Bill
SB 978
The bill requires environmental impact analyses and EJ-focused disclosures for a wide range of permitted projects, enabling MDE to deny or condition permits that worsen local envir
Environmental Permits — Requirements for Public Participation and Impact and Burden Analyses
Status: Hearing scheduled 2/25 at 1:00 p.m.
Introduced: January 2025
The bill seeks to strengthen environmental permitting by (1) expanding public participation and disclosure requirements for certain industrial and infrastructure projects, (2) requiring applicants to submit environmental impact analyses (and, in some cases, an “existing burden” report), and (3) directing the Maryland Department of the Environment (MDE) to deny or condition permits that would worsen cumulative environmental and public‑health burdens on nearby communities. The goal is to identify and limit projects that would increase adverse impacts—particularly in communities already burdened by pollution (environmental justice communities).
Applicability: Adds numerous permit types to an expanded public‑participation subtitle (air construction permits, NPDES/discharge permits, potable reuse, sludge/sewage storage, hazardous material/facility permits, low‑level nuclear waste permits, certain Title V air permits, and others). Establishes a defined list of “covered projects” (22 categories) including refineries, landfills, incinerators, energy facilities, large sewage treatment plants (>50 MGD), fossil fuel terminals, manufacturing, and related facilities.
EJ score disclosure: Permit applicants must submit the Maryland EJ tool score (EJ Score) for the census tract where the permit is sought. MDE will verify that score.
Environmental impact analysis (required for covered projects identified as having an increased potential for adverse community impacts): must describe site conditions, short‑ and long‑term environmental and public‑health impacts, alternatives, irreversible resource commitments, proposed mitigation, and — if applicable — a proposed existing burden report.
Existing burden report: Required when a covered project is within 1.5 miles of an “at‑risk” census tract (EJ Score ≥ 75th percentile). Must document local pollution sources/categories, ambient concentrations of regulated pollutants, traffic and noise/odor metrics, lead exposure potential, and similar community burden indicators.
Public notice: When MDE publishes notice for affected permits, the notice must include the EJ Score, a description of contributing EJ indicators, and—if applicable—the environmental impact analysis and proposed existing burden report, with a link to MDE’s review.
MDE review and permit decisions: After reviewing submitted analyses and other information, MDE must determine whether a project may cause or contribute to increased potential for adverse environmental or public‑health impacts. MDE may deny permits that would do so, or issue conditional permits requiring mitigation measures and monitoring.
Cost allocation & transparency: Applicants are to bear costs incurred by MDE in reviewing these materials. The bill also requires MDE to make enforcement information public and directs a portion of enforcement revenue to a special fund to support related activities.
Administrative coordination: The Secretary must prepare recommendations for issues considered by the Public Service Commission when relevant.
If you want, I can:
- Extract the specific list of the 22 “covered project” types into a compact checklist, or
- Draft a one‑page fact sheet for affected permit applicants describing application requirements and timelines.
Compiled from official sources — confirm details with the bill’s official record.
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