Section 15-2108. ENVIRONMENTAL IMPACT STATEMENT

 

2108.1The applicant shall submit an Environmental Impact Statement ("EIS"). At a minimum, the EIS shall evaluate the following potential environmental impacts:

 

(a)Air quality, National Ambient Air Quality Standards ("NAAQS"). The analysis of air quality shall include an analysis of the following six (6) criteria pollutants in the context of NAAQS:

 

(1)Sulfur dioxide;

 

(2)Nitrogen oxides;

 

(3)Carbon monoxide;

 

(4)Particulate matter (PM 2.5 and PM10);

 

(5)Ozone; and

 

(6)Lead.

 

(b)Air Quality, other emissions: The analysis of air quality shall include all other emissions regulated for the utility industry under the Federal Clean Air Act;

 

(c)Surface and ground water resources. The analysis of surface and ground water resources shall include the following:

 

(1)Water availability; and

 

(2)Water quality, including discharge, storm water runoff, and potential spill events.

 

(d)Land use, socioeconomic, and aesthetic conditions: The analysis of these items shall evaluate, at a minimum, the following:

 

(1)Appropriate zoning and compatibility with adjacent land use;

 

(2)Impact on traffic;

 

(3)Impact on cultural and historical resources; and

 

(4)Visibility impacts in terms of air pollution effects and aesthetics.

 

(e)Noise conditions: The analysis of noise shall include the following:

 

(1)A complete review of standards that will be met;

 

(2)The points of measurement for noise impacts;

 

(3)A comparison of the impact of the action to common outdoor sounds at that location; and

 

(4)A complete explanation of the methodology used for the noise impact measurements.

 

(f)Aquatic and terrestrial ecology resources: The analysis of aquatic and terrestrial ecology shall evaluate the impact upon the following:

 

(1)Fish;

 

(2)Wildlife;

 

(3)Vegetation; and

 

(4)Direct discharges into surface waters and impact on wetland habitats; and

 

(g)Electric and magnetic fields (EMF): Until applicable laws governing EMF are enacted, the applicant shall submit the following information:

 

(1)An update of the general research on the health effects of EMF;

 

(2)The relationship of the proposed action to the increase or decrease of EMF, including any mitigating measures that could be employed to decrease EMF;

 

(3)The applicant's efforts to measure and better understand background EMF in the communities affected by the proposed action; and

 

(4)If and when laws are enacted, then the EIS shall demonstrate compliance with all applicable laws.

 

2108.2Applicants seeking to construct a generating facility shall demonstrate the manner in which it will achieve compliance with the acid rain provisions of the Federal Clean Air Act as well as regional emissions cap and trade programs. Until specific law is enacted regarding the emission of greenhouse gases, the applicant shall also report the greenhouse gas emissions for the proposed action, address the cost of possible mitigation of such gases through control or compensation, and state whether and to what extent the expected emissions are within the limits established by any applicable laws or regulations.

 

2108.3Impacts of the items set forth in § 2108.1 shall be analyzed for all components at all stages of project life including the following:

 

(a)Construction;

 

(b)Operation; and

 

(c)Retirement.

 

2108.4The analysis of each of the items set forth in § 2108.1 shall include the following information:

 

(a)A list of applicable regulations. The list shall identify the component of the proposed facility affected, the official designation of the regulation, and the agency responsible for enforcing the regulation;

 

(b)An analysis of the environmental impacts resulting from current site use (or base line conditions if there is no existing facility at the site);

 

(c)The potential environmental impacts resulting from the proposed action; and

 

(d)A demonstration that the parties proposing the action, and those that will implement the action, have the qualifications to design, build, operate, and retire any planned facility.

 

2108.5The applicant shall provide an analysis of the mitigation and externalities for the potential environmental impacts set forth in § 2108.1. For each impact the explanation shall include the following information:

 

(a)A statement demonstrating that the proposed action will comply with all regulations applicable to the design, construction, operation and retirement of the proposed electric generating or transmission facility;

 

(b)An analysis of the requirements that must be met to comply with the applicable regulations; and

 

(c)A statement of whether the required permit, license, or other such authority has been secured and, if not, why not.

 

2108.6The applicant shall indicate any steps taken, or to be taken, to mitigate the environmental impacts of the proposed action. These include steps taken either to comply with applicable regulations or to mitigate beyond the level required by regulations. Mitigation may include avoiding an impact altogether, minimizing an impact by limiting the scale of the action, rectifying an impact, reducing an impact through the addition of equipment or limitations on operations, or compensating for the impact. Any and all studies on mitigation must be made available as part of the EIS submission.

 

2108.7In the context of all applicable regulations, the EIS shall discuss whether there are any adverse effects from externalities on the public health, welfare, and safety of the citizens of the District of Columbia.

 

2108.8The EIS shall include evaluations of the full range of alternatives to the proposed action. The evaluation shall include, but is not limited to, a comparison of the environmental consequences of the alternative to that for the proposed action. The evaluation shall state the reasons the alternative was rejected in favor of the proposed action. At a minimum, the evaluation shall include the following alternatives:

 

(a)Alternative sites for the proposed action, including the alternative of building a stand-alone power plant inside or outside the District. For transmission lines, alternative routes are the alternative sites that must be evaluated;

 

(b)Alternative technologies for the proposed action, including supply-side and demand-side alternatives; and

 

(c)Alternative environmental control strategies for the proposed action. The strategies shall include the following:

 

(1)Alternative designs;

 

(2)Equipment configurations; and

 

(3)Operating plans.

 

2108.9The EIS shall include a statement as to whether the proposed action involves any irreversible and irretrievable commitment of resources.

 

Examples include the following:

 

(a)A commitment to use fossil fuels; and

 

(b)The use of previously undeveloped land for a power plant site or a transmission line right of way.

 

2108.10The EIS shall include an analysis indicating whether the proposed action results in a net environmental benefit. Both direct and indirect environmental impacts may be used in the demonstration. For direct environmental impacts, the most acceptable demonstration is that the proposed action, as compared to the current situation, actually leads to a reduction in environmental impacts. For indirect impacts, the EIS may demonstrate that environmental impacts are reduced for some other activity beyond the scope of the proposed action.

 

Examples of an analysis of net indirect environmental benefits include the following:

 

(a)The purchase of air pollution offsets at another existing facility in the District of Columbia so that the proposed action results in a net reduction in the District of Columbia of some air pollutants; and

 

(b)The proposed facility providing fuel for electric or gas vehicles which, as compared to conventional vehicles, emit less air pollution; the net environmental impact would then be in the form of the reduction of air pollution emissions by displacing conventional vehicles with low-pollution vehicles.

 

2108.11The applicant shall submit an analysis of the cumulative risk of adverse health effects which includes the following:

 

(a)Hazard Assessment: The hazard assessment identifies the pollutants that cause health risk concerns. The types of health risks that must be analyzed include the following:

 

(1)Cancer risks;

 

(2)Chronic non-cancer risks; and

 

(3)Acute non-cancer risks.

 

(b)Exposure Assessment: The exposure assessment identifies the population at risk and the extent of exposure. Conservative assumptions shall be used in the exposure assessment. Exposure via multiple pathways shall include the following:

 

(1)Inhalation;

 

(2)Ingestion; and

 

(3)Dermal contact.

 

(c)Risk Computation: The risk computation shall set the criteria by which risks will be judged. When technology-based or health-based standards are available from the District of Columbia or the federal government, then those standards set the criteria to be used in the risk computation. For cancer health risks, the applicant shall analyze the computed risk for cancer related health risks, against both a one in one hundred thousand and a one in one million standard;

 

(d)Cumulative Risk Computation: The applicant shall explain and justify the extent to which risks reflect any possible interaction of one pollutant with another or the possible accumulation of pollutants from the proposed action with existing sources of pollutants. At a minimum, the applicant shall accumulate the lifetime health risk by pathway for the most exposed individual for pollutants attributable to all facilities affected by the proposed action when operated to the maximum extent possible. The applicant shall inform the Commission with respect to any interaction with existing environmental impacts (or baseline conditions) which would aggravate or diminish the incremental environmental impact of the proposed action; and

 

(e)Uncertainty Assessment: The conservatism of the assumptions used in paragraphs (a) through (d) of this subsection shall be fully explained and justified.

 

2108.12In addition to the EIS submitted by the applicant, the Commission may employ, and other interested persons may retain, an independent technical agent to conduct an EIS. The independent technical agent shall perform the same analysis required of the applicant.

 

2108.13The applicant shall submit the following information, at a minimum, to describe the current situation:

 

(a)A technical description of the current use of the proposed site;

 

(b)Annual and monthly hours of operation over the five (5) year period preceding the date of application;

 

(c)An explanation of any atypical or poor operating experience over the five (5) year period preceding the date of application. Included in any submission shall be an assessment of the possible consequences of atypical or poor operating experience in the future;

 

(d)An analysis of the environmental impacts listed in § 2108.1, including all environmental test results used to measure those impacts over the five (5) year period preceding the date of application;

 

(e)The applicant shall document that the environmental impacts resulting from the current situation comply with all applicable environmental regulations; and if not, what efforts will be made to ensure compliance; and

 

(f)Any other information relevant to the characteristics of the current situation.

 

2108.14The applicant shall submit the following information regarding the proposed action:

 

(a)A technically complete and detailed description of the proposed action that shall include, at a minimum, the following:

 

(1)A description of the core facility; and

 

(2)All ancillary facilities, including on-site fuel and other material storage and cooling towers, as well as changes in off-site substations, transmission lines, and waste storage and disposal facilities.

 

(b)A breakdown of the core and ancillary facilities by each component having a potential for environmental impact;

 

(c)A technical description characterizing the equipment design and operation of the proposed action, which includes, at a minimum, the following information:

 

(1)Equipment specifications by component;

 

(2)Fuel use, by type over project life including a statement as to whether the facility will operate on renewable resources of power;

 

(3)Maximum and expected kw and kwh generation or transmission each year over project life;

 

(4)Maximum and expected production of outputs and products other than electricity each year over project life; and

 

(5)Any relevant maps, plats or layouts.

 

(d)An executive summary that describes the proposed action using non-technical terminology.

 

2108.15The EIS shall include information in the form of a list and description of the experience with the type of action proposed in either the District of Columbia or other, similar urban areas.

 

2108.16The applicant shall demonstrate the need for a proposed action in the context of the other outputs and products the proposed action will produce other than electricity.

 

2108.17The applicant shall demonstrate the impact of the proposed action in the context of applicable environmental plans, including the following:

 

(a)The District of Columbia Comprehensive Plan; and

 

(b)Any plans developed to assure the area attains federal ambient air quality standards for ozone and carbon monoxide, as well as any emissions for which the District may be in a state of non-compliance.

 

2108.18The applicant shall analyze whether, and if so, how, the proposed action will impact, in any substantial way, the attainment of the goals of the environmental plans addressed in § 2108.17.

 

2108.19The Commission may require additional assessments depending on the particular characteristics of the proposed action.

 

2108.20All models and assumptions used by the applicant shall be fully documented and justified.

 

2108.21If the applicant or project is covered by D.C. Code, 2001 Ed. §§ 8-109.03 et seq. or 34-2601 et seq., the EIS shall conform to the requirements of those statutory provisions.

 

2108.22The project coordinating committee established under § 2106 of this chapter shall coordinate the activities of the agencies in preparing any EIS or supplemental EIS which may be required pursuant to D.C. Code, 2001 Ed. §§ 8-109.01 to 8-109.11, or any other applicable statute.

 

source

Final Rulemaking published at 51 DCR 8645 (September 3, 2004).