Tori Kim, Assistant Secretary/MEPA Director
Slide One
Hello, and welcome to this video, which introduces the Massachusetts Environmental Policy Act program, or “MEPA” program for the Commonwealth of Massachusetts. The “MEPA” program provides meaningful opportunities for public participation in the review of both public and private projects proposed in the Commonwealth. In this video, I'll spend about 20 minutes going over the basics of “MEPA”, including what “MEPA” is, when “MEPA” review is required for projects, and what happens during the “MEPA” review process.
If you're interested in additional details about how you, as a member of the public can participate in “MEPA”, I'll direct you to a separate video that's available on the “MEPA” website that was prepared by the “MEPA” Environmental Justice Liaison, Kate Harson, and is also interpreted in the language you are hearing now.
Slide Two
Thank you for your interest in the video. This presentation was originally given by Tori Kim, the Assistant Secretary for the Executive Office for Energy and Environmental Affairs, and the director of the “MEPA” office. This interpreted video was prepared to provide access to this education content from the “MEPA” office for people with language access needs.
The “MEPA” Office welcomes your interest in this video and is glad you're here.
Slide Three
As I've indicated, this video will go over the basics of “MEPA”, what the “MEPA” program is, when “MEPA” review is required, and what happens during the review process.
I'll also go over some specific environmental justice requirements that were incorporated into the “MEPA” review process as of January of 2022.
Slide Four
The “MEPA” program is modeled on the federal program called “NEPA” or National Environmental Policy Act. These statutes were enacted in the early 1970s to ensure that the environmental impacts of projects are reviewed before they are approved.
About 16 other states have similar programs that are often referenced as “mini-NEPA”.
The principles of “MEPA” program are threefold.
First and foremost, it ensures that an environmental review is conducted before a project is approved and at a time when project alternatives can still be considered and adopted.
“MEPA” review is intended to be broad and, in most cases, will encompass all applicable environmental impacts that may flow from the project.
And last, public participation is a critical component, and “MEPA”seeks to ensure meaningful opportunities for public review.
As I've indicated, we've prepared a separate slide on how members of the public can participate in the “MEPA” review process and that is available in a separate video on the “MEPA” website.
Slide Five
The purpose of “MEPA” is set out in the statute itself. However, I will go over some key aspects in this slide.
First, the “MEPA” review ensures a review of environmental impacts and to ensure that projects make best efforts to avoid or minimize environmental harm.
If avoidance and minimization measures are not feasible, then to propose mitigation to the maximum extent practicable.
As I've indicated, public participation is a key component, and “MEPA” seeks to ensure meaningful opportunities for public involvement to ensure that the public is involved in governmental decisions that may affect the environment.
And lastly, “MEPA” seeks to coordinate agency review. As I will describe further in the next slide, the “MEPA” office does not directly approve or deny the project. However, because there may be multiple agencies that have various forms of approval or permitting authority, the “MEPA” review process affords opportunity to coordinate those reviews by the agencies involved. The information that's gathered during the “MEPA” process will inform the actions that those agencies will take.
Slide Six
So when is “MEPA” review required? There are two conditions that are required for a project to undergo the “MEPA” review process.
First, as, I indicated, some form of action is required by an agency. In most cases, that will be a state agency, however, certain municipal authorities, such as redevelopment authorities or housing authorities may also qualify as agencies under “MEPA”. The forms of agency action that require meet the review are varied but could include the agency directly undertaking a project as the project proponent or could also include various forms of approvals or permits by agencies that required for projects proposed by third parties and could also include funding and land transfers such as easements or fee transfers that may be required.
The fact that agency action is required for a project, however, is not sufficient to require the additional level of review through the “MEPA” process. The “MEPA” regulations at 301 “CMR” 11.03 set out certain levels of environmental impacts that are referenced as review thresholds that also dictate whether the project requires review. These review thresholds are organized into several categories of environmental impacts and include land, rare species, wetlands, water, wastewater, and other impacts that are listed in this slide.
Agency promulgation of regulations that may decrease Environmental Protection may also be subject to “MEPA” review.
Slide Seven
So what happened during the “MEPA” review process?
At its heart, “MEPA” review entails the review of environmental documentation related to the impacts of the project and the taking of public comments and the issuance of an ultimate decision, called a certificate that's issued by the Secretary of Environmental Affairs upon the recommendation of the “MEPA” office.
There are two general types of environmental documentation that undergoes “MEPA” review.
The first is called the Environmental Notification Form, or the “ENF”. This is the initial project filing that is submitted to the “MEPA” office. The “ENF” form is available on the “MEPA” website and also includes a list of required technical attachments such as the project site plans, a mapping of the natural resource areas that are protected within that project area, and now environmental justice mapping, as well as a climate assessment. The “ENFs” are published twice a month in an online publication called the Environmental Monitor. The link to the Monitor is available on the “MEPA” website and members of the public can also sign up for an e-mail notification twice a month whenever the Monitor is published. Public comments on the ”ENF” are taken for 20 days and the decision is issued within 10 days thereafter. The comment period on the “ENF” can be extended with the consent of the proponent.
The certificate on the “ENF” will state whether further environmental review in the form of an Environmental Impact Report, or “EIR”. And if an “EIR” is required, what must be included in that environmental documentation.
And that's the second type of environmental report that I will go over next.
As I've indicated, the Environmental Impact Report and it's a lengthier, more technical type of documentation that is required. There is no prescribed form from the “EIR”; however, the “MEPA” regulation set out detailed guidance about the sections and headings that must be included.
The “MEPA” office also issues a variety of specific protocols and guidance documents in areas such as traffic and greenhouse gas emissions and now environmental justice and climate resilience.
The “EIR” is published again twice a month in that Environmental Monitor. Public comments are taken for 30 days and the district decision issued within 7 days thereafter. The comment period can be extended on the “EIR”; however, the comment period for the final “EIR” that's submitted with the “MEPA” office cannot be extended.
The decision on the “EIR” will state whether that EIR is adequate to meet “MEPA” regulatory requirements and if not, whether additional “EIR” are required.
As of January 1, 2022, all projects that require “MEPA” review based on those two requirements that I went over earlier and are also proposed near environmental justice communities must now submit both of the environmental documentation listed here, both the initial project notification form as well as a mandatory ”EIR” document.
Slide Eight
So in this slide, we've offered more of a pictorial depiction in the form of flow chart that goes over in more of a step-by-step fashion what happened during the “MEPA” review process.
As I indicated, all new projects filed with “MEPA” will file this “ENF” form which undergoes that 20-day comment period with decisions issued within 10-days thereafter.
At the conclusion of “ENF” review, the Secretary of EEA determines whether an “EIR” is required. In most cases, this will depend on two key factors. First is whether the project is exceeds what's called mandatory “EIR” thresholds in “MEPA” regulations. As I described earlier, these review thresholds layout levels of impacts that mandate the “MEPA” review process. The lower levels of impacts are called “ENF” thresholds and that applies to all “MEPA” projects and dictates whether the filing of an “ENF” is required. However, higher levels of environmental impacts are covered by what's called mandatory “EIR” thresholds, an example of this would be 10 acres of impervious area or 50 acres of all land alteration. If those review thresholds are exceeded for the project, then mandatory “EIR” is required.
As of January 2022, as I indicated, “MEPA” also look at whether the project is proposed near environmental justice populations, either one mile, or five miles if the project effects air quality, and if either of those factors are met, then mandatory “EIR” is needed.
So if neither of these factors are implicated for the project, then in most cases “MEPA” review will conclude at the at the end of the “ENF” review process. However, the Secretary of EEA always retains discretion to order a discretionary ”EIR”.
But if mandatory ”EIR” thresholds are exceeded, or if the project is proposed within one or five miles of Environmental Justice populations, then it's now a mandatory ”EIR” review.
This ”EIR” takes multiple forms in the standard process of draft, and subsequently a final ”EIR” is submitted, each of which is subject to the 30-day comment period. In some cases, the proponent might may request that a single ”EIR” is submitted, in which case it's a single ”EIR” review. There are also additional forms of streamlining, such as an ”EIR” called a “rollover”, which is submitted together with the initial “ENF” filing and if all requirements are met, that ”EIR” is “rolled over” for an additional comment period.
At the conclusion of ”EIR” review, the Secretary ultimately determines whether that final EIR is adequate to comply with legal requirements. If not, supplemental ”EIR” can also be required. However, if all requirements are met, then a final certificate is issued and the project then continues to the next stages of approval. As I indicated earlier, the “MEPA” office does not ultimately approve or deny the project and so the conclusion of “MEPA” review does not indicate approval for the project. It goes on to the next stages, where other agencies that hold that ultimate approval authority will issue their final decisions.
Slide Nine
As I've indicated, the legislation passed in 2021 now impose new requirements related to environment justice that went into effect as of January 1, 2022. The key requirement is that mandatory ”EIR” requirement that I've already described. However, the climate legislation, called the “Climate Road Map Act”, also added new requirements related to public involvement and indicated that if an environmental justice population lacks English language proficiency, in particular, then additional measures should be taken to enhance opportunities for public involvement.
The Act required the Secretary of EEA to issue guidance on what additional methods are required.And I will note that underneath “MEPA” regulations, this outreach requirement was broadened to require a minimum level of outreach and public engagement activities for most projects proposed near environmental justice population.
And as I've indicated that designated geographic area is at minimum one mile around the project boundary if environmental justice populations are located in that radius. However, if the project effects air quality, and that is defined in “MEPA” regulation, then that geographic area is increased to 5 miles.
Slide Ten
So that concludes the basics of the “MEPA” process. In this final slide, we've also offered some project statistics that show the types and numbers of projects that have been filed with “MEPA” since the environmental justice requirements went into effect in 2022. As is indicated at the bottom of the slide, in the period between January 1, 2022 and the end of 2024, a total of 410 new project filings were submitted with “MEPA”, and over 50% of those projects were proposed near environmental justice populations and are subject to those new environmental justice protocols and regulations that I described earlier, including a mandatory “EIR” requirement.
Consistent with past practice, the top category of the highest number of filings are in the real estate category, including commercial and residential projects. However, energy infrastructure and increasingly restoration and climate resiliency projects are also filed with “MEPA”.
Slide Eleven
So that concludes this presentation on the basics of the “MEPA” review process. If you have additional questions, the contacts for the “MEPA” office are available on the “MEPA” website, and that now includes the new Environmental Justice Liaison, Kate Harson, who can be contacted at the e-mail address indicated on this slide.
The “MEPA” office very much welcomes your interest in the “MEPA” review program and looks forward to your participation in “MEPA” reviews. Thank you.