A Guide to the Maryland Environmental Policy Act (MEPA) Requirements, Process, and Compliance

The Maryland Environmental Policy Act (MEPA) plays a crucial role in safeguarding the state's natural resources and ensuring sustainable development. This comprehensive guide explores the key aspects of MEPA, focusing on its applicability to various activities and entities, the structure and essential provisions of the regulation, and the compliance obligations and enforcement mechanisms. Readers will gain a clear understanding of the regulatory standards and limitations, monitoring and reporting requirements, and the potential consequences of non-compliance. The guide also delves into recent developments and the future outlook of MEPA, providing valuable insights into the evolving regulatory landscape. By exploring the additional resources and further reading materials provided, readers will be well-equipped to navigate the complexities of MEPA and make informed decisions in their projects.

GENERAL INFORMATION

Key Details of the Maryland Environmental Policy Act (MEPA)

Issuing Agency: Maryland Department of Natural Resources and Maryland Department of the Environment

Year Established: 1973

Last Amended: 1992

Statutory Authority: Maryland Code Annotated, Natural Resources Article, Sections 1-301 through 1-3051

Primary Legal Reference: Code of Maryland Regulations, Title 08, Subtitle 01, Chapter 012

Overview of the Maryland Environmental Policy Act (MEPA)

The Maryland Environmental Policy Act (MEPA) is a comprehensive environmental regulation that operates within the state's broader framework of environmental laws and policies. MEPA requires state agencies to consider and report on the environmental consequences of their proposed actions, such as issuing permits or funding projects, through the preparation of environmental impact statements.3

Enacted in 1973 and last significantly amended in 1992, MEPA aims to ensure that state agencies make informed decisions that minimize adverse environmental impacts and protect Maryland's natural resources. The Maryland Department of Natural Resources and the Maryland Department of the Environment are the primary agencies responsible for administering and enforcing MEPA.4

MEPA's approach to achieving its goals involves a procedural requirement for state agencies to evaluate the environmental impacts of their actions and consider alternatives that may have less adverse effects. This process is designed to promote transparency, public participation, and informed decision-making in state agency actions that may significantly affect the environment.5

What does the Maryland Environmental Policy Act (MEPA) protect?

The Maryland Environmental Policy Act (MEPA) protects a wide range of environmental resources within the state, including air quality, water resources (both surface water and groundwater), wetlands, forests, wildlife habitat, and unique ecological areas. MEPA seeks to protect these resources from the adverse impacts of state agency actions by requiring a thorough evaluation of the environmental consequences of proposed projects or decisions. Through the environmental impact statement process, MEPA ensures that state agencies consider alternatives and mitigation measures to minimize harm to Maryland's natural resources and maintain a healthy environment for its citizens.6

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Maryland Environmental Policy Act (MEPA) is a comprehensive environmental law that applies to a wide range of activities and entities within the state of Maryland. MEPA aims to protect the environment and public health by regulating activities that may have a significant impact on the state's natural resources, such as air, water, and land7.

Under MEPA, the following activities and entities are subject to regulation:

  1. State agencies undertaking or approving projects that may have significant environmental impacts8
  2. Local governments undertaking or approving projects that may have significant environmental impacts and involve state funds or state permits9
  3. Private entities undertaking projects that require state permits or approvals, such as those related to air emissions, water discharges, or land disturbance10

MEPA prohibits the following activities:

  1. Undertaking or approving projects without conducting the required environmental impact assessment11
  2. Commencing construction or other activities related to a project before obtaining the necessary approvals and permits12
  3. Providing false or misleading information in environmental impact statements or permit applications13

These prohibitions are in place to ensure that all regulated activities undergo proper environmental review and that decision-makers have access to accurate information when evaluating the potential impacts of a project. By requiring a thorough assessment of environmental consequences, MEPA helps to minimize adverse effects on Maryland's natural resources and public health14.

Structure and Key Provisions

Overview

The Maryland Environmental Policy Act (MEPA) is structured into several key sections that outline the law's purpose, applicability, and requirements. The main sections of MEPA include15:

  1. Definitions
  2. Environmental impact assessment requirements
  3. Permitting and approval processes
  4. Enforcement and penalties

Key Provisions

Section 1-301: Definitions

This section defines important terms used throughout MEPA, such as "environment," "significant environmental impact," and "state agency."16

Section 1-303: Environmental Impact Statements

This provision requires state agencies to prepare environmental impact statements (EIS) for proposed projects that may have significant environmental impacts. The EIS must include a detailed description of the project, its potential environmental effects, and alternatives to the proposed action.17

Section 1-304: Permitting and Approval Processes

This section outlines the procedures for obtaining permits and approvals related to projects subject to MEPA. It requires state agencies to coordinate with other relevant agencies and to consider the findings of the EIS when making permitting decisions.18

Section 1-305: Enforcement and Penalties

This provision establishes the enforcement mechanisms and penalties for violations of MEPA. It authorizes the Maryland Department of the Environment to issue orders, impose fines, and take other actions to ensure compliance with the law.19

While this overview provides a general understanding of MEPA's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the relevant state agencies for project-specific guidance. The applicability and specific requirements of MEPA may vary depending on the nature, location, and scale of the proposed project.20

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Maryland Environmental Policy Act (MEPA) establishes various standards and limitations to protect the environment and public health. These may include emissions limits for air pollutants, water quality standards, and performance standards for certain industries or activities.21 The Maryland Department of the Environment (MDE) is responsible for implementing and enforcing these standards through a variety of mechanisms, such as permits, licenses, and approvals.22 Developers and consultants should work closely with MDE to understand the specific standards and limitations that apply to their projects and ensure compliance with MEPA requirements.

Monitoring, Reporting & Recordkeeping Obligations

Under MEPA, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with environmental standards and provide transparency to regulators and the public.23 The specific requirements may vary depending on the type of project, industry, and potential environmental impacts. Developers and consultants should engage with MDE early in the project planning process to understand the applicable monitoring, reporting, and recordkeeping obligations. This may involve developing monitoring plans, submitting periodic reports, and maintaining accurate records of environmental data and compliance activities.

Enforcement Actions & Penalties

The Maryland Department of the Environment (MDE) is responsible for enforcing compliance with MEPA and may take various enforcement actions against violators. These actions may include issuing notices of violation, administrative orders, or seeking civil or criminal penalties through the courts.24 The severity of the enforcement action and potential penalties will depend on factors such as the nature and extent of the violation, the potential for environmental harm, and the violator's compliance history. To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and work closely with MDE to address any issues that arise. It is essential to consult the full text of MEPA and related regulations and guidance documents to understand the specific enforcement provisions and penalty structures that may apply to a given project.25

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Maryland Environmental Policy Act (MEPA) has undergone several significant developments that have shaped the current regulatory landscape. One notable change was the passage of Senate Bill 783 in 2021, which amended MEPA to require state agencies to consider the impacts of climate change when reviewing proposed actions 26. This amendment aims to ensure that state-funded projects are resilient to the effects of climate change and do not contribute to greenhouse gas emissions.

Another important development was the issuance of updated guidance by the Maryland Department of the Environment (MDE) in 2020 regarding the preparation of Environmental Effects Reports (EERs) under MEPA. The updated guidance clarifies the requirements for EERs, including the need to consider cumulative impacts and environmental justice issues, and provides additional resources for applicants.

Looking ahead, there are several potential regulatory changes and policy shifts that could affect the implementation of MEPA. For example, the Maryland General Assembly is currently considering legislation that would expand the scope of MEPA to cover certain private projects that receive state funding or incentives 27. If passed, this legislation could significantly increase the number of projects subject to MEPA review.

To stay informed about these and other developments related to MEPA, stakeholders can:

  1. Monitor the MDE website for updates and announcements
  2. Subscribe to the MDE's email newsletters and alerts
  3. Attend public meetings and hearings on proposed regulatory changes
  4. Engage with industry associations and professional organizations that track environmental policy issues in Maryland

By staying informed and engaged, developers, environmental consultants, and other stakeholders can better navigate the evolving regulatory landscape and ensure compliance with MEPA requirements.

Additional Resources

Maryland Environmental Policy Act (MEPA) - Full Text: The full text of the Maryland Environmental Policy Act, including all amendments and revisions.

REFERENCES

  1. Md. Code Ann., Nat. Res. §§ 1-301 through 1-305.

  2. Code of Maryland Regulations, Title 08, Subtitle 01, Chapter 01.

  3. Maryland Department of Natural Resources. (n.d.). Maryland Environmental Policy Act (MEPA) https://dnr.maryland.gov/ccs/Pages/mepa.aspx

  4. Ibid.

  5. Ibid.

  6. Maryland Department of the Environment. (n.d.). Maryland Environmental Policy Act https://mde.maryland.gov/programs/Permits/Pages/MEPA.aspx

  7. Md. Code Ann., Nat. Res. § 1-302 (West 2021).

  8. Md. Code Ann., Nat. Res. § 1-304(a) (West 2021).

  9. Md. Code Ann., Nat. Res. § 1-304(b) (West 2021).

  10. Md. Code Ann., Nat. Res. § 1-304(c) (West 2021).

  11. Md. Code Ann., Nat. Res. § 1-303(b) (West 2021).

  12. Md. Code Ann., Nat. Res. § 1-304(d) (West 2021).

  13. Md. Code Ann., Nat. Res. § 1-305(a) (West 2021).

  14. Maryland Department of Natural Resources. (2021). Maryland Environmental Policy Act (MEPA) https://dnr.maryland.gov/pages/mepa.aspx

  15. Md. Code Ann., Nat. Res. § 1-301 et seq. (West 2021).

  16. Md. Code Ann., Nat. Res. § 1-301 (West 2021).

  17. Md. Code Ann., Nat. Res. § 1-303 (West 2021).

  18. Md. Code Ann., Nat. Res. § 1-304 (West 2021).

  19. Md. Code Ann., Nat. Res. § 1-305 (West 2021).

  20. Maryland Department of the Environment. (2021). Maryland Environmental Policy Act: Guidance for State Agencies https://mde.maryland.gov/programs/Permits/Documents/MEPA_Guidance.pdf

  21. Md. Code Ann., Nat. Res. §§ 1-301 to 1-305 (West 2021).

  22. Maryland Department of the Environment. (n.d.). Permits and Approvals https://mde.maryland.gov/programs/Permits/Pages/index.aspx

  23. Md. Code Ann., Nat. Res. § 1-303 (West 2021).

  24. Md. Code Ann., Nat. Res. § 1-304 (West 2021).

  25. Maryland Department of the Environment. (n.d.). Laws and Regulations https://mde.maryland.gov/programs/Permits/Pages/lawsandregulations.aspx

  26. Maryland General Assembly. (2021). Senate Bill 783: Maryland Environmental Policy Act - Environmental and Climate Justice. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0783

  27. Maryland General Assembly. (2023). House Bill 1216: Maryland Environmental Policy Act - Application to Private Projects. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb1216

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the MEPA. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.