20.79.03.02

.02 Environmental Information.

A. The purpose of this regulation is to require the applicant to demonstrate that the application complies with applicable environmental laws, regulations, and restrictions.

B. The application shall include an environmental review document, which shall include the following environmental information:

(1) The following general information:

(a) A general description of the physical, biological, aesthetic, and cultural features, and conditions of the site and adjacent areas;

(b) A summary of the environmental effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation, including but not limited to a discussion of impacts to the Chesapeake Bay and its watershed and the Atlantic Coastal Bays, if applicable;

(c) A copy of all studies of the environmental impact of the proposed project prepared by the applicant; and

(d) A statement of the ability to conform to applicable environmental standards;

(2) A description of the effect on air quality, including the:

(a) Ability of the generating station to comply with:

(i) State or federal ambient air quality standards;

(ii) State or federal emission standards;

(iii) Federal new source performance standards;

(iv) Federal emission standards for hazardous air pollutants;

(v) Prevention of significant deterioration and new source review provisions; and

(vi) Any requirement to obtain emission offsets, allowances, and reduction credits;

(b) Impact on prevention of significant deterioration areas and existing nonattainment areas; and

(c) Information and forms required by the Department of the Environment regulations relating to permits to construct and operating permits under COMAR 26.11;

(3) A description of the effect on water quality and appropriation, including:

(a) An analysis of the availability and suitability of treated wastewater, municipal water supplies, surface water and ground water for the water supply needs of the proposed generating station;

(b) An analysis of options to reduce the water supply demand on freshwater resources from the proposed generating station;

(c) An analysis of construction dewatering needs and estimated amounts;

(d) The identification of affected streams, nontidal wetlands, watersheds, and aquifers and an assessment of the positive or negative impact the project will have on water quality;

(e) The information and forms required by the Department of the Environment regulations related to the impacts on Tier II streams under COMAR 26.08.02, if applicable, and analysis of impacts to water quality of Tier II streams, if applicable, including:

(i) Permanent alterations to resources that support high water quality; and

(ii) An evaluation of alternatives that avoid, minimize, and mitigate impacts;

(f) A description of the impacts on any Maryland Wild and Scenic Rivers and their watersheds, as well as consistency with the Scenic River Plan, if applicable;

(g) A description of the impact on other water users;

(h) A description of the mitigation and minimization techniques evaluated; and

(i) The information and forms required by Department of the Environment regulations relating to water use and appropriation under COMAR 26.17.06.07 and 26.17.07, if applicable;

(4) A description of the extent and effect on State or private tidal wetlands, nontidal wetlands and their buffers or expanded buffers, or waterways and floodplains, including:

(a) Public health and welfare;

(b) Marine fisheries;

(c) Shell fisheries;

(d) Wildlife;

(e) Protection of life and property from flood, hurricane, or other natural disaster;

(f) The evaluation of mitigation and minimization techniques, including proposals related to replacement lands; and

(g) The information and forms required by the Department of the Environment regulations relating to a license for use of State tidal wetlands, nontidal wetlands, or waterways and floodplains under COMAR 26.23 and 26.24;

(5) A discussion of the economics and availability of means for the disposal of plant-generated wastes; and

(6) A discussion of the impact of the project on the State's ability to satisfy:

(a) The renewable portfolio standard requirements set forth in Public Utilities Article, §7-701, et seq., Annotated Code of Maryland; and

(b) The greenhouse gas reduction requirements set forth in Environment Article, §2-1201, et seq., Annotated Code of Maryland.