Maryland General Assembly

Department of Legislative Services

Proposed Regulations

Department of the Environment

(DLS Control No. 15-067)

DLS Control No. 15-067

Overview and Legal and Fiscal Impact

These re-proposed regulations adopt the requirements of the Environmental Protection 

Agency’s (EPA) control technique guidelines (CTG) for volatile organic compound (VOC) 

emissions for fiberglass boat manufacturing. 

The regulations present no legal issue of concern.

There is no fiscal impact on State or local agencies. 

Regulations of COMAR Affected

Department of the Environment:

Air Quality: Volatile Organic Compounds from Specific Processes:

COMAR 26.11.19.26 and .26-1

Legal Analysis 

Background

VOC emissions can combine with nitrogen oxides to form ground-level ozone, which can 

cause a variety of health and ecological problems. The federal Clean Air Act requires all areas 

of the country to achieve specific air quality standards for ozone and to develop state 

implementation plans to meet those standards. EPA issues CTGs to assist States in reducing 

VOC emissions. States may follow the CTG or adopt more restrictive standards. 

Regulations were previously published in the Maryland Register on December 1, 2014, 

but were not adopted. According to the Department of the Environment, the re-proposed 

regulations address concerns relating to VOC content and vapor pressure limits for cleaning 

materials that were raised during the public comment period. 

Summary of Regulations

These regulations adopt the requirements of EPA’s CTG for VOC emissions for 

fiberglass boat manufacturing. New Regulation .26-1 (1) defines terms, including altering the 

definition of “non-VOC cleanup material” from the definition used in the previously published 

regulations to ensure consistency with the CTG rule; (2) establishes VOC emissions 

requirements and alternative compliance options for fiberglass boat manufacturing; 

(3) establishes test methods and VOC emissions compliance procedures; and (4) establishes 
2 DLS Control No. 15-067

record keeping requirements. In light of this new regulation, Regulation .26 exempts fiberglass 

boat manufacturing from VOC regulation under a separate section to avoid duplicative or 

conflicting requirements.

Legal Issue

The regulations present no legal issue of concern.

Statutory Authority and Legislative Intent

The department cites §§ 1-101, 1-404, 2-101 through 2-103, 2-301 through 2-303, 10-102 

and 10-103 of the Environment Article as legal authority for the regulations. More specifically, 

§§ 2-301 through 2-303 establish the broad authority of the department to regulate and set 

standards for emissions, the control of air pollution, and ambient air quality in the State, 

consistent with federal requirements. 

This authority is correct and complete. The regulations comply with the legislative intent 

of the law.

Fiscal Analysis 

There is no fiscal impact on State or local agencies. 

Agency Estimate of Projected Fiscal Impact

The department advises that the regulations have minimal or no impact on State or local 

governments. The Department of Legislative Services concurs. 

Impact on Budget

There is no impact on the State operating or capital budget. 

Agency Estimate of Projected Small Business Impact

The department advises that the regulations have minimal economic impact on small 

businesses in the State; the regulations affect only one existing small business. The Department 

of Legislative Services concurs. 

Contact Information

Legal Analysis: Cristen C. Flynn – (410) 946/(301) 970-5350

Fiscal Analysis: Kathleen P. Kennedy – (410) 946/(301) 970-5510