Massachusetts Environmental Policy Act Unit.

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The Massachusetts Environmental Policy Act (MEPA) Unit was established in 1978, as a result of St 1977, c 947, s 1-5 (An Act Further Regulating Environmental Approval for Certain Projects). This legislation amended chapter 30 of the General Laws by striking out section 62 as it had been amended by section 2 of chapter 257 of the acts of 1974 and inserting in its place sections 62 and 62A-62H. Section 61 of chapter 30 of the General Laws, which was inserted as a result of St 1972, c 781, s 2, provides for MEPA review.

The MEPA Unit, administered under the authority of the secretary of environmental affairs, functions as an agency of review in actions within the state that may have an impact on the environment. In this capacity, the MEPA Unit makes recommendations to the secretary of environmental affairs regarding action to be taken to protect the environment, based on review and evaluation of environmental notification forms and environmental impact reports filed by agencies, groups, and individuals (referred to by the MEPA Unit as proponents) within the Commonwealth. As part of a public agency designed to monitor and protect the environment from actions, both public and private, that may damage it, the MEPA Unit makes available to the public notice of all projects under review through the bi-monthly publication, the Environmental Monitor.

The MEPA Unit and other agencies of the Executive Office of Environmental Affairs use the chapter 30, section 61 definition of damage to the environment: "any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth...[which] shall include but not be 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 sources; destruction of seashores, dunes, marine resources, underwater archeological resources [as inserted by St 1973, c 989, s 4, approved November 2, 1973], wetlands, open space, natural areas, parks, or historical districts or sites."

Prior to the 1977 legislation, which took effect February 15, 1978, the Massachusetts Environmental Policy Act was carefully modeled after national environmental impact legislation. Under this structure, each state agency was essentially responsible for the review of its own activities, whether conducted by it or by private entities under review by that agency. The 1978 revision centralized the review power under the secretary of environmental affairs, but left ultimate responsibility for evaluating the environmental impact to the agencies. This means that the power to grant or to deny permits or to proceed with or to terminate projects is retained by each agency, but that the decision to require environmental impact reports and the scoping determinations and decisions on the adequacy of the draft or final report are made by the secretary or his own review staff, which is the MEPA Unit.

MEPA jurisdiction for private projects is limited to that of necessary Commonwealth permits. But permit jurisdiction limits do not apply to state agency projects, to state-funded projects, or to projects undertaken on state-owned land or land acquired from the state. For these actions, there is full MEPA jurisdiction and the MEPA Unit may issue a scope on any aspect of the project. Regulations and instructions for filing and publication of environmental notification forms and environmental impact reports are made available by the Office of the Secretary of State and are known as the Massachusetts Environmental Policy Act (MEPA) and the Areas of Critical Environmental Concern (ACEC) Regulations, or as 301 CMR 11.00-12.00. These regulations explain the MEPA review process and its timetables.

From the description of Agency history record. (Unknown). WorldCat record id: 86132213

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