Massachusetts Environmental Policy Act (MEPA) Regulations
The Massachusetts Environmental Policy Act (MEPA) Regulations, 310 CMR 11.00 et seq., were last revised as of May 10, 2013, and now contain language that requires all state agencies to prepare for climate change impacts, in addition to limiting greenhouse gas emissions.
MEPA and the review process requires state agencies to consider the environmental consequences of their actions, including permitting and financial assistance, and take all feasible measures to avoid, minimize, and mitigate damage to the environment. MEPA applies to projects above a certain size that involve some state agency action. These include projects proposed by a state agency or projects proposed by municipal, nonprofit, or private parties which require a permit, financial assistance, or land transfer from state agencies.
The revisions to the MEPA regulations, 310 CMR 11.00 et seq., create new thresholds for GHG emissions that are equivalent to permitting requirements recently established by the U.S. Environmental Protection Agency under the Clean Air Act. These and other thresholds in the MEPA regulations are intended to identify categories or aspects of projects that, by their nature, size or location, are likely to directly or indirectly cause damage to the environment. The definition of “Damage to the Environment” for the Act has been expanded to reflect additional climate change impacts, including reduction of groundwater levels, impairment of water quality and increases in flooding or stormwater flows.
The revised regulations also incorporate provisions that “the reasonably foreseeable climate change impacts of a project, including its additional GHG emissions, and effects, such as predicted sea level rise, are within the subject matter of any required permit, land transfer or financial assistance.”
Examples of projects which will require MEPA review include the alteration of 25 or more acres of land; alteration of designated significant habitat, and/or taking of endangered or threatened species or species of special concern; alteration of coastal dunes, barrier beaches, or coastal banks; and projects proposed within an Area of Critical Environmental Concern.
The 'Environmental Monitor' provides information on projects under review by the MEPA office, recent MEPA decisions of the Secretary of Energy & Environmental Affairs, and public notices from environmental agencies. http://www.env.state.ma.us/mepa/emonitor.aspx
Publication Date: May 10, 2013
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- Regulation
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