Chapter 03. Details of Filing Requirements — Generating Stations
Regulation .01 Description of Generating Station.LinkCopy Citation
An application to construct a generating station shall provide a description of the generating station, including linear facilities, or the generating station modification, and shall include:
A.
A statement or finding by the county or municipal corporation in which any portion of the project is proposed to be located, under COMAR 20.79.01.05 and .06, of whether the project is consistent with the applicable local comprehensive plan and zoning ordinance, if provided;
B.
A high-resolution concept plan, including:
(1)
A location map with total site area and applicable land boundaries indicating the location of the proposed project in relation to municipal boundaries, perimeter roads, and traffic facilities;
(2)
Project design features;
(3)
Setbacks from adjacent properties and rights of way, as applicable;
(4)
Characteristics of the land to be developed, including soil classifications and all natural resources and environmental features that require or may require protection in accordance with State and local regulations, including proposed setbacks;
(5)
All existing and proposed structures, existing and proposed parking areas with setbacks and buffers, and areas of impervious surfaces or lot coverage;
(6)
Preliminary information as required under the Forest Conservation Act; and
(7)
Proposed location of landscape buffering, as applicable;
C.
Operational features, including the expected capacity factor;
D.
The schedule for engineering, construction, and operation;
E.
The life expectancy of the generating station;
F.
A statement of the reasons for the selection of the design and the site of the generating station, including linear facilities, or generating station modification;
G.
A description of the impact of the project on the economics of the State and local and regional impacts;
H.
A description of the impact of the project on the stability and reliability of the electric system, or, if the impact is not known at the time of application, an explanation of the steps undertaken by the applicant to determine the impact, including the expected date for submission of the impact description;
I.
To the extent feasible, the location and major design features of any required major electric system upgrade, including any associated transmission line, as a result of the project; and
J.
A description of the planned interconnection, including the specific connection location and route, and a description of the status of the generating station in the transmission or distribution grid interconnection process.
Regulation .02 Environmental Information.LinkCopy Citation
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.
Regulation .03 Natural Resources Information.LinkCopy Citation
A.
The purpose of this regulation is to require the applicant to demonstrate that the application addresses impacts of the project on the State’s natural resources.
B.
The applicant’s environmental review document shall include the following natural resources information:
(1)
A description of the impacts on forests, including:
(a)
A forest stand delineation;
(b)
Any techniques used to minimize forest impact; and
(c)
The applicant’s proposal to address any applicable forest conservation ordinance of the county or municipal corporation in which any portion of the project is proposed to be located, including:
(i)
Efforts to comply with the applicable forest conservation ordinance, including the submission of a completed forest conservation worksheet for the county or municipal corporation;
(ii)
No action or, alternatively, deviation from the requirements of the applicable forest conservation ordinance, with an explanation of the applicant’s proposal or justification for the proposal and documentation of the county’s or municipal corporation’s agreement to the applicant’s proposal; or
(iii)
If applicable, a statement that the project is exempt from the Forest Conservation Act due to total acreage of forest cover in the county in which the project is proposed to be located;
(2)
A description of the impacts to rare, threatened, and endangered species, including:
(a)
An environmental review letter provided by the Maryland Department of Natural Resources;
(b)
Information obtained from the U.S. Fish and Wildlife Service Information for Planning and Consultation online project planning tool; and
(c)
An evaluation of mitigation and minimization actions to address impacts to rare, threatened, and endangered species, as needed;
(3)
A Phase I environmental site assessment report, prepared in accordance with the American Society for Testing Materials (ASTM) standard E1527;
(4)
A description and site plan concerning impacts to the Critical Area, consistent with COMAR 27.01, COMAR 27.02 (for State agency projects on State-owned lands), and COMAR 27.03 (regarding notice requirements);
(5)
For solar photovoltaic generating stations, the description and site plan required in §B(4) of this regulation shall also include:
(a)
Calculations of any required reservation of resource conservation area density rights for projects located in a resource conservation area consistent with COMAR 27.01.14.05D; and
(b)
The identification and location of any conservation easements, restrictive covenants, or other protective instrument over the property;
(6)
An analysis of potential noise impacts from construction and operation activities, including:
(a)
Sound power levels or sound pressure levels at specific distances associated with noise-generating sources; and
(b)
Identification of the closest noise-sensitive receptor locations;
(7)
A geotechnical report within all areas of planned subsurface disturbance, if applicable; and
(8)
Identification of sea level rise projects, if applicable.
Regulation .04 Socioeconomic Information.LinkCopy Citation
A.
The purpose of this regulation is to require the applicant to demonstrate that the application addresses the socioeconomic effects of the project.
B.
The applicant’s environmental review document shall include the following socioeconomic information:
(1)
A summary of the socioeconomic effects of the construction and operation of the project, including a description of the unavoidable impact and recommended mitigation;
(2)
A description of historic and archeological resources of the site and impacts from the project on those resources, including:
(a)
The Maryland Historic Trust’s response to a review intake questionnaire submitted by the applicant;
(b)
Labeled photographs of the project site including images of all buildings and structures located within the project area and keyed to a site plan, if possible;
(c)
Drawings and a written scope of work illustrating any plans to construct, demolish, or rehabilitate buildings or other structures; and
(d)
A brief description of the project area, including:
(i)
The past and present land uses and conditions; and
(ii)
Any known construction dates for the buildings in the project area;
(3)
A description of any agricultural resources affected by the project, including:
(a)
A map of the project site identifying any areas of prime farmland by metes and bounds;
(b)
The area or acreage of prime farmland impacted by the project;
(c)
An itemized list of all conservation easements impacted by the project;
(d)
The number of acres planned for removal from agricultural production; and
(e)
The current agricultural use of the prime farmland, if applicable;
(4)
A description of the project’s effect on public safety and transportation impacts, including:
(a)
Planned measures to address impacts to public services and safety, including but not limited to fire safety and emergency vehicle traffic plans;
(b)
A description of transportation information associated with the project, including:
(i)
Construction traffic routes;
(ii)
Road permits;
(iii)
Dust control methods; and
(iv)
Road damage avoidance and mitigation;
(c)
The proximity of the project to any nearby airport and information from the Federal Aviation Administration and Maryland Aviation Administration on the impacts of the project on air navigation and any proposed mitigation; and
(d)
When applicable, an evaluation of the project’s potential radiofrequency or thermal impacts to communication systems and military operations, and any proposed mitigation;
(5)
A description of any proposals to buffer the project’s visual impacts;
(6)
A description of vegetation management plans for the project site, including:
(a)
Topographic contour grading maps;
(b)
A grounds management plan, including weed control plans;
(c)
Any inclusion of pollinator habitat; and
(d)
For solar generating stations:
(i)
An affirmative statement whether the applicant intends to apply for the pollinator-friendly solar designation, pursuant to COMAR 08.13.02; and
(ii)
An affirmative statement whether the applicant intends to incorporate agrivoltaics;
(7)
A description of the project’s effects on the local economy, including:
(a)
Person-years of employment, including direct and indirect employment, during the project’s construction phase;
(b)
Person-years of employment, including estimates of direct and indirect employment, for the 5 years immediately following the completion of the project’s construction; and
(c)
Impacts to State and local tax revenues;
(8)
A description of the project’s impacts, if any, on other applicable State, regional, and local plans or programs, including a reference to each appropriate agency or unit with authority to review, evaluate, or comment on behalf of the plan or program; and
(9)
For solar photovoltaic generating stations, a preliminary study of reflective glare impacts on adjacent public and private rights of way, non-participating occupied structures, and flight paths associated with airports within 3 miles of the project site.
C.
Where applicable, the application shall address environmental justice information in accordance with Regulation .05 of this chapter.
Regulation .05 EJSCREEN Reports.LinkCopy Citation
An application for a proposed qualifying generating station shall be accompanied by:
A.
A copy of the applicant’s EJSCREEN Standard Report, or comparable report if the EJSCREEN is unavailable, which shall be based on a 3-mile circular buffer centered at the Geographic Information System coordinates of the proposed qualifying generating station and shall include a statement of the numerical thresholds applied to generate the report as required under COMAR 20.79.01.04; and
B.
A copy of the applicant’s EJSCREEN ACS Report, which shall be based on the same 3-mile circular buffer as the EJSCREEN Standard Report and shall utilize the U.S. Census Bureau American Community Survey data available through EJSCREEN.
Regulation .06 Statement of Public Engagement and Participation Certification.LinkCopy Citation
An application for a proposed qualifying generating station shall be accompanied by a signed statement of public engagement and participation, which shall include:
A.
A description of the time, place, and manner in which the applicant held the public meeting with members of the affected communities;
B.
A description of the manner in which the applicant provided notice to the affected communities of the proposed public meeting with members of the affected communities;
C.
A copy of any meeting sign-in sheet voluntarily indicating persons of interest; and
D.
A description of any terms, incentives, or resolutions reached between the applicant and the affected communities.
Regulation .07 Condemnation.LinkCopy Citation
If the applicant is requesting authority to exercise a right of condemnation in connection with the construction of a generating station, a statement of the reasons the generating capacity is necessary to ensure a sufficient supply of electricity to customers in the State as required under Public Utilities Article, §7-207(b)(2), Annotated Code of Maryland.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland
History: Effective date: February 10, 1997 (24:3 Md. R. 189)
History: Regulation .01 amended effective November 8, 2004 (31:22 Md. R. 1598)
History: Regulation .02B amended effective November 8, 2004 (31:22 Md. R. 1598)
History: Regulation .03 adopted effective November 8, 2004 (31:22 Md. R. 1598)
History: Chapter revised effective November 30, 2020 (47:24 Md. R. 1034)
History: Chapter revised effective September 6, 2021 (48:18 Md. R. 694)