and the output report generated from the Climate Resilience Design Standards Tool.

Projects that do not exceed mandatory EIR thresholds, but are required to prepare an EIR solely due to the application of 301 CMR 11.06(7)(b), must conduct a greenhouse gas (GHG) emissions analysis of stationary sources if the project is expected to generate 2,000 tons per year (tpy) of GHG (CO₂) emissions from conditioned spaces that are likely to be used or occupied by EJ populations. The analysis must be conducted consistently with the 2010 MEPA GHG Policy and Protocol (“2010 GHG Policy”). Consistent with prior practice, all projects that exceed mandatory EIR thresholds remain subject to the 2010 GHG Policy.

The estimate of GHG emissions can be generated using the GHG Emissions Footprint Estimation Tool. Please reference the results of the tool in the MEPA filing. 

Please refer to Part IV of the MEPA Interim Protocol for Analysis of Project Impacts for additional guidance on preparing a climate change assessment in relation to EJ populations. 

Proponents can schedule a joint pre-filing meeting with the MEPA Office and EEA's EJ Office to discuss an upcoming project. The joint MEPA-EJ prefiling consultations are scheduled on Thursdays and are intended for complex projects, where the Proponent seeks specific guidance on community engagement strategies or the scope of analysis of impacts on EJ communities.

Prefiling meetings are not required by the new MEPA EJ protocols effective January 1, 2022. If you are seeking general information on MEPA procedures, please book time with the MEPA Office on Tuesday or Wednesday.