Chapter 08. Implementation of The Maryland Environmental Policy Act
Regulation .01 Policy.LinkCopy Citation
A.
It is the policy of the Department of Transportation that the Department, and each of its administrations, agencies, boards, commissions, and other units, conduct its affairs with an awareness of its responsibility for the protection of the environment for the present and future. The Maryland Environmental Policy Act (Act), Chapter 703 of the Laws of 1973, as codified in §§1-301—1-305, Natural Resources Article, Annotated Code of Maryland, mandates that State agencies, in balancing economic development and environmental quality, shall engage in thoughtful consideration of the environmental effects of their proposed actions, including: ecological, socio-economic, developmental, recreational, historic, architectural, aesthetic, and other values. Environmental assessment forms (EAF) and environmental effects reports (EER), as defined in the guidelines of the Department of Natural Resources adopted pursuant to the Act, will be utilized by the Department to accomplish this purpose, as well as to purpose, as well as to increase public participation in the planning of Departmental projects and to provide the General Assembly with additional social, economic, and natural environmental information to assist it in deciding upon legislative appropriations for projects in the annual capital budget.
B.
The requirements of the Act are consistent with and, in many respects, covered by the Maryland Action Plan adopted by the Department as COMAR 11.01.06 to document departmental policy for the planning and development of all transportation improvements.
Regulation .02 Statutory Requirements.LinkCopy Citation
A.
“Proposed State action” is defined in the Natural Resources Article, §1-301(c) as “requests for legislative appropriations or other legislative actions that will alter the quality of the air, land or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.”
B.
The Act requires environmental effects reports only in connection with requests for legislative appropriations or legislative actions which significantly affect the environment, natural as well as socio-economic.
Regulation .03 Environmental Assessment Form and Environmental Effects Report.LinkCopy Citation
A.
Environmental Assessment Form (EAF).
(1)
An EAF will be completed for each of the proposed actions identified by the Act and described by these guidelines.
(2)
The EAF (an example of which appears in Regulation .08A) consists of a list of questions which can be answered “yes”, or “no”, or “comments attached”. The answers to the questions on the environmental assessment form will assist in determining whether or not an environmental effects report will be prepared. An answer of “yes” will generate a presumption in favor of preparation of an environmental effects report. However, this presumption may be overcome by the official preparing the assessment form by checking “comments attached” and explaining why an action in his opinion needs no environmental report even though some of the questions of the EAF are answered affirmatively.
(3)
It is anticipated that the use of the EAF early in the decision-making process will promote the objectives of the Act by stimulating consideration by the Department of environmental and socioeconomic effects of the proposed action.
B.
Environmental Effects Report (EER). An environmental effects report (EER) will consist of an environmental assessment form (See Regulation .08A) which will be attached to the front of every EER, and the body of the EER report. The amount of detail provided in the report will be commensurate with the extent of the expected impact of the action. In general, the greater the magnitude of impact the more detailed will be the discussion. For a particular action, some sections will be given more attention than others. Sections which are especially relevant to a particular action will be treated extensively. Nevertheless, each section will be given at least summary treatment. The body of every report shall contain the following sections:
(1)
Summary of Environmental Effects Report. The summary, the purpose of which is to enable the General Assembly and the public to determine quickly the nature, location, alternatives to, and effects of, any particular agency action, shall:
(a)
Identify the administration, agency, board, commission or other unit of the Department issuing the report and responsible official; and
(b)
Provide a short summary (1 to 2 pages) of the information contained in the environmental effects report (See Regulation .08B).
(2)
Description of the Proposed Action. This shall include a concise statement of the ecological, socioeconomic, and other objectives that the proposed action intends to fulfill; e.g., numerical expression, where appropriate, of the increase in employment opportunities, new office facilities, and increase in per capita income. When appropriate, the objectives will be discussed in the context of “State plans”, “regional demand studies”, or other broad frameworks. It shall also include:
(a)
The proposal by name.
(b)
The specific location of the proposed action shown on a map.
(c)
A description of the extent (i.e., square feet, acres, miles of right-of-ways and other pertinent physical characteristics) of the project. The project description will contain a discussion of development associated with the proposed site and the secondary developments required by the proposed action including the need for utilities, other services, and transportation systems necessary to support the primary development of the site. Public facilities and public investments that might result if the proposed action is taken will be discussed. If the action is a portion of a larger action, then the relationship of the action under consideration to the larger action will be discussed. The historical background and current status of the proposed action in regard to engineering, construction and activation schedule will be summarized. The cost of the action and the proposed method of financing will be identified.
(3)
Alternatives to the Proposed Action. This section will include a description of the alternatives considered for meeting the objectives of the proposed action. Alternatives may include:
(a)
No action;
(b)
Deferring action; or
(c)
Other approaches to meeting the main objectives, including:
(i)
Other locations for the proposal;
(ii)
Other ways to accomplish the objective;
(iii)
Different scaling of the development of the proposal (e.g., to provide greater coordination with community development plans and presently existing planned usage patterns);
(iv)
Other scheduling or timing of the proposal (e.g., to avoid potential disruptive effect on the local economy, or to assure adequate revenues to finance the proposal).
(4)
A comparison of environmental and socioeconomic effects associated with the alternatives will be undertaken. Specific reasons for rejecting each alternative in favor of the present proposal will be stated.
(5)
Environmental (Ecological and Socioeconomic) Setting Without the Action. This section will include both the regional and local setting of the project and address applicable considerations in the EAF and the environmental checklist provided in §B(6).
(6)
Adverse and Beneficial Environmental Effects.
(a)
The Environmental Considerations Checklist. The following list of environmental considerations will guide the development of the “setting without the action” and the adverse and beneficial environmental effects section. These factors, some of which may not be applicable to specific projects, may include, but are limited to:
(i)
Hydrology;
(ii)
Geology;
(iii)
Physiography and geomorphology;
(iv)
Climatology;
(v)
Soils;
(vi)
Biotic consideration--plants and animals;
(vii)
Aesthetic considerations;
(viii)
Employment pattern considerations:
(ix)
Tax revenue considerations;
(x)
Impact on retention of current industry;
(xi)
Impact on attraction of new industry;
(xii)
Impact on attractiveness of area for tourism;
(xiii)
Cultural and socioeconomic considerations;
(xiv)
Historical considerations;
(xv)
Archeological considerations;
(xvi)
Land uses;
(xvii)
Water uses;
(xviii)
Energy and utilities.
(b)
Adverse environmental effects include discussion of the reduction, conversion, loss, or other adverse effect on the quality or quantity of applicable environmental considerations.
(c)
Beneficial environmental effects address the renewal, conservation, preservation, enhancement, or other beneficial effect on the quality or quantity of the applicable environmental considerations.
(d)
Depth of Analysis. The adverse environmental effects section and the beneficial environmental effects section will examine and discuss only those considerations of the environmental considerations checklist that the project or action significantly effects. Several factors may be considered in deciding how extensively a particular natural and socioeconomic environmental considered should be treated:
(i)
The magnitude of the project (geographic extent and duration);
(ii)
The extent to which the particular environmental consideration will be effected;
(iii)
The extent to which alternatives may result in different effects upon the particular consideration; and
(iv)
The cost of the action (ecologic and socioeconomic), both short-term and long-term.
(7)
Measures Taken to Minimize Adverse Environmental Effects and Maximize Beneficial Environmental Effects.
(a)
Whenever appropriate remedial, protective, or mitigating considerations such as monitoring, alternate employment opportunities, alternate sources of lost revenues, maintenance, replacement operations, and follow-up activities which could or will be undertaken as a part of the proposed action will be included.
(b)
Also, whenever appropriate, measures which could or will be undertaken to maximize potential beneficial environmental effects will be included.
(c)
Any legal requirements for mitigation, the cost of the design and construction of each mitigation measure, alternative mitigation techniques, and the basis for the choice of one mitigation technique over other possible approaches, will be discussed.
(8)
Unavoidable Adverse Environmental Effects. This section will include the following:
(a)
A statement of the unavoidable detrimental aspects of the proposed action, which identifies the nature, extent, and the cost of the adverse effects;
(b)
The objections to adverse effects raised by individuals or groups;
(c)
Assessment of the cumulative and long-term effects of the proposed action with particular attention given to aspects of the project that would narrow the range or diversity of the beneficial use of the natural socioeconomic environment or pose long-term risks to health, safety, welfare, or the economic or social betterment of the locality or the State.
(9)
Coordination with Other Interested Parties. A description of the coordination and liaison relationship established in developing the proposal and the environmental effects report will be included. This section may include participation of the business community, public and citizen groups, government agencies, and academic institutions.
Regulation .04 Development of Capital Projects Under EAF and EER.LinkCopy Citation
A.
Capital Projects.
(1)
The activities of the Department involve many areas including:
(a)
Planning, design, and construction of rapid transit, highway, airport, port, rail, and bus facilities in the State;
(b)
Programs of transportation assistance to local and regional bodies; and
(c)
Regulation of transportation operations, mainly through licensing and registration requirements.
(2)
An EAF will be prepared early in the decision-making process to assist in determining whether actions related to any of these areas significantly affect the environment. After completion of the EAF, the affected administration of the Department will determine whether an EER will be prepared. The actual writing of the report may not begin until the proposal has some defined scope and general characteristics, but environmental impacts analysis will be an integral part of developing the proposal.
(3)
The timing and type of community and public agency involvement in this analysis will be determined on a case-by-case basis in conformance with the policies outlined in the Department's Action Plan, as adopted by COMAR 11.01.06.
B.
State System Projects. The Department's capital budget request asks for program rather than specific project appropriations. Therefore, the forms and reports will be related to phases of project development as defined in the part of the Action Plan applicable to the modal administration which develops the project and the consolidated transportation program which supplements the budget request. The form and, when necessary, report will be developed for State projects during the planning phase which is the first phase of the project development. The scope and general characteristics of the project are defined during this phase. The reports will be available to the public and submitted to the State Clearinghouse before the next phase of project development, the final design, in which the detailed specifications of the project are defined. The design phase precedes the time a State project is scheduled for right-of-way acquisition and construction in the Department's consolidated transportation program. Thus, the reports will be on file before the request to fund the budget year of the consolidated transportation program in which the right-of-way or construction phases of the project are scheduled to start.
C.
State-Aided Local Projects. Capital budget appropriations for the Department's programs of transportation assistance to local jurisdictions are requested before the time detailed information on specific projects is available. Therefore, an environmental assessment form covering each of these grant programs in a general manner will be prepared and submitted before the request for capital appropriations.
Regulation .05 Circulation.LinkCopy Citation
A major aim of the Maryland Environmental Policy Act is to provide public notice of actions which have environmental effects before legislative action. To that end, the following procedures are established:
A.
All environmental assessment forms and environmental effects reports shall be available for inspection by the public at the operating administration within the Department which prepared the reports, and copies will be available from the Department upon written request free of charge to the fullest extent possible.
B.
The Department shall file copies with the State Clearinghouse which will prepare a list by title of every environmental effects report or environmental assessment form filed in the preceding month, naming the Department and including a short description of the locale affected and the amount of funds requested. Monthly, the list will be distributed by the State Clearinghouse to:
(1)
All members of the State General Assembly;
(2)
Selected State agencies;
(3)
All newspapers, private citizens, and citizen groups who request the listing and pay a subscription fee.
Regulation .06 Related Federal Requirements.LinkCopy Citation
A.
Many programs and projects of the Department use federal funds and are therefore subject to national environmental requirements. Most of these projects, for example, come within the coverage of the National Environmental Policy Act (NEPA), passed by the Congress in 1969 and effective as of January 1, 1970. In many respects, the environmental impact statement and the environmental effects report required under the Maryland Environmental Policy Act (ACT) are similar both in purpose and in content.
B.
The federal law and the State law clearly overlap in many respects. The Maryland Department of Transportation feels it would be inefficient to duplicate the effort involved in preparing a separate State environmental effects report on any program or project for which a federal environmental impact statement is also required. Therefore, one report will be developed covering the requirements under both laws.
C.
When a program or project of the Maryland Department of Transportation comes under the National Environmental Policy Act and the responsible federal official issues a Finding of No Significant Impact (FONSI) (a statement which says that in his view the proposal does not significantly affect the quality of the human environment nor is it a major federal action and therefore an environmental impact statement is not required), that FONSI will be included with the environmental assessment form, and no environmental effects report will be developed.
Regulation .07 Unaffected Projects.LinkCopy Citation
The following types of capital improvements are not subject to the reporting requirements of these procedures either because they do not significantly affect the environment or because they are not the subject of “proposed State action” that is, there is no specific request for legislative appropriation or other legislative action for the improvements:
A.
Installation, modification, or renewal of navigational, traffic control, and safety equipment such as signing, signalization, lighting, fencing, freeway surveillance and control systems, railroad protective devices, roadway grooving, glare screens, safety barriers, and energy attenuators;
B.
Interior or exterior renovation of transportation facilities which does not significantly increase capacity;
C.
Overlay or resurfacing of existing taxiway, runway, ramp, roadway, and parking lot surfaces;
D.
Modernization and improvement of existing highways by resurfacing, reconstruction of roadbeds, widening less than single lane width, adding shoulders, adding auxiliary lanes for localized purposes, correcting substandard curves and intersections, spot improvements, drainage improvements, erosion control, and channelizations;
E.
Addition of scenic lands, rest areas, and scenic overlooks without sewage discharge;
F.
Junkyard and outdoor advertising control projects;
G.
Traffic noise attenuation projects;
H.
Reconstruction of grade separations;
I.
Approval of utility installations along or across a transportation facility;
J.
Construction of bicycle and pedestrian lanes, paths, and facilities;
K.
Improvements to existing rest areas and truck weigh stations;
L.
Ride-sharing activities;
M.
Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons;
N.
Bridge redecking, resurfacing, and minor rehabilitation (superstructive only); and
O.
Modification, upgrading, repair, or retrofitting of existing stormwater management facilities or the retrofit construction of new facilities when not done in conjunction with another transportation project.
Regulation .08 Forms.LinkCopy Citation
Environmental Assessment Form (EAF)
This form is to assist the reviewers in determining whether a proposed action could cause significant natural and socioeconomic environmental effects and thus require an environmental effects report.
Department _______________________________ Division _________________________
Other ____________________________________________________________________
Project Title _______________________________________________________________
Predicted Dates: Commencement _______________________________________________
Completion _____________________________ Projected Cost _______________________
A.
Background Information.
(1)
Give a brief description of the proposed action/project(s).
(2)
Describe the geographical area(s) which will be affected by the action/project(s); specifically locate the project by using the Maryland coordinate grid system; include distinguishing natural and man-made features and a brief description of the present use of the area(s). Include a suitable location map (sketch map or copy of U.S. Geological Survey Map, etc.).
B.
Assessment of Significant Environmental Effects.
(1)
The following questions should be answered by placing a check in the appropriate column(s). If desirable, the “comments attached” column can be checked by itself or in combination with an answer of “yes” or “no” to provide additional information or to overcome an affirmative presumption.
(2)
In answering the questions, the significant beneficial and adverse, short-term and long-term effects of the proposed action, on site and off site during construction and operation should be considered.
(3)
All questions should be answered as if the agency is subject to the same requirements as a private person requesting a license or permit from the State or federal government.
C.
Summary of Environmental Effects Report. Attached to the front of every environmental effects report should be a one or two page summary in substantially the following form:
1.
Kind of action: _________________________ request for legislative appropriation, i.e., requests for capital budget items, requests for encumbrances upon special funds or trusts, and bond issues.
2.
Official responsible for issuance of this statement (name, address, telephone).
3.
Official responsible as a contact for questions in regard to the environmental effects report.
4.
Name, location, and brief description of the action.
5.
Summary of environmental effects for the following:
6.
List of alternatives considered.
7.
List all federal, State, and local agencies and other sources from which written comments have been requested.
8.
Date statement was sent to Clearinghouse.
Chapter annotations
Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland
History: Effective date: October 29, 1975 (2:24 Md. R. 1482)
History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)
History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)
History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)
History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)
History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)