Md. Code Regs. 26.03.11.09

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.03.11.09 - Environmental Impact Statement

A. Criteria for Initiating Environmental Impact Statements. If the Department determines, after the environmental review, that significant environmental impacts may occur and cannot adequately be mitigated or that any of the conditions set forth in 40 CFR § 6.108(a) -----(g) and 6.509 exist, the applicant shall prepare a draft EIS and shall submit it to the Department for preliminary approval.

B. Content of Environmental Impact Statements. Preparers of EIS's shall conform with the requirements of 40 CFR 6.201 ----- 6.205 in intent and scope. The Department may specify any additional issues it requires to be addressed in the EIS.

C. After the Department grants preliminary approval of the draft EIS, the Department shall assure the review of the draft EIS by State and federal agencies through the State Clearinghouse, and shall allow these agencies a 20-day comment period.

D. Public Inspection of Documents. Within 10 days after the Department grants preliminary approval of a draft EIS, the Department will make available for public inspection in at least one location in the region in which the project is located, a copy of the draft EIS, the EID, the environmental assessment, the loan application, and a copy or summary of other materials considered by the Department.

E. Written Comments and Request for Hearing. Within 10 days after preliminary approval of the draft EIS, the applicant shall publish a prominent advertisement in at least one newspaper of general circulation in the area concerned. The advertisement shall be made at the applicant's expense and in a format stipulated by the Department and shall include:

(1) A summary of the nature and location of the proposed project;

(2) The place where the materials required by §D, above, are available for public inspection;

(3) A statement that the public has 10 days after the advertisement publication date to submit a written request for a public hearing, to be held jointly by the Department and the applicant, on the draft EIS;

(4) A statement that the public has 20 days after the advertisement publication date to submit written comments; and

(5) The address to which the comments or request for a public hearing may be sent.

F. The applicant shall file a copy of the public notice and a certification of publication with the Department.

G. The Department may schedule a joint public hearing on the draft EIS if the:

(1) Department determines the environmental impact of the project is of broad, general interest; or

(2) Project generated substantial public interest as indicated by written comments concerning the environmental impact.

H. Notification of Public Hearing. If the Department schedules a joint public hearing on the draft EIS, the applicant shall notify the public of the scheduled public hearing by placing a prominent advertisement in at least one newspaper of general circulation in the region affected. The notice shall:

(1) Be at the applicant's expense;

(2) Give the date, time, location, and subject of the hearing; and

(3) Be published at least 20 days before the scheduled hearing.

I. Upon request by the Department, the applicant shall have 10 working days to respond to any comments on the draft EIS.

J. Proposed Final EIS. Not sooner than 5 working days after concluding any public hearing held under the provisions of this regulation, and if no information is presented that would affect the issuance of a proposed final EIS, the Department, in writing, will authorize the applicant to prepare a proposed final EIS.

K. Review of Proposed Final EIS. The Department will make the proposed final EIS available to the public by distribution to a mailing list consisting of persons who submitted comments to or attended any public hearing on the draft EIS, and to public libraries in the area concerned.

L. Final EIS. After a 15-day comment period, the Department will determine to proceed or not to proceed with the project and will issue its record of decision in the final EIS.

M. Mitigation Measures. In the final EIS, the Department shall list any mitigation measures necessary to make the project environmentally acceptable. Mitigation measures shall be included in the loan agreement and may be included in the construction permit or NPDES discharge permit.

N. Cost of EIS. The cost to the applicant of preparing the EIS is eligible to be financed with loans made by the Administration.

Md. Code Regs. 26.03.11.09